NAR - reacts to risk on policing 100% of language used by Realtors.

The National Association of REALTORS® (NAR) has recently made significant updates to its hate speech policy as part of its Code of Ethics, specifically addressing Standard of Practice 10-5 and Professional Standards Policy Statement 29. These changes were ratified by the NAR Board of Directors during the Midyear Legislative Meetings in Washington, D.C. on June 5, 2025. Here are the key updates:

1. Narrowed Scope of Enforcement:
   • The Code of Ethics, including Standard of Practice 10-5, now applies only to REALTORS® when they are operating in their professional capacity, such as in real estate-related activities or business contexts. Previously, the policy extended to all activities, professional or personal.
   • While REALTORS® are still encouraged to uphold the Code’s principles in all aspects of their lives, disciplinary action will only be taken for violations occurring in a professional or business setting.
2. Removal of Specific Language:
   • The terms “harassing speech, hate speech, epithets, or slurs” have been removed from Standard of Practice 10-5. Instead, the updated language now states that REALTORS® “shall not harass” based on protected characteristics, such as race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity.
3. Definition of Harassment:
   • A more specific definition of “harassment” has been introduced, aligning with the NAR Member Code of Conduct. It is defined as “unwelcome behavior directed at an individual or group based on one or more of the above protected characteristics where the purpose or effect of the behavior is to create a hostile, abusive, intimidating environment which adversely affects their ability to access equal professional services or employment opportunity.”
4. Purpose of Changes:
   • These amendments aim to address legal risks and reduce uncertainty in enforcement, responding to feedback and legal challenges since the policy’s introduction in 2020. The changes clarify the interpretation and application of the Code to minimize liability for state and local associations and their volunteer leadership.
   • NAR President Kevin Sears emphasized that these updates are not a response to external political pressures, such as the Trump administration’s stance on diversity, equity, and inclusion (DEI), but rather a proactive effort to mitigate legal risk for the organization.
5. Context and Background:
   • The original hate speech policy, enacted in November 2020, prohibited REALTORS® from using “harassing speech, hate speech, epithets, or slurs” based on protected classes, applying to all activities, not just real estate-related ones.
   • Since 2020, the policy faced criticism and legal challenges in states like Arizona and Montana, with concerns about overbreadth and potential threats to members’ ability to earn a living. The 2025 updates address these concerns by refining the scope and definitions.

These changes were proposed by the NAR Professional Standards Committee and approved by the Board of Directors on June 5, 2025, following discussions that began in 2023. For more details, you can refer to NAR’s official resources or coverage from real estate publications like Inman and RISMedia.

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