Your resource for all things Real Estate. Including Legal, Agent & Broker, and Property Rights Issues.
Resources and updates on NAR’s settlement agreement related to broker commissions.
Whether you’re a new agent or an experienced broker you have access to a wide array of resources designed to help you succeed in today's market.
Including home buying and selling, commercial, international, NAR member information, and technology. Use the data to improve your business through knowledge of the latest trends and statistics.
Get the latest top line research, news, and popular reports. National, regional, and metro-market level housing statistics where data is available. Research on a wide range of topics of interest to real estate practitioners. Access recent presentations from NAR economists and researchers. Affordability, economic, and buyer & seller profile data for areas in which you live and work. Analysis of commercial market sectors and commercial-focused issues and trends. Representing Your Industry
Now more than ever, it is critical for REALTORS® across America to come together and speak with one voice.
Advancing Your Career
NAR and its affiliated Institutes, Societies, and Councils offer a wide selection of real estate training options.
Continuing education and specialty knowledge can help boost your salary and client base. Fulfill your COE training requirement with free courses for new and existing members. Meet the continuing education (CE) requirement in state(s) where you hold a license.Acknowledging experience and expertise in various real estate specialties, awarded by NAR and its affiliates.
Offering research services and thousands of print and digital resources. Empowers REALTORS® to evaluate, enhance and showcase their highest levels of professionalism. Academic opportunities for certificates, associates, bachelor’s, and master’s degrees. News & Events
Stay current on industry issues with daily news from NAR. Network with other professionals, attend a seminar, and keep up with industry trends through events hosted by NAR.
Official news releases from NAR. Advancing best practices, bringing insight to trends, and providing timely decision-making tools. Commentary from NAR experts on technology, staging, placemaking, and real estate trends. Stay informed on the most important real estate business news and business specialty updates.
America's largest trade association, representing 1.5 million+ members, including NAR's institutes, societies, and councils, involved in all aspects of the residential and commercial real estate industries.
Your resource for all things Real Estate. Including Legal, Agent & Broker, and Property Rights Issues.
Real Estate Topics Resources and updates on NAR’s settlement agreement related to broker commissions. MembershipWhether you’re a new agent or an experienced broker you have access to a wide array of resources designed to help you succeed in today's market.
Providing Membership Value Bringing you savings and unique offers on products and services just for REALTORS®. Complete listing of state and local associations, MLSs, members, and more. As a member, you are the voice for NAR – it is your association and it exists to help you succeed. Only members of NAR can call themselves a REALTOR®. Learn how to properly use the logo and terms. Review your membership preferences and Code of Ethics training status. Research & StatisticsIncluding home buying and selling, commercial, international, NAR member information, and technology. Use the data to improve your business through knowledge of the latest trends and statistics.
Market Behavior Get the latest top line research, news, and popular reports. National, regional, and metro-market level housing statistics where data is available. Research on a wide range of topics of interest to real estate practitioners. Access recent presentations from NAR economists and researchers. Affordability, economic, and buyer & seller profile data for areas in which you live and work. Analysis of commercial market sectors and commercial-focused issues and trends. NAR is widely considered one of the most effective advocacy organizations in the country. Representing Your Industry From its building located steps away from the U.S. Capitol, NAR advocates for you. Promoting the election of pro-REALTOR® candidates across the United States. Resources to foster and harness the grassroots strength of the REALTOR® Party. A powerful alliance working to protect and promote homeownership and property investment.Now more than ever, it is critical for REALTORS® across America to come together and speak with one voice.
NAR and its affiliated Institutes, Societies, and Councils offer a wide selection of real estate training options.
Advancing Your Career Continuing education and specialty knowledge can help boost your salary and client base. Fulfill your COE training requirement with free courses for new and existing members. Meet the continuing education (CE) requirement in state(s) where you hold a license.Acknowledging experience and expertise in various real estate specialties, awarded by NAR and its affiliates.
Offering research services and thousands of print and digital resources. Empowers REALTORS® to evaluate, enhance and showcase their highest levels of professionalism. Academic opportunities for certificates, associates, bachelor’s, and master’s degrees. News & EventsStay current on industry issues with daily news from NAR. Network with other professionals, attend a seminar, and keep up with industry trends through events hosted by NAR.
News & Events Official news releases from NAR. Advancing best practices, bringing insight to trends, and providing timely decision-making tools. Commentary from NAR experts on technology, staging, placemaking, and real estate trends. Stay informed on the most important real estate business news and business specialty updates.America's largest trade association, representing 1.5 million+ members, including NAR's institutes, societies, and councils, involved in all aspects of the residential and commercial real estate industries.
Who We Are National, state & local leadership, staff directories, leadership opportunities, and more. Founded as the National Association of Real Estate Exchanges in 1908. NAR’s operating values, long-term goals, and DEI strategic plan. Code of Ethics, NAR's Constitution & Bylaws, and model bylaws for state & local associations. Member recognition and special funding, including the REALTORS® Relief Foundation. Browse by Section
NAR opposes discrimination in housing based on race, color, religion, sex, handicap, familial status, sexual orientation, gender identity, and national origin. This policy is embodied in NAR's Code of Ethics. NAR also authorizes sanctions in response to a finding that a member has violated any fair housing law, including local and state laws that prohibit discrimination based on sexual orientation or gender identity. NAR policy is to support equal opportunity on the basis of sexual orientation and gender identity and the NAR Code of Ethics was amended in 2010 and 2013, to include this updated policy in the Code of Ethics.
