CRMLS launched a new IDX transparency initiative on September 1st, 2021.

What is IDX?  “Internet Data Exchange” is a means by which each MLS Participant (AKA Broker In the MLS) subscribing to the (IDX) program permits the limited electronic display of Participant’s listings appearing in Internet Data Exchange Database on each Participant’s (Other Broker's) IDX Internet websites and on applications for mobile devices that said participating Broker Participants and R.E. Subscribers control.

The newly updated rule Rule 12.16.5 listing credit:

All Listing Brokers grant permission for any Advertising Broker to display any listings submitted to the service by the Listing Broker only if the listing display or advertisement is clear so that a reasonable real estate consumer understands:

a) Who is the Listing Agent & Broker?
b) Who is the Advertising Broker?
c) How to contact that Listing Agent or Broker.

Note: These changes only affect how agent and broker IDX websites display your MLS data in public sites, not any other form of marketing. They are unrelated to communications between you and your clients.

What are the full implications of this rule? How do agents and brokers make sure your IDX feeds are compliant? Where did this rule come from, and why, and how does it benefit you?  To answer these questions and more,

CRMLS’s Vice President and General Counsel Edward Zorn - VP & General Counsel at California Regional MLS (CRMLS), will host a Webinar Wednesday, September 15th at 2:00 PM centered on the IDX Transparency Initiative.

Edward Zorn,  will also review frequently asked questions,  display examples of this new change, and take questions live.

Art Carter, CEO of CRMLS

Provides quick insight into the rule change on this 2:35 minute video.

The Pacific Southwest Association of REALTORS and many of our property managers and owners are financially supporting the Southern California Rental Housing Association's (SCRHA) efforts to seek an injunction preventing the county from implementing and enforcing its rental moratorium. The County has been ineffective at distributing the hundreds of millions of dollars received from the federal government for rent relief programs.  SCRHA is distributing the following press release: 

Court Denies SCRHA’s Legal Challenge to County’s Eviction Moratorium Ordinance; SCRHA Immediately Appeals Decision

Ordinance Threatens Safety, Quality of Life of Tenants; Livelihoods of Thousands of County Property Owners Who Provide Rental Housing.

SAN DIEGO (July 27, 2021) – Over a month after a decision was expected, a federal judge has finally issued a decision denying the Southern California Rental Housing Association’s (SCRHA) request for a preliminary injunction to prevent San Diego County from implementing or enforcing the San Diego County Emergency Eviction Moratorium Ordinance.

U.S. District Court Judge M. James Lorenz denied SCRHA's motion, citing the temporary nature and public interest of the ordinance. In his July 26, 2021 decision, Lorenz stated that it is beyond dispute that owners are impacted by the eviction moratorium, but he said in the ruling: “However, the harm they are suffering in terms of stress and emotional hardship will be short-lived, as the Ordinance is set to expire in the middle of August 2021.”
Within an hour of receiving the ruling on July 27, 2021, SCRHA filed an appeal with the U.S. Court of Appeals for the Ninth Circuit.

“We are greatly disappointed with this ruling, which leaves housing providers with no recourse to deal with renters who cause problems for their neighbors or who otherwise violate their agreements,” said SCRHA Executive Director Alan Pentico. “Bottom line: This is unfair to everyone. That’s why we will continue to challenge this extreme and unconstitutional law.”

“As housing providers, we believe in doing our part and serving our community. We were designated as essential workers during the COVID-19 pandemic – and we have continued to show up to maintain and operate our rental communities,” Pentico added. “Sadly, housing providers’ own rights have been trampled. It’s a shame that this court chose to minimize the real harm that the eviction moratorium is causing to housing providers and rental communities.”

The County’s Emergency Eviction Moratorium Ordinance indefinitely bans nearly all evictions within the County. The ordinance, which affects evictions within both the unincorporated areas of the County and within all local Cities, went into effect on June 3, 2021 – dramatically limiting the rights of property owners who rent out their homes, duplexes, condos, accessory dwelling units, or apartments to tenants.

