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Following President-elect Trump’s victory in 2024, notorious ROB Rob Hahn published a blog post on November 7th calling on the National Association of Realtors (NAR) to abolish the 10-5 standard. Ta. Hahn argues that in the “new world” in which Americans live, NAR’s leadership team must respond quickly to the new political climate.
The problem is that Code of Practice 10-5 prohibits real estate agents from expressing harassment or hate based on protected subjects such as race, color, religion, gender, disability, family status, national origin, sexual orientation, or gender identity. It is prohibited to use speech, adjectives, or slurs. .
The rule was enacted in 2020 after real estate agents made hate speech on social media and in public spaces that was harmful to the real estate agent brand and could be construed as a fair housing violation. It was done. In particular, language around Black Lives Matter, LGBTQ+ issues, and personal choices regarding COVID-19 vaccination and mask protocols was inflammatory.
Just to be clear, no one at NAR has proposed abolishing 10-5. But as a supporter of free speech, I have to vocally disagree with Hahn on this point. Codes of Ethics exist to cover unprofessional conduct, prevent hate speech, and secure the legacy of real estate agents; they exist to punish and muzzle real estate agents. Not.
With all the trust issues stemming from commission lawsuits and the public’s general perception of real estate agents, why lower standards of professional standards to try to ensure civility with the public? Or?
See how we got here, how free speech and ethical conduct can coexist, and why NAR shouldn’t consider removing 10-5. Let’s.
How we got here
Standard of Practice 10-5 prohibits real estate agents from using harassing speech, hate speech, epithets, or defamation under Article 10 protections. Professional Standards Policy Statement 29 provides that real estate agents are subject to disciplinary action for all of their activities. unless the Code of Ethics applies only to real estate-related activities by virtue of its Articles of Incorporation or Code of Practice.
In 2020, real estate agents followed various quarantine measures and locally mandated instructions and procedures during the pandemic, and some real estate agents became keyboard warriors and internet trolls of the worst kind. This period was also the time when the Black Lives Matter and defund the police movements reached their peak after George Floyd and others were killed by police officers in 2020.
Needless to say, I was excited. However, it was shocking for many staff members to learn how their colleagues actually felt about protected and vulnerable groups while exercising their right to freedom of expression.
The housing industry is not free from discrimination and has a long and difficult track record in ensuring that all applicants for rental and home ownership receive the same treatment and opportunities. This was brought to the forefront in 2019 with Newsday’s historic investigative report on Long Island, New York, which found that real estate professionals actively participated in racist, discriminatory, and other problematic behavior. It turned out that
With so many real estate agents posting hate speech, NAR must adhere to a code of ethics and professional training that allows the public to disregard personal beliefs if they choose to work with real estate agents. We had to take a position to make sure that the person who received it. The process of helping them find a home.
Real estate agents should be people the public can trust to represent them, not people they have to worry about criticizing them or wishing them harm.
Despite the rules, many agents are still receiving trolls and haters based on how NAR’s Instagram Pride graphic was received this year, with no repercussions. More than 900 comments were rife with homophobia and transphobia before the post was removed.
Freedom of speech and ethical standards can and should exist together.
Hahn has been talking about this issue since 2020, when the standard went into effect. He and many others feel that the NAR goes too far and unfairly singles out conservative individuals.
In a recent blog post, Hahn wrote that the church chose to stop participating in a local food bank after finding the word LGBTQ “pride” on one of the free lunches handed out to children. He cited Christian pastors Brandon Huber and Lee Brown as examples. NAR’s popular ethics trainer and influencer was removed from the running for NAR president after an investigation revealed she posted social media messages that violated Standard of Practice 10-5.
As American citizens, agents have the right to exercise free speech and practice their religious beliefs.
At the same time, NAR’s Ethics Committee Rules state that exercising these personal rights can subject a real estate agent to investigation and disciplinary action if the agent’s conduct is contrary to a protected class. There is.
Huber had the right to withdraw support from the Missoula Food Bank based on his religious beliefs. But NAR rules state that members cannot use religion as an excuse for derogatory or discriminatory behavior. Huber’s case was the first large-scale case to violate the new standards, and it attracted a lot of attention. He was fined $5,000. Suspension from Missoula Realtors Organization. He was also ordered to undergo diversity, equity and inclusion training before returning to the association.
Aside from Hahn being an ally, Senate Bill 243, also known as “Brandon’s Law,” also is sponsored by Sen. Keith Regill (R-Kalispell) and would allow the NAR to punish real estate agents for their religious views. proposed to prevent this. The bill failed in the standing committee because under Montana law, the association, as a private company, has the right to determine membership and determine disciplinary actions.
Where is Huber now? Huber apparently left his real estate license hanging at a real estate appraiser’s office in Montana. He is still a pastor and continues to post on X.
Mr. Huber has the freedom to do what he wants as a private citizen, but as a real estate agent his actions had repercussions.
When the real estate agent goes too far
Lee Brown’s story has come up several times before. It is no secret that Brown has political ambitions. She ran unsuccessfully for public office twice as a Republican. Her social media is a combination of her religious beliefs, ultra-conservative views, and real estate business.
As an American, Brown is free to hold and express his religious beliefs. As a real estate agent, if she expressed views that could be interpreted as hatred against a protected class, she should be subject to penalties under the Code of Ethics.
Although Ms. Brown’s social media posts prevented her from becoming NAR president, they did not prevent her from becoming one of NAR’s top ethics trainers.
In a recent post, Hahn noted Brown’s tireless efforts to help those affected by Hurricane Helen in North Carolina. He says she has dedicated her whole heart and soul to relief efforts on her own.
That’s true, but Brown also created a video encouraging people to arm themselves for personal protection. While this fear-mongering rhetoric may have been well-intentioned, it also created problems for government relief workers, who were threatened at gunpoint by frightened residents.
While Brown certainly has good intentions and has done a lot of good for her hometown and the real estate community, her religious beliefs and ultra-conservative views mesh to make some people uncomfortable. and have a professional impact.
Please keep isolated
Religious beliefs should not give someone free license to discriminate, judge, or intimidate those who do not share those beliefs. That’s why it’s 10-5 in the first place.
Hahn claims to be a huge advocate of smart moving in the housing industry and is an expert that many real estate agents turn to for data and advice. It’s very unfortunate that he chose to use his platform to promote this issue.
Real estate agents must adhere to professional standards and remain neutral. As professionals, they are responsible for assisting consumers in buying and selling their largest assets. When working with the public, we must respectfully exercise free speech for everyone, but many agents are not doing the right thing. That’s why we start with a code of ethics and fair housing laws.
This code was created to stop hate speech. This is because many agents did not exercise thoughtful restraint in managing their online public reputations and made hateful statements to and about protected classes.
NAR should never consider repealing the audio provision. Clearly, some real estate agents need guardrails to avoid being harassed online and in real life by the consumers they are professionally obligated to advocate and protect. As an industry, we need to do better and stop wasting time by removing protections for consumers, undermining trust and damaging real estate agent brands.
Rachel Hite is an experienced housing counselor and thought leader in the real estate industry, known for her extensive expertise across business news journalism, retirement housing, and affordable housing initiatives. . Connect with Rachel on Instagram and Linkedin.
