Fair housing is more than a list of dos and don’ts, rights and penalties and mandatory continuing education. As stewards of the right to own, use and transfer private property, fair housing protects our livelihood and business as REALTORS® and depends on a free, open market that embraces equal opportunity.

Fair housing is not an option, it is the law. The Federal Fair Housing Act prohibits housing discrimination based on race, religion, sex, national origin, disability, and familial status (protected classes). Californians are further protected from discrimination on the basis of age, marital status, genetic information, sexual orientation, sexual identification, AIDS/HIV, medical condition, political activities and affiliation, military or veteran status, and/or being domestic violence survivors.

What are some common unlawful acts of discrimination? They include:

• Refusing to sell a property because of a person’s protected class.
• Restricting loans or targeting higher cost loans to people based on their protected class or the neighborhood where the home is located.
• Falsely denying that housing is available for inspection, sale, or rental.
• Failing to provide reasonable accommodations to a person with a disability.

Fair housing exists in a community when individuals of similar income have the same range of housing choices regardless of race or color, ancestry or national origin, religion, gender, disability, marital or familial status, sexual orientation, or source of income.

The Fair Housing Acts covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.

REALTORS® recognize the significance of the Fair Housing Act and reconfirm their commitment to upholding fair housing law as well as their commitment to offering equal professional service to all in their search for real property.

The National Association of REALTORS® (NAR) has a “Fair Housing Action Plan” that uses the abbreviation “ACT,” which stands for (A)ccountability, (C)ulture Change and (T)raining. It ensures that America’s 1.4 million REALTORS® are doing everything possible to protect housing rights in America. NAR recommends printing a copy of the “REALTOR® Fair Housing Declaration” and posting it in your office. It can be found here,www.nar.realtor/fair-housing/fair-housing-program/fair-housing-declaration.

The Fair Housing Declaration says:

   I agree to:

• Provide equal professional service without regard to the race, color, religion, gender (sex), disability (handicap), familial status, national origin, sexual orientation or gender identity of any prospective client, customer, or of the residents of any community.
• Keep informed about fair housing law and practices, improving my clients’ and customers’ opportunities and my business.
• Develop advertising that indicates that everyone is welcome and no one is excluded;, expanding my client’s and customer’s opportunities to see, buy, or lease property.
• Inform my clients and customers about their rights and responsibilities under the fair housing laws by providing brochures and other information.
• Document my efforts to provide professional service, which will assist me in becoming a more responsive and successful REALTOR®.
• Refuse to tolerate non-compliance.
• Learn about those who are different from me, and celebrate those differences.
• Take a positive approach to fair housing practices and aspire to follow the spirit as well as the letter of the law.
• Develop and implement fair housing practices for my firm to carry out the spirit of this declaration.

Where and when is Fair Housing discrimination occurring? According to CSA San Diego County, recent examples include:

• A nationwide mortgage lender had systematically charged higher interest rates to Hispanic and African-American borrowers.
• In Virginia Beach, landlords refused to rent to families with three or more children.
• In Connecticut a landlord refused to grant a tenant reasonable accommodation for her assistance dog which helped her with her cerebral palsy, seizure disorder, and depression.

In addition, a three-year investigation by Newsday, a New York newspaper, uncovered widespread evidence of unequal treatment by real estate agents on Long Island, New York. In one of the most concentrated investigations of discrimination by real estate agents in the half century since enactment of America’s landmark fair housing law, Newsday found evidence of widespread separate and unequal treatment of minority potential homebuyers and minority communities on Long Island.

The three-year probe strongly indicates that house hunting in one of the nation’s most segregated suburbs poses substantial risks of discrimination, with black buyers chancing disadvantages almost half the time they enlist brokers. The investigation, published Nov. 17, 2019, involved 25 undercover testers and 93 real estate agents who provided a total of 5,763 listings, as well as 240 hours of secretly-recorded meetings. Unequal treatment was directed toward Asians (19 percent), Hispanics (39 percent), Blacks (49 percent)

Additionally, the investigation reveals that Long Island’s dominant residential brokering firms help solidify racial separations. They frequently directed white customers toward areas with the highest white representations and minority buyers to more integrated neighborhoods. They also avoided business in communities with overwhelmingly minority populations. Fair housing laws bar agents from directing whites to one community and equally qualified blacks, Hispanics or Asians to other places, a practice known as steering.

The newspaper said, “Fair housing standards generally bar agents from talking about the backgrounds of people who live in neighborhoods as a form of verbal racial or ethnic steering. The standards also require agents to provide equal guidance to customers about areas in which they may want to live.