SCRHA filed a lawsuit in U.S. District Court seeking an injunction against the ordinance, saying it threatens the livelihoods of thousands of county property owners – many of them independent, small “mom and pop” landlords – and strips them of their federal constitutional rights to use and control their own properties. Most troublingly, the ordinance fails to protect public safety because it doesn’t allow evictions of violent, lawbreaking or nuisance-creating tenants unless the landlord can prove an “imminent health and safety threat,” and it doesn’t allow financially stressed owners to move into their own homes. For more information, visit http://socalrha.org/evictionban.

The Eviction Moratorium Ordinance would end 60 days after all work-at-home and stay-at-home orders are lifted. The stay-at-home and work-at-home orders expired on June 15, 2021, making the ordinance’s tentative expiration date August 14, 2021, the ruling stated. However, the County’s motion had indicated the ordinance was set to expire on August 10, 2021.  For more information about the lawsuit look here.

PSAR encourages all property managers and housing providers to consider joining the SCRHA.  We partner with SCRHA to help protect private property rights.

C.A.R, COVID LEGAL DOCUMENTS are available for addtional help

The C.A.R. COVID-19 forms are all available in zipForm® Plus in the C.A.R. forms library, and can be easily located by searching the library under the “COVID-19” category. Additionally, you can find the following Quick Guides and Legal Q&A’s on our website here:

• Quick Guide – The COVID-19 Tenant Relief Act—The Statewide Rent Moratorium Law (extended through September 30, 2021) [revised 7/9/21]

• Quick Guide – The Centers for Disease Control Federal Eviction Moratorium Order [revised 7/9/21]
• Quick Guide – Expanded State Rental Assistance Program for Landlords
• Quick Guide – Unpaid Rent Eviction Guide During COVID Protected and Transition Periods [revised 7/9/21]
• Legal Q&A – Eviction Moratorium Extension and State Rental Assistance Program – Senate Bill 91 [revised 7/2/21]
• Legal Q&A – State Rent Moratorium Extension and the COVID Rental Housing Recovery Act (AB 832) [revised 7/9/21]

High Court Says CDC Lacks Authority         Breaking News - June 30, 2021

In a 5-4 ruling Tuesday evening, the U.S. Supreme Court said the Centers for Disease Control and Prevention (CDC) lacked authority to implement a blanket, nationwide eviction moratorium.

Although the court declined to lift the ban immediately, the ruling means the current moratorium will expire at the end of July.

“This is a massive victory for property rights,” says NAR President Charlie Oppler.  “For more than a year, mom-and-pop property owners have been pushed toward financial ruin as they upkeep their properties and pay their taxes and mortgages with no income of their own.  With the pandemic waning and the economy improving, it is time to restore the housing sector to its healthy, former function.  Property owners also deserved this absolute clarity from our federal court system regarding property rights in America to avoid similar financial harm in the future.”

“This ruling keeps in place certainty for tenants for another month while bringing clarity to struggling housing providers.  It is now critical that the nearly $50 billion in rental assistance NAR helped secure gets out to those who need it most,” Oppler continues.

The eviction ban was first issued in September 2020 during President Trump’s term and was extended by President Biden several times through the end of July.

With the support of NAR, the Georgia and Alabama Associations of REALTORS® challenged the orders in federal court.

In May, a U.S. federal judge sided with housing providers, ruling the moratorium unconstitutional.  However, the judge issued a stay of her ruling pending appeal.

CRMLS users drive the changes made to our rules, MLS systems, and services. CRMLS doesn't make up rules on a whim – we follow the directives of Brokers and Agents.

Based on feedback from the CRMLS subscribers and participants, filtered through committees, and approved by our Board of Directors, a few changes to the CRMLS Rules and Regulations are being made.

Effective May 1, 2021, CRMLS is updating the Rules and Regulations and publishing them on the Compliance page of the CRMLS website.  Please read the two-page summary of the rule changes, located here.

Here's a brief overview of some of the most impactful changes:

• 12.23 Business Days Definition. For all purposes of this ruleset, “Business Days” shall be defined as Mondays through Saturdays, not including holidays
• Addition of new rule (14.5) regarding MLS staff modifying fields and data points within listings
• In connection with new rule 14.5, violations of rules 7.8 (Mandatory Delivery of Listing Agreement) and 7.9 (Mandatory Submission Upon Marketing) may result in modifications being made to the DOM count of any listing at issue
• Modification to rule 7.22 (Expiration, Extension and Renewal of Listings) to include the following: "The Listing Broker may modify the status of an expired listing within 7 days of the Expiration date. At any time and for any reason, the MLS has the right to request a copy of the seller's written authorization to extend or renew a listing." (Please note that this change may not reflect immediately or at the same time in all MLS systems.)

