NAR approves new MLS policies to boost local control 

NAR's Multiple Listing Issues and Policies Committee has made four new updates that "reflect our commitment to ensuring MLS policies remain relevant, effective, and responsive to the needs of today's real estate industry," NAR CEO Nykia Wright said in a Nov. 8 statement.

The MLIP Committee, which met at NAR NXT in New Orleans, approved the four policies on Nov. 7 and NAR's Executive Committee provided final approval on Sunday. The meeting was closed to the press, but Real Estate News was able to obtain a recording.

NAR President Kevin Brown touted the policies at the association's board meeting Monday morning, telling the 885 or so directors in attendance that "NAR's role is to support and strengthen, not run, the MLS ecosystem while respecting local governance and operations."

The remarks echoed the theme of last year's MLS Handbook revisions, which NAR said were intended to "promote the MLS's independent decision-making."

Eligibility for MLS data feed services

The first new policy separates MLS participation from data feed access and gives local MLSs greater control over eligibility criteria to receive feeds containing other participants' listings, so long as that criteria is "reasonable, objective, and equally applied" to all participants.

"Should MLS participation automatically entitle someone every type of data feed?" MLS Work Group Co-Chair Chris Krzemien asked at the MLIP Committee meeting. "Our work group concluded that participation and data feed services should be treated separately based on the needs of each local marketplace."

Krzemien noted that "participants would retain their fundamental rights to access MLS and listing content, share it with clients and customers, and receive their own listing content without restrictions on its use. But feeds containing other participants' listings, including IDX, VOW, Broker Back Office, and syndication would become separate services that local MLSs have more discretion over."

The optional policy allows MLSs to recover the costs of providing the feeds, according to Krzemien. "Data feeds have real operating costs, administrative needs, and use of resources, so MLSs should retain the ability to account for them," he said.

MLS data use must be written into agreements 

The second policy aims to tackle unauthorized use of MLS data and specifies that any uses not explicitly permitted by an MLS participation or data license agreement are prohibited. Participants are not restricted from using MLS data within the scope of their license "and in connection with brokerage services, appraisals or other valuations," Krzemien said.

"Importantly, MLSs can incorporate use of data language into their agreements," and the policy is not intended to limit innovation, he added.

One committee member objected to the policy's mandatory nature, arguing that NAR "is basically force-feeding these rules into every MLS across the country."

NAR Associate General Counsel Charlie Lee stressed that the new policy is only "mandatory in that these are already principles that are reflected in MLS policies."

"MLSs have sometimes run into challenges where people have been using MLS data that they perceive as not being authorized or not being permitted by them," Lee explained. "This gives them the ability to point to a policy so that if there is an encounter like that, they can say this is how it's always been and will continue to be."

Protecting content ownership and copyright 

The third new policy is intended to curb "the unauthorized use, scraping and repurposing of MLS content," Michelle Bailey, chair of the MLS Advisory Board, told the MLIP Committee.

To that end, the committee replaced "must" with "should" in policy statement 7.85, Ownership of Listing and Listing Content, which now reads: "Prior to submitting a listing to the MLS, the listing broker must own or have the authority to license all listing content."

The statement also now permits MLSs to adopt a new optional policy requiring a participant "to assign no more than a 50% undivided copyright interest" to the MLS to strengthen copyright enforcement, as long as a participant has the right to opt out.

Ed Zorn, VP and general counsel of California Regional MLS, noted that CRMLS has a similar policy that includes an option for photographers to grant ownership rights in their images, and 192 of more than 600 photographers have opted in.

"Recently, we had an infringement occur," Zorn said. "We sent a DMCA notice based on the ownership from those 192 photographers. It resulted in an immediate resolution, a pull-down of the data and a monetary settlement where we will be sending to those 192 photographers a check for $1,300 each as a thank you for trusting the MLS in the ownership of that content so that we could protect it."

Zorn noted that "you can only file a copyright infringement claim if you have an ownership interest in the content," so permitting the MLS to have a 50% interest "is the most powerful way to protect the content that the brokers contribute."

New requirements for MLS committee members

Starting next year, members applying for a seat on NAR's MLS committee must have 1 to 3 years of experience serving on a multiple listing service committee or board of directors at the local or state association level, "or comparable experience with a related third-party entity."

Applicants should also be familiar with real estate technology, leadership and various MLS training courses and certifications, according to the updated policy. "The rationale really is that as things continue to progress in technology, that those making the decisions have the qualifications to help in making those decisions," Bailey said.

Earlier this year, NAR announced it would also be requiring governance committee applicants to complete an "Expertise Profile" providing more information about their background, association experience and general areas of knowledge. "We want members with the right experience, ideas and leadership to see a clear path to serving," President Brown said at the time.

The full text of the 2026 policy updates can be found here.