“Agents and brokers bear the responsibility for applying fair housing standards as they act as licensed gatekeepers to housing choices. Industry representatives have contended that proper training is the best way to ensure agents uphold fair housing laws, arguing against more aggressive enforcement through fines, license suspensions or revocations.

“Ultimately, fair housing violations are determined by the courts or enforcement agencies. Authorities may choose to file charges based on egregious conduct in a single case. More generally, they bring legal action after subjecting an agent to several paired tests to establish a pattern and to reduce the likelihood that an agent’s choices were either a fluke or soundly guided by the market at the time.”

The Urban Institute, a nonprofit group, conducted a nationwide study sponsored by the U.S. Department of Housing and Urban Development in 2010. That study involved more than 8,000 tests found real estate agents engaged less frequently than in the past in more explicit forms of discrimination, such as not showing available houses to minority buyers. However, the study also showed that agents placed minority buyers in more integrated neighborhoods at a higher rate than white buyers.

“The issue of discrimination is very subtle,” said Claudia Aranda, a director of field operations for the Urban Institute. “In the absence of treatment that’s more overt, in the absence of particular discriminatory comments, individual home seekers will never have potentially any reason to suspect discrimination.”

For more details about the Newsday study, visit https://projects.newsday.com/long-island/real-estate-agents-investigation.

In order to prevent the appearance of discrimination, CSA San Diego County recommends the following:

• Train all your staff consistently on local, state and federal regulations.
• Standardize your engagement practices.
• Always post the Fair Housing logo prominently on your property.
• Distribute materials and information equally to all interested parties.
• Standardize the process of maintaining wait or interest lists.
• Brief staff daily as to the availability of units.
• Don’t show different units to different prospective applicants.
• Don’t show unclean units to prospective applicants.

PSAR will present a webinar on “Fair Housing Laws and Regulations” from 10 to 11 a.m., Wednesday, July 1. Presenter will be Monica Lopez of CSA San Diego County, a nonprofit that advocates for fair housing and in meditating tenant-landlord issues. CSA services include fair housing counseling, dispute mediation, educational fair housing seminars and rental practice discrimination audits. CSA also is involved with immigrant rights, hate-crime prevention, human trafficking and voter education. The webinar will be presented over the Zoom online meeting platform. Registration information is available at www.psar.org. Zoom membership is not required to participate in the webinar.

Yes, Really!  Marketing Prior to a securing a listing agreement.

The CRMLS Board of Directors made a rules change this week.  The added language is in red below. Read it closely because the change is more significant than it may look at first glance. 

7.9 Mandatory Submission upon Marketing. Within one (1) business day of marketing or advertising a residential property to any member of the public, for sale which contains one to four units, or is a residential vacant land lot which is subject to any exclusive right to sell or seller reserved listing agreement, the Listing Broker must submit the property into the MLS for cooperation with other CRMLS participants. Marketing and advertising includes but is not limited to, any information about the property or its availability for sale displayed on any: signs, websites, social media, brokerage or franchise-operated websites, communications (verbal or written), multi-brokerage or franchise listing sharing networks, flyers or written material, or on any applications available to the public, or by conducting an open house. Any individual or entity that has signed within the previous year a Disclosure Regarding Real Estate Agency Relationship form in compliance with CA Civil Code section 2079.16 that identifies the Listing Broker shall not be considered a “member of the public” under this rule.  

The change is to Rule 7.9, “Mandatory Submission Upon Marketing.” This rule governs listing brokers’ submission of properties into the MLS. The previous version of this rule detailed how within one business day of marketing a property to the public, the listing broker must submit the property into the MLS. 

This new version makes clear that the listing broker must submit a property into the MLS within one day of marketing only if an exclusive listing contract exists.  If there is no contract, agents can talk about the listing that they "may secure."  Agents should use caution when discussing a listing prior to securing a listing contract.  The listing still remains open for a competitor to list with.  

The San Diego Old Paragon doesn't have "Hold" Yet.  Can I market a property when it's "Withdrawn?" 

The answer is YES!  The definition of the Withdrawn status does state that a property cannot be marketed or advertised, while remaining in our "old Paragon" system. But CRMLS will not be enforcing that aspect of the Rule until we actually get the CRMLS "Hold" status that is enjoyed by CRMLS Matrix users. CRMLS will allow marketing and advertising to occur the same as Hold listings in Matrix. A property in the status of "Withdrawn" can be marketed and advertised but cannot be shown.