 Additional resources are available here:

• Compliance Knowledgebase
• CRMLS Rules and Regulations

Please familiarize yourself with the new rules as soon as possible. 

Every April, REALTORS® commemorate the passage of the Fair Housing Act of 1968 with events and education that shine a light on housing discrimination and segregation. Fair Housing Month signifies a recommitment to expanding equal access to housing. Implicit bias is often a manifestation of muscle memory. A go-with-your-gut unconscious choice, act, or opinion with immeasurable consequences that can–and have–impacted generations.

Slow down, course correct, and take action. Throughout the year we must remain steadfast in our commitment to breaking down biases, holding ourselves accountable, and upholding the letter of the law.  Refresh your memory, and open your mind. There’s always more to know, and we can all do better.

What can you do? 

1. Complete the NEW fair housing simulation training for REALTORS® which uses the power of storytelling to help members identify, prevent, and address discriminatory practices in real estate. Inspired by real stories, this innovative online experience has agents work against the clock to sell homes in the fictional town of Fairhaven, while confronting discrimination in the homebuying process. Learners will also walk in the shoes of a homebuyer facing discrimination. The training provides customized feedback that learners can apply to daily business interactions. Get started by visiting fairhaven.realtor (link is external) to explore the fictional town of Fairhaven and assess how well you are adhering to fair housing principles.

2. Join a PSAR Reading Discussion Circle.  PSAR is encouraging community leaders and Realtors to read "The Color of Law" by  Richard Rothstein.  The fact that some neighborhoods are almost exclusively African American while others are almost exclusively white—is the result of explicit government policy rather than personal choice.  Understand how residential segregation was realized.  Join community leaders and other Realtors as we discuss this book.
Interested? Sign up Here to join and receive for more information. 

Below is a 35 minute sound clip with the author of "Color of Law."

3. Join the Facebook Group Deliberately Fair Housing. Listen and engage in discussions about Fair Housing.  Read and discuss books and discover issues that face diverse communities.  

4. Be knowledgeable in your craft. Read or listen to one of these resources and books. Prefer a podcast?  How about one of these? For film and video, here are some other resources.

5. Take a Fair Housing class though PSAR. This presentation covers: Fair Housing based on issues in advertising. This training is designed for those new to the housing industry as well as experienced housing professionals wishing to learn about current issues affecting fair housing laws.  Find a fair Housing Class

6. If you don't think you have biases, think again.  We all do.  Check out this great Ted Talk with Valerie Alexander "How to Outsmart Your Own Unconscious Bias"

More than 100 PSAR members learned more about property tax benefits available to clients of REALTORS^® from Proposition 19 during a Zoom meeting earlier this week with Taxpayer Advocate Jordan Marks of the San Diego County Accessor-Recorder-County Clerk (ARCC) Office.

Recorded Video of the Presentation

Attachments from the presentation:

• Jordan Marks Presentation Slides
• Assessor Homeowners Exemption Form
• Assessor Senior Exclusion Form
• Prop 58 Parent to Child Exclusion Form

Prop. 19, approved by California voters in the recent November general election, offers significant benefits to homeowners and sellers. The ballot measure was endorsed by the California Association of REALTORS^® (C.A.R.) and other business and community organizations because it will spur housing economic recovery.

Simply put, Prop. 19 expands the affordable housing tools by allowing senior homeowners over 55 years old, people with severe disabilities and victims of natural disasters or wildfires to keep their low tax base and move or rebuild anywhere statewide.

In addition, Prop. 19 addressed a tax loophole allowing families to pass their homes and affordable tax bases to their children, but no longer allowing them to be used for a commercial purpose.

However, Marks told PSAR members that it’s important to remember that some rules relating to Prop. 19 will change on Feb. 15 and April 1.

