The National Association of REALTORS® and realtor.com® on Wednesday honored the four inaugural winners of the Fair Housing Champion Awards during NAR’s Fair Housing Month event, “What Will it Take to Close the Racial Homeownership Gap?” Honorees were recognized for making a significant impact on efforts to advance fair housing and expand homeownership to traditionally underserved communities, either through their business or as a volunteer or advocate.

This year’s winners are as follows:

Harrison Beacher is the managing partner of the Coalition Properties Group team at Keller Williams Capital Properties in Washington, D.C. He serves as the 2022 president of the Greater Capital Area Association of REALTORS®, and he’s an at-large director for the District of Columbia Association of REALTORS®. Many of Beacher’s clients are first-time buyers, and he helps them succeed by connecting them with down payment assistance programs and other resources.

Sabrina Brown, ABR, SRS, is broker-owner of Brown and Brown Real Estate in Fresno, Calif. She’s a director at her local and state associations, the Madera Association of REALTORS® and the California Association of REALTORS®. Brown regularly holds workshops that connect first-time buyers with programs to help them achieve homeownership and invest in real estate, with an emphasis on outreach to people of color.

Bobbi Howe, CRS, is a second-generation real estate professional with more than 24 years of experience in the field. Howe currently serves as the treasurer-elect for Missouri REALTORS®, and she says she is dedicated to using her platform to spread the word and educate colleagues and consumers about systemic racism in real estate. She works to expand opportunities for Black real estate investors in the Kansas City area.

Rafael Perez has extensive experience as a mortgage banker, lender, and educator. Perez serves on NAR’s Fair Housing Policy Committee and is a member and past president of the San Diego chapter of the National Association of Hispanic Real Estate Professionals. He continues his eight-plus years of service as a commissioner for the City of San Diego on the Citizens’ Equal Opportunity Commission. Perez is passionate about helping families create household wealth through homeownership. He also helps San Diego residents who have been displaced by development to move back into their old neighborhoods.

“NAR is committed to helping build thriving, inclusive communities in every ZIP code in America,” NAR President Leslie Rouda Smith said in a statement. “I am so proud of all the work our winners have done to increase access to homeownership and hope their leadership can serve as an example to inspire others into action.” The Fair Housing Champion Awards, sponsored by realtor.com®, provide a $4,000 prize to each winner that they can dedicate to a housing-related nonprofit organization of their choice.

©National Association of REALTORS®
Reprinted with permission

NAR’s Board of Directors meeting highlights strategic priories for the association and solidifies the 2023 leadership team.

Strengthening fair housing enforcement was a priority for the National Association of REALTORS® Board of Directors during its Friday meeting. The governing body passed resolutions supporting fair lending provisions of the Fair Housing Act and the Equal Credit Opportunity Act—which prohibit discrimination in consumers’ access to credit on prohibited bases—and urged state associations to promote legislation for minimum, universal fair housing education requirements for all real estate licensees.

Also, according to an informal poll conducted during the meeting, the board believes legislative and regulatory advocacy—and the changing role of REALTORS®—are issues that will be top priorities for the real estate industry in the next five years. Board members also said the lack of new construction is the biggest factor constraining inventory.

Member dues will remain $150 per year. Directors also voted in favor to continue supporting the NAR consumer advertising campaign with an increase in the special assessment cost of $10 a year, bringing the annual cost per member up to $45 starting in 2023 through at least 2027. This is the first increase since the “That’s Who We R” campaign was launched in 2019.

More actions at the Board of Directors meeting:

Distinguished Service Awards

Cindy Chandler of Charlotte, N.C., and Chris McElroy of Fort Collins, Colo., were named NAR’s 2022 recipients of the Distinguished Service Award—the highest honor outside the presidency bestowed to an NAR member.