On November 13, 2020, NAR's Board of Directors strengthened REALTORS®’ commitment to upholding fair housing ideals, approving a series of recommendations from NAR’s Professional Standards Committee that extend the application of Article 10 of the Code of Ethics to discriminatory speech and conduct outside of members’ real estate practices.
In February 2021, the U.S. Department of Housing and Urban Development (HUD) announced that it will enforce the sex discrimination provision of the Fair Housing Act to prohibit discrimination based on sexual orientation and gender identity. NAR applauds this move by HUD to effectively expand civil rights protections to LGBTQ Americans seeking housing and housing-related services.
Now available FREE for Members!
Report Housing DiscriminationFind out how to report housing discrimination to the Office of Fair Housing and Equal Opportunity (FHEO) at HUD.
Fair Housing CornerLegal updates including tips and information to provide equal professional services for all, in compliance with the Fair Housing Act.
Fair HousingREALTORS® are charged with upholding fair housing laws as well as offering professional service to all in their search for real property.
Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing related transactions, because of race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, and disability.
In "Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions", the U.S. Department of Housing and Urban Development ("HUD") urges housing providers to exercise caution when implementing criminal history policies or practices used to make housing decisions.
The Fair Housing Act generally prohibits five different types of discrimination in the sale and rental of housing:
In addition to prohibiting specific practices involving the sale or rental of dwellings, the Fair Housing Act also prohibits redlining, including discrimination in financing and insuring of housing, as well as discrimination in access to other services, organizations, or facilities that relate to the business of selling or renting dwellings. To learn more about how real estate professionals can comply with the Fair Housing Act, download this free chapter of Real Estate Brokerage Essentials.
Noncompliance with fair housing laws is a risk that responsible real estate professionals simply cannot assume as a cost of doing business. A person who believes they are a victim of a discriminatory housing practice may bring an action directly in federal court and recover actual and punitive damages, as well as reasonable attorney fees and costs. In addition, an aggrieved person may file a complaint with HUD, which may bring an administrative proceeding against the respondent. As of April 15, 2021, a person may be assessed a civil penalty of up to $21,663 for their first violation of the Fair Housing Act. The maximum penalty increases to $54,157 for a person who violated the Fair Housing Act in the previous five years, and violating the Fair Housing Act two or more times in the previous seven years brings a maximum fine of $108,315. Monetary damages, attorney fees and costs, and civil penalties are in addition to the significant reputational damage that a real estate professional can suffer for engaging in discriminatory practices.
NAR offers a myriad of resources, including the Fairhaven simulation training, specific tips for avoiding discriminatory practices, and a collection of articles, websites and more.
With disparate impact, it is possible that making housing decisions based on an applicant’s criminal background may violate the Fair Housing Act
HUD's guidance comes on the heels of the Supreme Court's 2015 decision, which held disparate impact claims are cognizable under the Fair Housing Act. 1 While persons with criminal records are not a protected class under the Act, HUD stresses that criminal history-based barriers to housing have a statistically disproportionate impact on minorities, which are a protected class under the Act, and as such, creating arbitrary or blanket criminal-based policies or restrictions could violate the Fair Housing Act ("FHA" or "Act"). To be clear, HUD's guidance does not preclude housing providers from crafting criminal history-based policies or practices, but the guidance makes evident that housing providers should create thoughtful policies and practices that are tailored to serve a substantial, legitimate, and nondiscriminatory interest of the housing provider, such as resident safety or the protection of property.
HUD includes context for its guidance, and offers statistical evidence that the United States minority population experiences arrest and incarceration at rates disproportionate to their share of their population. For instance, HUD asserts that in 2014, African Americans were incarcerated at a rate nearly three times their proportion of the general population.
In the context of criminal history policies or practices, disparate impact liability is determined using a burden-shifting framework that first requires a plaintiff or HUD to prove that the criminal history policy or practice has a discriminatory effect, meaning the policy or practice results in a disparate impact on a group of persons because of their race, national origin or other protected characteristic under the Act. In this step of the process, evidence must be provided that demonstrates that the criminal history policy or practice actually or predictably results in a disparate impact. If successful, the burden then shifts to the housing provider to show that the policy or practice in question is justified. Here, the housing provider must show that the policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest of the housing provider, and further, that the policy or practice actually achieves that interest. Finally, if a housing provider is successful, the burden shifts back to the Plaintiff or HUD to prove that the housing provider's interest could be served by another practice that has a less discriminatory effect.
The determination of whether a criminal history-based policy or practice has a disparate impact in violation of the Act is ultimately a fact and case-specific inquiry. However, HUD's guidance provides insight into how to create a legally defensible policy that does not violate or frustrate the FHA's prohibition on the discrimination in the sale, rental or financing of dwellings or in other housing-related activities. We recommend review of HUD's guidance, but have distilled that guidance to assist in reviewing existing criminal history-based policies or practices or in the creation of a new one.
2 42 U.S.C. 3607(b)(4).
