NAR’s Speech Code Was Enacted To Protect Realtors. Why Kill It Now?

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On the heels of President-elect Trump’s 2024 win, The Notorious ROB Rob Hahn released a blog post on Nov. 7, calling for the National Association of Realtors (NAR) to repeal Standard of Practice 10-5. Hahn asserts that in the “new world” the American people are living in, NAR’s leadership team needs to move quickly with the new political climate.

The problem is that Standard of Practice 10-5 prohibits Realtors from using harassing speech, hate speech, epithets or slurs based on the protected classes — race, color, religion, sex, handicap, familial status, national origin, sexual orientation or gender identity.

The rule was enacted in 2020 after Realtors engaged on social media and in public with hateful speech that was harmful to the Realtor brand and could be interpreted as fair housing violations. Language was especially inflammatory around Black Lives Matter, LGBTQ+ issues, and personal choice around COVID-19 vaccination and masking protocols.

Just to be clear, no one at the NAR has suggested repealing 10-5. As a proponent of free speech, however, I have to use my voice to disagree very loudly with Hahn on this one. The ethics code is there to put a lid on unprofessional behavior, prevent hate speech and ensure the Realtor legacy, not to punish or put a muzzle on agents.

With all the trust issues stemming from the commission suits and the public’s general perception of real estate agents, why would we lower the bar on professional standards that attempt to ensure civility with the public?

Let’s take a look at how we got here, how freedom of speech and ethical conduct can coexist, and why NAR should never consider removing 10-5. 

How we got here 

Standard of Practice 10-5 prohibits Realtors from using harassing speech, hate speech, epithets or slurs based on the protected classes of Article 10. Statement of Professional Standards Policy 29 provides that Realtors are subject to disciplinary action with respect to all of their activities, except in those circumstances in which the Code of Ethics only applies to real estate-related activities by virtue of its Articles or Standards of Practice.

In 2020, agents were following different quarantines, showing instructions and protocols as mandated by their locales during the pandemic, and some Realtors became keyboard warriors and the worst kind of internet trolls. This was also the height of the Black Lives Matter, “defund the police” days, after George Floyd and others were killed by police officers in 2020.

Needless to say, tensions were high. But it was shocking for many agents to see how their colleagues truly felt about protected and vulnerable groups while exercising their right to free speech.

The housing industry is no stranger to discrimination and has a long, troubled track record when it comes to ensuring that all applicants for rentals and homeownership receive the same treatment and opportunities. This was brought to the forefront in 2019 with Newsday’s historic investigative report in Long Island, New York, which found that real estate professionals were actively participating in racist, discriminatory and otherwise problematic behaviors.

With so many Realtors posting hate speech, NAR had to take a stand to uphold its Code of Ethics and make sure that, if the public chose to work with a Realtor, they were getting a professionally trained individual who could leave their personal beliefs out of the process of helping them find a home.

A Realtor is supposed to be someone the public can trust to advocate for them, not someone they have to worry is judging them or even wishing them harm.

Despite the rules, many agents are still being trolls and haters without any repercussions based on how NAR’s Instagram pride graphic was received this year. The homophobia and transphobia ran rampant in the 900-plus comments before the post was removed.

Free speech and ethical standards can — and should — simultaneously exist

Hahn has been talking about this issue since 2020 when the standard went into effect. He and many others feel that NAR is overreaching and that conservative individuals are unfairly being singled out.

In his recent blog post, Hahn gave examples of both Brandon Huber, a Christian pastor whose church chose to stop participating in a local food bank after finding an LGBTQ “Pride” insert in one of the free lunches distributed to children, and Leigh Brown, a popular NAR ethics trainer and influencer, who was taken out of the running for NAR President following an investigation that revealed she had posted social media messages that violated Standard of Practice 10-5.

As American citizens, agents have the right to practice free speech and exercise their religious beliefs.

At the same time, NAR’s ethics committee rules say that exercising those personal rights could subject Realtors to an investigation and potential discipline if that Realtor’s actions are against protected classes.

Huber had the right to stop supporting the Missoula Food Bank based on his religious beliefs. But NAR’s rules say that members cannot use religion to excuse disparaging or discriminatory behavior. Huber’s was the first big case to go up against the newly enacted standard, and it drew a lot of attention. He was fined $5,000; suspended from the Missoula Organization of Realtors; and ordered to take diversity, equity and inclusion training before returning to the association.

Aside from Hahn being on his side, Senate Bill 243, aka “Brandon’s law,” was also proposed, sponsored by Sen. Keith Regier, R-Kalispell, to stop NAR from punishing Realtors for their religious views in response. The bill died in the Standing Committee because Montana law says that the association has the right to determine membership and decide on disciplinary actions as a private business.

Where is Huber now? Huber looks to have hung his real estate license at an eXp office in Montana. He is still a pastor, and he is still posting on X.

Huber has the freedom to do what he wants as a citizen, but as a Realtor, there were repercussions for his actions.

When a Realtor’s speech goes too far

Leigh Brown’s story has come up several times before. It’s no secret that Brown has political ambitions; she has run for public office twice as a Republican and lost. Her social media is a meshing of her religious beliefs, her ultra-conservative viewpoints and her real estate business.

As an American, Brown is free to have religious beliefs and vocalize them; as a Realtor, she should incur penalties under the Code of Ethics if she vocalizes views that could be construed as hateful against a protected class.

Brown’s social media posts did keep her from being NAR’s president, but they didn’t stop her from being one of its top ethics trainers.

In his recent post, Hahn points out Brown’s tireless efforts to help those impacted by Hurricane Helene in North Carolina. He says she has single-handedly thrown her whole heart and soul into relief work.

While that is true, Brown also created a video encouraging people to arm themselves for personal protection. This fearmongering rhetoric may have come from good intentions, but it also created issues for government relief workers who were threatened at gunpoint by fearful residents.

Surely, Brown has good intentions and has done many good things for her local and real estate communities, but the meshing of her religious beliefs and her ultra-conservative viewpoints makes some people uncomfortable and has professional consequences.

Keep them separated

Religious beliefs should not give someone free license to discriminate, judge or threaten people who do not share those beliefs, hence why we have 10-5 in the first place.

Hahn claims to be a huge advocate for promoting smart moves in the housing industry, and he’s an expert many real estate agents look to for data and advice. I’m very disappointed he would choose to use his platform to push this issue.

Realtors are supposed to uphold professional standards and hold neutral ground. They have a responsibility to be professional and help consumers while buying or selling their largest asset. When you work with the public, you should respectfully exercise your freedom of speech to all, but many agents don’t do the right thing. That’s why we have a code of ethics and fair housing laws to begin with.

The code was created to stop hate speech because many agents chose not to exercise thoughtful self-control in managing their online public reputation and said hateful things to and about protected classes.

NAR should never even consider repealing the speech code. Clearly, some Realtors need guardrails to avoid being hateful online and in real life to the consumers they’re professionally bound to advocate for and protect. As an industry, we need to do better — not waste time repealing protections for consumers, eroding trust and ruining the Realtor brand.

Rachael Hite is a seasoned 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 Rachael on Instagram and Linkedin.