The Withdrawn status in San Diego Paragon allows you to temporarily remove your listing from an “Active” status, without having to cancel it. This feature will allow you to place your listing in Withdrawn for a specified period of time. Marketing and Advertising as defined in Rule 7.5.1 is permitted. However, no showings are allowed, consistent with Rule 9.8.

To update your listing’s status to Withdrawn, follow the steps below.

Step 1: Navigate to your listings by clicking on the Listings tab and clicking on Maintain Listings.

 

Step 2: Enter the MLS#, then click Go, or, enter the property address, then click Search. In the search results, click on the listing’s MLS# or Select an Action, then click on Maintain Listing.

 

Step 3: Update the status to Withdrawn Then click Save Listing.

 

 

 

Looking for ways to make your client feel safer throughout the buy/sell process?  By this time, most everyone is familiar with virtual meeting applications such as Zoom, Google Meet, Webex and the like.   But they require downloading their software utilities and managing accounts on their systems.

There is an alternative tool with which you may not be aware—zipConsult^®, available within zipForm Plus^®. With zipConsult^®, you can conduct online meetings with your clients to review contracts, conduct virtual tours, go over required paperwork prior to sending documents for signatures, or simply to stay connected.  And the best feature - it’s already in your technology toolbox if you are a San Diego county realtor and a PSAR member!

The great thing about this program is that it resides inside Zipforms Plus^®, so working with documents is easier. And you can host conference calls and meetings with multiple clients in multiple locations at the same time. 

Here are some of the feature/functions of zipConsult:

• Share your screen with clients online and review zipForm transactions: Once the meeting begins simply start screen sharing and display the document you’d like to share – it’s that easy. For further privacy, the screen sharing feature allows you to share only a specific application (program). The rest of your desktop will be hidden from the attendees’ view.

• Meet faster-- invite attendees utilizing saved contacts in your zipForm address book: zipConsult is integrated directly with zipForm Plus, so starting a meeting online is simple and quick. Select clients from the address book with no typing then connect, communicate and review faster than ever.
  
  
• Plan meetings and schedule them in advance: Within the advanced options the Schedule a Meeting option allows you to setup the date, time, and attendees in advanced. Also included in this interface is an email message editor to craft the personal invite that your attendees will receive.
  
  
• Video conferencing allows face to face client meetings online: Add a personal touch to meetings with a webcam. When you share your webcam feed it’s like being there in person. Up to six people can video conference at once
  
  
• Conference calling and text chat keep participants engaged: Your zipConsult account includes a conference call number with PIN codes, so participants can join by phone or computer mic and speakers. Encourage engagement with easy communication via easy conference calling and text chat.
  
  
• Meeting Notes: Keep detailed notes during the meeting for later review or reference. Notes can be kept private or public. Upon the conclusion of the meeting all notes can be emailed to attendees to share the results of the meeting or assigning follow up tasks.
  
  
• Create unlimited online meetings: Feel free to explore the value of meeting with clients online. Review zipForm transactions, review property disclosures, or discuss aspects of the transaction process.

So enhance your clients’ sense of well-being while at the same making your own virtual activities more efficient cost-free!  Just contact CAR to find out how to get started with zipConsult.

Don't want to watch the video?  Check out the slide deck here.

Not sure how  to use this?  Check how Realtor Wes Young used zipConsult on a transaction.

 

Today, May 7th, Governor Newsom released updated industry guidance to begin reopening with modifications that reduce risk and establish a safer environment for workers and customers. This guidance includes, among other things, information pertaining to real estate transactions.  Use these guidelines to responsibly plan and reopen for business.

The California Department of Real Estate advises all licensees to review the newly posted "COVID-19 Industry Guidance for Real Estate Transactions" and "COVID-19 General Checklist for Real Estate Transactions" found in the links below.

The Resilience Roadmap is a plan for modifying the statewide stay at home order to gradually reopen. When modifications are advanced and the state’s six indicators show we’ve made enough progress, we can move to the next stage of the roadmap. We are now moving into Stage 2, where some lower-risk workplaces can gradually open with adaptations.

This Guidance for Real Estate Document  provides guidance for businesses operating in the real estate industry including sales and rentals of single-family, multi-family, apartment, commercial, and industrial properties to support a safe, clean environment for workers.