A 30-year industry veteran, Cindy Chandler, CRE, AHWD, C2EX, is the founder of The Chandler Group, a consulting and training company, and authored The Insider’s Guide to Commercial Real Estate (Dearborn/Kaplan Publishing, 2013). Chandler has served in numerous leadership roles for NAR, including as chair of the Commercial Leadership Forum, the REALTORS® Commercial Alliance Committee, the Commercial Real Estate Research Subcommittee, and the Commercial Legislation and Regulatory Subcommittee. In 2011, she was regional vice president for Region 4 (Kentucky, North Carolina, South Carolina, and Tennessee). She is currently serving as NAR’s Executive Committee representative for The Counselors of Real Estate, and she’s a two-time REALTORS® Political Action Committee Hall of Fame member.

Chris McElroy, CRS, AHWD, a REALTOR® for 45 years, is a broker associate and partner with The Group Inc.–Harmony. His involvement with NAR spans more than 30 years and includes chairing the Federal Taxation Committee, the Housing Opportunity Advisory Board, the Research Committee, the State & Local Issues Policy Committee, and the Public Policy Coordinating Committee. He is currently serving on the Legal Action Committee. McElroy has twice been inducted into the REALTORS® Political Action Committee Hall of Fame. In 2007, McElroy was regional vice president for NAR Region 11 (Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming). For his work promoting the need for affordable housing, McElroy was named a “Hometown Hero.”

2023 First Vice President

Kevin M. Sears, AHWD, C2EX, a broker and partner with Sears Real Estate in Springfield, Mass., was elected 2023 first vice president of NAR, putting Sears on the ladder to serve as NAR president in 2025.

Sears, who ran against Daryl L. Braham, CRB, GRI, C2EX, of Fargo, N.D., received 631 votes of the 942 votes cast. His service to NAR spans 20 years, including terms as regional vice president in 2016, vice president of government affairs in 2017, and president’s liaison in 2019. He was president of the Massachusetts Association of REALTORS® in 2010 and state REALTOR® of the Year in 2006.

2023–2024 Treasurer

Gregory J. Hrabcak, CCIM, C2EX, was elected to serve as 2023–2024 NAR treasurer. Hrabcak is a commercial specialist with HER, REALTORS®, in Westerville, Ohio, and heads the Central Ohio company’s commercial and property management divisions. His service to NAR spans 15 years. He served as regional vice president in 2020 and has been a member of the NAR Finance Committee since 2015, the year he served as president of Ohio REALTORS®.

The 2023 Leadership Team

President Kenny Parcell, ABR, CRS, AHWD, C2EX, Salem, Utah

President-elect Tracy Kasper, CIPS, CRS, GRI, AHWD, SFR, C2EX, Eagle, Idaho

First Vice President Kevin Sears, AHWD, C2EX, of Springfield, Mass.

Immediate Past President Leslie Rouda Smith, ABR, AHWD, CIPS, CRB, CRS, EPRO, PMN, C2EX, Plano, Texas

Treasurer Gregory J. Hrabcak, CCIM, C2EX, of Westerville, Ohio

CEO Bob Goldberg, EPRO

Regional Vice Presidents

Region 1: Joanne Breen, AHWD, GRI, C2EX, Newington, Conn.

Region 2: Ilene Horowitz, AHWD, C2EX, Rockaway, N.J.

Region 3: Gail Renulfi, AHWD, C2EX, Hockessin, Del.

Region 4: Amy Hedgecock, AHWD, CPM, GRI, C2EX, High Point, N.C.

Region 5: Eric Sain, AHWD, GRI, C2EX, Palm Beach Gardens, Fla.

Region 6: Gary Reggish, SFR, CRS, C2EX, Novi, Mich.

Region 7: Ed Neaves, AHWD, C2EX, Bloomington, Ill.

Region 8: Patty Zuzek, SFR, CRS, SRES, Burnsville, Minn.

Region 9: Steve LaRue, AHWD, CRS, C2EX, Lawrence, Kan.

Region 10: Cindi Bulla, AHWD, GRI, C2EX, Amarillo, Texas

Region 11: Kevin Sigstad, CCIM, CPM, Reno, Nev.