Before Feb. 15, in the case of transferring home ownership from parent to child or grandparent to grandchild, the law allows for unlimited transfer of assessed value on a primary resident with no requirement to live in the property and up to $1 million of assessed value on all non-primary residential properties.

After Feb. 15, the law changes with a limit of $1 million transfer of assessed value on a primary resident, plus a requirement to live in the property and no transfer of assessed value on any property not a primary resident.

Before April 1, for relocating homeowners over 55 years old, the current rules limit the senior exclusion from property tax reassessment to one time plus a requirement to live in the property.

After April 1, the senior exclusion from property tax assessment can be claimed for three times for any property in the state (but unlimited times for those whose homes were destroyed or substantially damaged by a wildfire or natural disaster). Filing for the exclusion must occur within two years from the date of the sale or purchase.

It’s no surprise that Merriam-Webster, the dictionary publisher, selected “pandemic” as its 2020 Word of the Year. The COVID-19 coronavirus pandemic changed life in ways that none of us could have imagined in 2019. It was on every TV channel, every news website and part of every conversation. Everyone was impacted, including homebuyers and sellers.

Indeed, the pandemic even changed homebuyers’ housing preferences, according to the California Association of REALTORS’® (C.A.R.) Annual Housing Market Survey, which reveals homebuyers’ behavior throughout the 2020 year.

The recently-released survey found that more than two in five California REALTORS® (43 percent) saw a pandemic-related change in their buyers’ preferences in the property type they wanted to purchase in 2020.

In response to pandemic-related, government-imposed prolonged lockdowns and quarantines that forced homebound distance learning for school and working remotely for the job, the most frequent homebuyer requests included a bigger home (39 percent), a home with more rooms (35 percent), a home in a suburb rather than in an urban area (37 percent) and a home in a rural area rather than a city or suburb (26 percent). Not surprisingly, the survey also found 37 percent of homebuyers in 2020 were less concerned about the commute time to work.

The survey also showed a variety of interesting aspects of homebuyers’ behavior statewide in 2020.
For example:

-- The top three reasons homebuyers purchased a home in 2020 included tired of renting (25 percent), desire for a larger home (20 percent) and desire for a better location (19 percent). For first-time homebuyers, tired of renting was the most popular reason at 54 percent. For repeat homebuyers, 25 percent said their primary reason for buying in 2020 was a desire for a larger home, an increase from 21 percent in 2019. Respondents agreed that low mortgage rates made buying a home makes more sense than renting for many first-timers.

-- The average number of multiple offers made on available homes for sale in 2020 reached its highest level since 2013. Nearly two-thirds (59.2 percent) of homes sold in 2020 received multiple offers at an average of 4.8 offers per home. In 2019, less than half (47.7 percent) of homes sold received multiple offers with an average of 3.9 offers on each home. Homes priced between $500,000 and $1 million received the most multiple offers in 2020 with 67.3 percent receiving an average of six offers.

-- The real estate housing market in 2020 was one of the most competitive markets in decades. A large share of properties sold above their asking price in 2020. Approximately 35 percent of homebuyers paid more than what home sellers asked for in 2020, compared to a quarter (26.7 percent) in 2019. The 2020 figure was the highest in seven years and is 16 percent higher than the long-run average. Homes in the $500,000-to-$1 million price range sold the fastest with an average of 10 days.

-- More people purchased vacation and second homes in 2020, the highest percentage since 2016. Vacation homes represented 6 percent share of total sales, compared to 4 percent in 2019. The flexibility to work from home, plus a desire to move away from metropolitan areas, resulted in higher housing demand in resort areas. Overall, home sales in California resort areas outperformed other housing sectors in the state in 2020. In addition, the share of investor buyers of rental properties was 8.1 percent, the lowest since 2001, due to uncertainty over eviction moratoriums.

-- Home sellers in 2020 pocketed a gain of roughly $210,000 from their home sale, which was about 63 percent higher than the price they paid for their home. Not surprisingly, the longer a homeowner lives in their home will increase the profit they can expect when they sell. Sellers who lived in their homes for less than five years earned a 16 percent profit from their sale in 2020, while those who lived in their home five or more years earned a 100 percent profit.

