Realtors, Ethics and Hate Speech

 A quick lesson; real estate agents are licensed by the state.  Our governing agency is the Oregon Real Estate Agency.  Many licensees choose to join our professional association; the National Association of Realtors (NAR).  So, not all licensees are Realtors.  One must be a member of the professional association (at least here in Oregon) to be a member of the multiple listing service, which is the huge database (and more) through which we "list" and access properties available for sale.

The National Association of Realtors has long had a code of ethics by which one must conduct ones business.  The code is changed and updated, carefully, recognizing we do business in varying communities across the country.

NAR recently made two notable changes to the code, one of which is getting a fair amount of attention.  

Previously, the code's applicability was limited to real estate related activities and transactions involving realtors. So, members could engage in behavior prohibited by the code, if it couldn't be tied to real estate related activity or a transaction.  Beginning January 1, 2021, the applicability of the code of ethics reads: "A Realtor shall be subject to disciplinary action under the code of ethics with respect to all of their activities.".

In  addition to the above change, Standard of Practice 10-5 was added: "Realtors must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.".

I really like this.  In expanding the code to apply to all our activities, is the recognition that the housing industry is a far reaching and important part of society.  Realtors can have outsized influence in how people access housing and home ownership.   The housing industry ( real estate agents, lenders, funders, government loan backers such as Fannie Mae, property managers, developers, city planners) has long stood between, and actively kept protected classes from accessing stable housing. We know housing is a foundational piece of household stability and wealth building from which protected classes have been excluded.

Tying that expansion of the code to the prohibition of hate speech is the right move.  Can someone really spew hate speech with their friends on Friday night and then provide equitable service to protected classes the following day?  I don't think so. 

As you might imagine, there are cries of stymied free speech rights, among others things.  Some of this fervor comes from not understanding the difference between hate speech and other speech.  One could say (not that I would), "I don't support Black Lives Matter".  In my mind, this would not be considered hate speech.  But if one let loose with the "n" word, it would classify as hate speech.  

I hope some earnest conversations can be had, helping Realtors parse this difference.

And should you wonder about enforcement, our code is generally complaint based.  And regional associations; the Oregon Realtors and Portland Metro Association of Realtors, are required to act on complaints and enforce the code, otherwise, they risk expulsion from the National Association. 

Do you belong to a professional association?  And if so, are there behavior expectations or some sort of code?  Indeed real estate agents, working with the public and as gatekeepers of the important and universally needed resource of housing, may have a higher bar than your industry.  Still I'm curious.