Region 12: Connie Fogle, AHWD, SFR, CRS, GRI, C2EX, Sugar City, Idaho

Region 13: Geoff McIntosh, C2EX, Rancho Mirage, Calif.

©National Association of REALTORS
®Reprinted with permission

Use this risk management strategy, especially if you’re using any third-party content on your website or business materials.

Copyright claims are growing in the real estate industry, and many cases end in a judgment against the agent or brokerage accused of violations. Your website or business materials may put you at greater risk for litigation than you think. 3:24

You could be held liable for copyright infringement even for photos from the MLS that are provided by a third party but appear on your website through an IDX display. Having a risk management strategy in place can help protect you and your business, says Chloe Hecht, senior counsel at the National Association of REALTORS®, in NAR’s latest “Window to the Law” video.

The Digital Millennium Copyright Act, or DMCA, which was passed in 1998, may offer some protections when posting third-party content—but it’s not a foolproof defense. The DMCA is a federal law that provides a “safe harbor” to avoid some copyright infringement claims, but certain procedures must be met.

Hecht highlights some of those steps in the video, including:

• Designate a copyright agent. This person will be responsible for receiving any takedown notices in case of copyright claims and will need to be listed as a contact and copyright owner on your website, along with their contact information. Also, register the copyright agent with the Copyright Office.
• Comply with the DMCA’s takedown procedure. After receiving any takedown notice due to a copyright allegation, promptly remove the content in question. Then, notify the person filing the complaint of its removal. “If the alleged infringer submits a counternotice, provide a copy of that counternotice to the copyright owner and state that the allegedly infringing content will be restored in 10 business days unless the copyright owner initiates a lawsuit,” Hecht says in the video. “Absent such a lawsuit, you may restore the content to your website.”
• Include a notice at your site. Inform website users of your copyright policy and include it within your website’s terms of use. View an example under the “Digital Millennium Copyright Act (DMCA)” section at nar.realtor/terms-of-use. Also, view the “Termination” section, which informs website users of enforcement for terminating repeat infringers.

Access additional copyright resources at nar.realtor/copyright.

©National Association of REALTORS
®Reprinted with permission

A report highlights housing supply issues and how a multifaceted approach could be key to improving housing equity as well.

The nation’s housing shortage has also fueled a housing inequity problem, Bryan Greene, vice president of policy advocacy for the National Association of REALTORS®, writes in an essay included in a new report, “Housing Underproduction in the U.S.”(link is external) To close the widening racial gap in ownership, housing’s underproduction must be widely addressed, he notes.

And that problem is only worsening: The Up for Growth report puts a new number on the nation’s housing shortage—3.8 million homes, more than double where it stood in 2012. The deepening inventory crisis is widening in scope, affecting urban, suburban and rural areas alike and hitting certain minority groups particularly hard, according to the report.

“Underproduction in this country has many causes,” Greene writes. “Local zoning and land-use restrictions have, for decades, proved to be one of the greatest barriers to housing construction, affordable housing and diverse communities.”

The report notes long historical racial inequities in access to housing, such as from past discriminatory government grants and programs, widespread exclusionary zoning policies originally designed with racial segregation in mind, racially restrictive covenants written into home deeds from the 1910s to the 1940s, redlining practices that limited access to capital investments to prospective homeowners of color, and urban renewal projects that caused displacement and gentrification. These have led to a widening racial wealth gap that has stretched over generations and has made it more difficult for families of color to qualify for loans and afford homeownership, according to the report. The gap between Black and White homeownership rates has widened over recent years. These historic and systemic constraints combined with housing underproduction and high prices make homeownership even less attainable for buyers of color, the report notes.

‘Double Trouble’

In a report released earlier this year, NAR called record-high home prices and record-low housing inventories “double trouble” for real estate, particularly for Black Americans. The report found that about half of the homes for sale would require a household income of $100,000 or more to purchase. That has placed homeownership increasingly out of reach for a number of households: 50% of Asians, 65% of Whites, 75% of Hispanics and 80% of Blacks do not earn enough income to buy these homes, the report notes.

