NAR shifts focus of controversial hate speech rule 

After a lengthy and heartfelt stream of comments from members, the NAR Board of Directors voted on June 5 to narrow the focus of its anti-harassment and anti-hate speech standard to conduct that occurs when Realtors are acting in a professional capacity.

The move, characterized by some as a step backward for the organization, was a necessity in the face of "some pretty unpleasant legal liabilities," said Matt Difanis, an Illinois-based broker-owner and longtime advocate for diversity, equity and inclusion. The code was also subject to potential legislation in Texas (now off the table).

A closer look at what's changing: The standard previously prohibited "harassing speech, hate speech, epithets, or slurs." 

The updated version, effective immediately upon approval, prohibits Realtors from harassing any person based on protected characteristics such as race, sex, religion, disability, national origin, sexual orientation, or gender identity — but only when they're on the job or engaging in real estate-related activities.

It also adds a clear definition of harassment: Unwelcome behavior that creates a hostile, abusive, or intimidating environment that adversely affects access to services or employment opportunities.

What supporters had to say: "This isn't a capitulation," Difanis told the 1,000-plus directors meeting in Washington, D.C. "This isn't buckling under the weight of organized anti-wokeism or any of the other terrifying things that I know are really truly hurting our Black and Brown and LGBTQ plus members and anyone else that's from a historically marginalized group."

Difanis was a member of the group that originally developed the hate speech rules, known as Standard 10-5, and said this change constitutes "an update to the letter but not the spirit of 10-5 and is very much in keeping with the wishes of those of us who crafted the language in the first place."

Arguments against the change: North Carolina-based Realtor Christine Asbury was one of several speakers who said they considered the original approval of 10-5 and accompanying policy statement 29 to be one of their proudest moments as a Realtor.

"Now this proposal wants us to rewind that progress and say 'Relax, it only counts if you're on the job,'" she said. And the change takes effect immediately, she noted, which creates a system where the local associations dealing with complaints are going to be operating under a "half-baked system."

The leaders on the front lines of this change will have to decide "if a social media post adversely affected someone's access to Realtor services which is a subjective call … or if a comment at a community meeting while wearing a Realtor pin counts as real-estate related," Asbury said.

Will NAR spell out violations 'in writing'? Butch Lieber, a Realtor from Arizona, said he wanted to "see it in writing" that if someone has the Realtor brand on their Facebook page — alongside hate speech — that it would be treated as a violation.

NAR Senior Counsel Matt Troiani's response: Ethics violations are based on the articles in the code, not the standards of practice per se. "Article 10 speaks to prohibiting the denial of equal professional services," so the new language was recommended "to ensure that the standard of practice is clearer but also more sustainable and defensible as far as enforcement goes."