C.A.R. has conducted its Housing Market Survey annually since 1981.

Starting January 8th 2021 (ran out of funds mid January), you can apply on behalf of your clients for the California Association of REALTORS^® Housing Affordability Fund (HAF) Home Essentials Program.  

• Be a first-time homebuyer
• Homebuyers must use a California REALTOR^® in the transaction
• Purchase a primary single-family residence in California with the intent to occupy the property as a primary residence
• The conforming loan amount on the single-family residence must be at or below the FHA conforming loan limit
• The purchase of the single-family residence must use financing. All-cash purchases do not qualify

Starting December 30th, 2020, REALTORS^® can apply for California’s new relief grant program for small businesses affected by the COVID-19 pandemic. The program provides micro grants ranging from $5,000 to $25,000 to eligible small businesses (including independent contractors and sole proprietors) impacted by COVID-19 and the related health and safety restrictions. The grant amount will be based on the business’s annual revenue as documented in its most recent tax return:

• For annual revenue of $1,000 to $100,000, the available grant amount is $5,000.
• For annual revenue of greater than $100,000 up to $1,000,000, the available grant amount is $15,000.
• For annual revenue of greater than $1,000,000 up to $2,500,000, the available grant amount is $25,000.

A small business must satisfy certain criteria to be eligible to receive a grant award — read the criteria in full here. Please keep in mind that even if you meet all eligibility requirements, it is not guaranteed you will receive a grant.

Applications for the program must be submitted through a Community Development Financial Institution (CDFI) that has partnered with the state of California to distribute the funds. The list of partners, organized by location and by language services, can be found here.

The first round for applications opens on December 30, 2020, at 8:00 a.m. and closes on January 8, 2021, at 11:59 p.m. Approval notifications will begin on January 13, 2021. There will be a second round for application submissions and reviews, although the dates for that round have not yet been announced.

See the grant California Small Business COVID-19 Relief Grant Program website for more information.

Zillow appears to be in the process of becoming a REALTOR brokerage. The story has been evolving during 2020.  As Zillow transitions from being a listing distribution or advertising platform to a REALTOR (member of NAR, CAR and also some local local Associations,) they will receive the same rights and benefits as other brokerages.

Among these rights is the right to access IDX (Internet Data Exchange) feeds.  

Today, Zillow receives listing data from brokers instructing CRMLS to provide their listing information through a specifically tailored listing distribution feed called a syndication feed. Once Zillow becomes a brokerage in the CRMLS area, they will access listings through the same feeds that brokers receive on their web pages today.

What could this change mean for agents and brokers?

Listing distribution control changes: 
The CRMLS system currently permits brokers to control which listing distribution partners receive their listings, including Realtor.com, Homes.com, Apartments.com, and Zillow. Those options will soon change. As Zillow will be a participating brokerage instead of a listing distribution partner, brokers will not be able to specifically exclude Zillow from receiving their listings. 

Changes to how listings display on Zillow
Because of the switch to IDX feeds, listing data will display on Zillow differently than it does today. Full details are still forthcoming. CRMLS shared, however, that their IDX licensing agreement does not permit advertising in the way you may be used to on Zillow.  Zillow will update its current listing displays to comply with CRMLS IDX standards, the same as any brokerage that uses that same IDX listing data feed. IDX rules can be found in section 12.16 of the CRMLS Rules and Regulations.

Changes to rental listing search on Zillow
You may have heard rumors that Zillow plans to start charging fees for rental listings. (In fact, per Zillow, Zillow has charged fees for rental listings for “about a year,” except for MLS-sourced listings.) As outlined above, Zillow is also moving to IDX feeds. It’s reasonable to wonder how these two things can coexist.

CRMLS reached out to Zillow and confirmed that Zillow will no longer combine rental and for-sale properties in the same search. In other words, their IDX feed for MLS-sourced for sale listings will not comingle with their feeds for rental listings.

Per Zillow, “None of the fees… will be implemented until Jan 2021 and will not be on any listings under [Zillow’s] current syndication license.”

Zillow continued: “Under IDX, [Zillow] will not be pulling or displaying any [rental] listings under the IDX license. The rentals search will be a completely separate search experience on the site.”