For workplaces and showing property, it contains:

• Specific plan
• Physical distancing
• Cleaning and disinfecting protocols for workplaces

It also has topics for employee training and individual control measures and screening, 

The COVID-19 General Checklist for Real Estate Transactions
This checklist is intended to help people involved in real estate transactions implement their plan to prevent the spread of COVID-19 in the workplace and is supplemental to the Guidance for Real Estate Transactions. This checklist is a summary and contains shorthand for some parts of the guidance; familiarize yourself with the guidance before using this checklist.

The U.S. House passed legislation Thursday providing a fresh round of funding for coronavirus small-business relief programs championed by the NAR.

Watch Video

President Trump is expected to sign the measure, which will clear the way for lending to resume as early as Friday under two Small Business Administration programs, the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) Program.

Under the agreement, the PPP will receive $310 billion in new cash, while the EIDL fund will receive an additional $60 billion. The bill sets aside $60 billion of the PPP funding for small and medium-sized community banks, which will provide extra help for self-employed individuals and small businesses that don’t have relationships with larger banks.

“The PPP and EIDL had tremendous demand. Although the rollout was rocky, this latest bill should provide enough funds for everyone who needs a loan to get it. REALTORS® still waiting should contact their lender again and keep trying,” says Shannon McGahn, senior vice president of advocacy for NAR. “We have a wealth of resources to help you through the process, including a new video just posted last night.”

Quick Guidance for REALTORS® on the PPP and EIDL

• If you’ve already applied for an EIDL: The SBA is processing applications already in their system on a first-come, first-served basis. You do not need to reapply.
• If you have not already applied for an EIDL: Check back at the SBA application page once the additional funding is signed into law. 
• If you’ve already applied for a PPP loan through an SBA lender but have not been approved yet: Check with your lender to see if they are maintaining a queue of applications during the lapse or if you will need to reapply when the renewed funding comes through.
• If you have not applied yet for a PPP loan through an SBA lender: Have the application form filled out and your documentation ready to provide to your lender. (For businesses with employees, have payroll documentation; for independent contractors, have your 2019 Form 1040, Schedule C, and 1099-MISC.) If you have an existing relationship with an SBA lender, you should go to that lender first once the program reopens, but be prepared to try multiple lenders, which you can find on the SBA site.

Also see:

• NAR's Coronavirus Topic
• Coronavirus: SBA CARES Act FAQ
• Keys to Getting SBA Assistance: Persistence and Patience (REALTOR® Magazine)
• Coronavirus Aid, Relief, and Economic Security Act
• Center for REALTOR® Financial Wellness

The CRMLS app, designed specifically for CRMLS users, has added a Virtual Open House feature. Keep your business moving during this uncertain time by hosting or attending open houses from your mobile device. 

CRMLS App features include:

• Seamless integration with CRMLS data including:

– Your listings
– Your saved searches
– Your full list of contacts
– Your carts
– The CRMLS agent roster

• HomeSpotter tool: just point your phone in the direction of a listing to find out listing info
• Edit your listing details on-the-go, including:

– List Price
– Agent Remarks
– Public Remarks

• Free download on Android and iOS
• Agent-branded apps to share with clients
• Supports Matterport 3D tours
• In-app messaging
• Search by schools or drive-time
• Mortgage payment calculations

The CRMLS app is available as a free download in iOS and Android for CRMLS users.

 

The Department of Real Estate (DRE) posted FAQ’s for business practices on the DRE's COVID-19 Updates page. The DRE also recently launched an “Ask DRE Licensing” email feature.

In addition to real time updates provided on DRE’s website, you can also subscribe to their Twitter and Facebook pages for important alerts.

In particular, this page on Business Practices is of particular importance.

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Have training in your office.  PSAR & CRMLS will help.

• Three trainers available to train in San Diego
• Trainers will come to your office
• PSAR offers meeting space for free to host office meetings.
• Free training on 33 benefits that will make your team better.
• Office training also available on PSAR's exclusive benefit called Savvycard.

As a Broker, what is your value proposition?  Brokers looking to improve agent productivity, professionalism and retention, should bring training and resources to their agents in-house. Brokers who show agents how to use these tools, provide added value.  As members of CRMLS, firms have many free or enhanced tools to choose from.  These tools help agents do a better job serving their clients.

When PSAR joined CRMLS, the CEO of Sandicor, and many important staff including three of the four Sandicor trainers became full time employees of CRMLS.  This knowledge is deep and it remains part of our organization.  These trainers are located here in San Diego to educate and support our Realtor members.  They will even train your team locally right in your office. Regular training and coaching can help your agents grow as professionals and enhance your broker/agent relationship. 

