The National Association of Realtors is wading into a new fair housing debate.
On Tuesday, the real estate trade organization responded to a letter from Craig W. Trainor, Assistant Secretary for Fair Housing and Equal Opportunity at the Department of Housing and Urban Development (HUD), and a statement from HUD Secretary Scott Turner addressing how crime statistics and school ratings are communicated to consumers. NAR’s response noted that it agrees “consumers seeking information about neighborhood schools and crime should have access to accurate and complete data during their home search.”
The question at issue appears to be where that data should come from.
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From HUD’s point of view, currently, “sharing crime and school data is wrongly equated with racial discrimination,” undermining fair housing. The department cites guidance from NAR, including an article titled “Is this a safe neighborhood? Don’t answer that.”
“Contrary to publicly available materials from industry leaders on steering, real estate agents and brokers do not violate the Fair Housing Act merely by discussing with prospective homebuyers or renters the prevalence of crime or the quality of schools in neighborhoods,” the letter said.
In his statement, Turner also criticized Biden-era policies as “an effort to implement diversity, equity, and inclusion (DEI) ideology.”
In its response, NAR points to its Code of Ethics and Standards of Practice, which explicitly allows “members to share neighborhood demographic information, as long as it is not racial, ethnic, or religious.”
“Since the 1980s, NAR guidance has encouraged members to share objective, factual information about schools and crime, provided by a reliable third-party source,” the trade group wrote in a statement. “At the same time, NAR has advised caution about the way these topics are discussed. Subjective commentary, personal opinions, or hearsay about schools or crime have been cited as evidence of discriminatory intent and intentional steering in numerous fair housing enforcement cases.”
NAR said in the statement that its guidance on these topics has been “consistent for decades,” and cites handbooks, manuals and case law including:
- Passwords and Prejudice: A Realtors Guide to Fair Housing Compliance (1988)
- Fair Housing for All VAMA Handbook (1992)
- Fair Housing Handbook: Shared Neighborhoods, Equal Opportunities, Fifth Edition(2010)
- The Real Estate Sales Pocket Guide (2016)
“As the leading voice for real estate professionals, the National Association of Realtors brings deep expertise in fair housing and its application in practice every day,” the statement concluded. “NAR will continue to review HUD’s letter and its implications for our members and the consumers they serve. NAR appreciates the opportunity to further engage HUD and other stakeholders to ensure clear guidance that supports both compliance and the ability of Realtors to effectively serve clients in every ZIP code across the country.”