Where to Go From Here

Housing supply and housing equity can be addressed on multiple fronts such as by expanding the types of housing available for greater income levels and a broadening focus on land use. Greene points to zoning reforms, investments in new construction, expansion of financing, and tax incentives that prompt investment in housing and convert unused commercial space to residential spaces. NAR continues to advocate for incentives in the tax code to promote zoning and land-use changes, such as tax credits or other support to communities that ease zoning rules that had been limiting the supply of homes, like minimum lot sizes and bans on multifamily housing. Such policies can not only help ease housing shortages but ultimately help expand housing opportunities to more people, Greene writes.

“For more than a half-century we’ve witnessed how land-use decisions can limit housing development, affordability and equity,” Greene notes. “We cannot stand by and lament this lack of progress. Now, it is time to act.”

©National Association of REALTORS
®Reprinted with permission

As a listing agent, am I required to disclose that I already have offers on the property to any agent who wants to show my listing or any buyer who wants to see my listing?

The ethical course depends on two factors: First, has the agent or prospective buyer asked if there are offers on the property? And second, has the seller given you approval to make that disclosure?

Ask sellers upfront how they’d like you to respond to such an inquiry from a buyer or cooperating broker. If sellers haven’t given you approval to disclose, you have to respond that the sellers don’t want the presence of other offers disclosed but you would be happy to present any offer.

This is an important conversation to have with sellers at the time of listing, especially if multiple offers are typical in the market. That way you will be able to respond promptly and appropriately.

Article 1, Standard of Practice 1-15 states:

“REALTORS®, in response to inquiries from buyers or cooperating brokers shall, with the sellers’ approval, disclose the existence of offers on the property. Where disclosure is authorized, REALTORS® shall also disclose, IF ASKED, whether offers were obtained by the listing licensee, another licensee in the listing firm, or by a cooperating broker.”

(Adopted 1/03, Amended 1/09)

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®Reprinted with permission

Love letter ban ruled unconstitutional, but risks remain if buyers submit them.

“Buyer love letters” gained popularity a couple of decades ago as a tool for competing in a hot market. Buyers hope their letter, a personal and emotional appeal to the seller, will help their offer stand out. But in recent years, attorneys have urged caution in the use of such letters, saying the information in them could be used to discriminate. When one state took action to stop the use of love letters, a broker protested—and won.

The Case: In 2021, the Oregon legislature banned buyer love letters in the state, noting the practice could lead sellers to deny or choose an offer based on race, religion, gender or other protected classes, which would violate federal fair housing laws. It was the first such prohibition in the United States. Total Real Estate Group, an Oregon brokerage, sued the real estate commissioner, Steve Strode, and attorney general, Ellen Rosenblum, over the ban.

The Ruling: In March, a federal judge ruled in favor of the broker age, saying the Oregon ban violated the First Amendment. As a result, the state’s real estate commissioner agreed to stop enforcing the statute. 

Although the court agreed with letters, saying the information in the defendants that love letters could perpetuate implicit bias and racial disparities in homeownership, it noted the letters contain a significant amount of “innocuous information,” such as compliments on a home’s style or a shared love of gardening. The court also said there are other ways to combat housing discrimination, such as greater enforcement of existing fair housing laws and requiring a fair housing disclosure in transactions—alternatives that don’t overly restrict “otherwise lawful speech.” Ruling on the First Amendment argument, the judge cited a previous circuit court case that said, “It is always in the public interest to prevent the violation of a party’s constitutional rights.”

Best Practices: NAR continues to recommend that you advise buyers and sellers about the potential risk of using love letters and avoid sharing information that could be used to discriminate. Sellers should evaluate offers using objective criteria, such as price, timing and contingencies. In addition, brokers should provide fair housing training to agents and employees. View NAR training programs here.

What’s Next: Although the Oregon ban has been struck down, legislators in other states have floated similar statutes. A Rhode Island bill is being held for further study, and some Washington state lawmakers are considering reintroducing a stalled bill on the issue.

©National Association of REALTORS
®Reprinted with permission