Some brokerages don't have the facilities to train all of their agents in one space. If this is an issue for you, PSAR will provide you with free meeting space to train your own at an office meeting hosted in our location?  In return, we only request the opportunity to spend two minutes outlining the benefits of being a PSAR Realtors.

 

 

Here are some of the topics CRMLS will train on.  All of these tools are included for PSAR/CRMLS subscribers at no additional cost to agents or the brokerage. Savvy Card and Glide are two programs offered by PSAR.  PSAR staff can direct brokers to training resources for these benefits.  PSAR can also help brokers identify training for Zipforms and other CAR and NAR programs.

For a syllabus, class length and description, please check out more detailed information here.

• Cloud Agent Suite 
• Cloud CMA 
• Cloud Streams
• CRMLS Apps
• CRMLS Marketing Tools
• CRMLS System and Products Overview
• Homesnap Pro App
• Infosparks Market Statistic
• Infosparks Marketview
• LionDesk CRM
• Matrix: Agent Essentials
• Matrix: Broker Office Admin
• Matrix: Creating a CMA in Matrix
• Matrix: Realist Tax 2.0
• Matrix: Searching 101
• Matrix: System Updates
• Matrix: Time-Saving Tips
• MLS-Touch App
• Paragon: Advanced Searching
• Paragon: Agent Essentials
• Paragon: Broker Office Admin
• Paragon: Collaboration Center
• Paragon: Creating a CMA in Paragon
• Paragon: CRS Tax 101
• Paragon: Hot Sheets/Tours/Open Houses
• Paragon: Managing Listings in Paragon
• Paragon: Searching 101
• Paragon: ShowingTime for the MLS
• Paragon: System Updates
• Paragon: Time-Saving Tips
• REALTORS® Property Resource®
• Remine

Want to improve MLS rules compliance and avoid citations and fines?  

• CRMLS Compliance Top Violations Overview is a great class.

Do you have a boutique office, or need a smaller training session?

Brokers with fewer than ten agents, are welcome to bring their team to training hosted at PSAR each month in each of our three offices.  Bring your entire office to any of these training sessions. Check out our education calendar and register your entire office for training.

 

Not using SavvyCard for lead generation and property marketing?  You should be.

PSAR also offers Savvy Card.  This is a unique marketing platform that includes Seller Share, Free Property websites and much more.  Savvy Card will train in your office as well!  Just email support@psar.org and request office training on Savvycard. Learn more about Savvy Card here.

Need more information, or have a question? Please comment in the form below and a friendly PSAR service member will get back to you!

 

 

Need gift ideas for your fellow
REALTORS®, Broker, Vendors, Coworkers?

Whether it be Hardware, Software, Gadgets or Subscriptions, learn about great gifts that
will bring happiness to recipients all year long.

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Wednesday, December 18th
11:30am - 1:00pm
PSAR East

1150 Broadway #100, El Cajon CA 92021

Or Call: 619-421-7811

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Workshops are open to all REALTORS and Affiliated Members regardless of association membership.
All classes are free of charge.

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Agent SavvyCards™ for Real Estate uses your data in the MLS to automatically create web-pages for you AND for your listings! Use these SavvyCards to generate leads online through Social Media and through your customer's friends and family, quickly and inexpensively!

Provided to you as a member benefit from Pacific Southwest Association of REALTORS®

Claim Your Free Account Now

 

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This benefit is fully paid for. NO UP-SELL or ADDED Services.

WANT SOME LIVE HELP TO GET YOUR ACCOUNT SET UP?
REGISTER FOR A CLASS TODAY:

FRIDAY NOVEMBER 22ND | TWO LOCATIONS

South | 9:00am - 11:00am

 

East | 1:00pm - 3:00pm

Unlike many classes, this class will empower you to start growing your business from the moment you leave the room!

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A mobile marketing platform that features:
     • No app downloads  
     • Uses your data in the MLS
     • Automatically creates web pages for you AND for your listings!
     • Use these these web-pages to generate leads online through Social Media and through your customer's
        friends and family, quickly and inexpensively!

Agent SavvyCards™ for Real Estate uses your data in the MLS to automatically create web-pages for you AND for your listings! Use these SavvyCards to generate leads online through Social Media and through your customer's friends and family, quickly and inexpensively!

Provided to you as a member benefit from Pacific Southwest Association of REALTORS®, this training course combines an overview of the Agent & Property SavvyCard solutions with a series of real-life use cases. 

This benefit is fully paid for. NO UP-SELL or ADDED Services.

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