The Board of Supervisors will meet on Wednesday, February 9th at 9 am to discuss the implementation of a Vehicle Miles Traveled (VMT) Policy which could end hopes that San Diego will meet the housing needs of its residents.  

Please urge the Board of Supervisors to keep housing a top priority in San Diego County.  

You can submit written comments by clicking here: submit comments.

This proposal is item 7 on the Agenda, if you would be willing to testify on this, you can sign up here:  Sign up to speak

-------------------------------------------------------------------------------------------------------------------

Recently, PSAR sent a three-page letter to the San Diego County Board of Supervisors expressing our opposition to the Vehicle Miles Traveled (VMT) proposal.  See a copy of the letter by following this link.

VMT is a proposal that would slap new fees on housing development in car-centric communities. The fees would be calculated based on the additional “vehicle miles traveled.” Housing developments in rural or suburban areas would face fees that would disincentivize their construction.  Any homes that do get built would need to factor in those additional fees, pushing the dream of homeownership further beyond the reach of most aspiring buyers.  

Under the proposed VMT, to get approval for a project, a housing developer would have to show that their project would generate fewer vehicle miles traveled than the area’s average. 

PSAR’s letter to the Board of Supervisors states: “Homeownership is the bedrock of building strong communities and intergenerational wealth. REALTORS® know firsthand that buyers are moving to Riverside, Imperial Valley, and Mexico to own a property and build a future. They subsequently commute for hours on San Diego freeways, defeating the intent of the VMT policies.

“There are numerous economic and regulatory barriers that discourage developers from building both attached and detached “for-purchase” housing for all levels of income. If the County is forced to adopt a Vehicle Miles Traveled (VMT) planning tool that is being considered with a regional planning focus, the cost of new housing in the unincorporated portions of our region will be increased significantly, adding to the current housing shortfall.

“This policy will severely restrict future generations from realizing the dream of homeownership and a better quality of life for themselves and generations to come.”

The letter also states that PSAR is supporting six recommendations from the Building Industry Association (BIA) of San Diego County. BIA’s recommendations include an Infill Area Option, VMT Mitigation Program Options, and a programmatic Environmental Impact Report (EIR) to analyze VMT impacts.

PSAR is opposing VMT implementation because of the potential impacts on historically disadvantaged communities who would find it harder to realize the dream of homeownership.

PSAR’s letter states: “Homeownership is an essential steppingstone for families to build wealth. By adding requirements that will make homeownership opportunities more expensive for working families to purchase, we will be removing a crucial steppingstone for those who have not already had an opportunity to purchase a home. We would essentially be closing the door behind those who have already been fortunate enough to purchase a home.

“Society has been making a lot of strides towards providing historically disadvantaged communities with opportunities that had previously been denied to them. We should not be halting that progress by limiting access to homeownership opportunities. The book `The Color of Law’ by Richard Rothstein provides a very detailed analysis of how unequal access to homeownership due to government policies directly resulted in economic harm that continues to hold back communities of color to this day. Considering the fact that communities of color in San Diego are still suffering from the multigenerational impacts of redlining and segregation, we should not be implementing policies that cement these impacts by stopping the creation of new opportunities for homeownership or confining new housing opportunities for lower-income residents to certain areas.”

At their Jan. 26 meeting, the Board of Supervisors received a report from county planners that laid out ways to implement VMT. The board directed the planners to return on Feb. 9 with additional details on VMT options.

Please urge the Board of Supervisors to keep housing a top priority in San Diego County.  

You can submit written comments by clicking here: submit comments.

This proposal is item 7 on the Agenda, if you would be willing to testify on this, you can sign up here:  Sign up to speak

PSAR is proud to announce that 15 PSAR members have been approved by the PSAR board of directors for recognition by the California Association of REALTORS^® (C.A.R.) as honorary members for life.

The 15 members include:

Congratulations to each esteemed member for your long-term commitment to professionalism and excellence in the real estate industry.

This latest 2021 group of new C.A.R. life members will receive a waiver of C.A.R. dues beginning in 2022. They will continue to receive a dues waiver for as long as they remain eligible for REALTOR^® membership or until retirement from the field.

Requirements to be honored as a C.A.R. life member include remaining as a C.A.R. member in good standing for a minimum of 25 years and attaining the age of 75.

Acceptance as honorary members for life also requires approval of the C.A.R. Membership Committee and the C.A.R. Board of Directors at one of its three annual membership meetings. Applications for the honorary member-for-life designation must be received in advance of the meetings in order for the dues waiver to be effective the following year. Applications will not be processed without the signature of the member’s local association executive.

Applications are available on the C.A.R.website and using THIS FORM

For additional information, send an email to hmfl@car.org.

_______________________________________

PSAR was recently honored for writing excellence by the San Diego Press Club,

PSAR received an award in the “In-House or Employee Publications” category for recent “Voice of Real Estate” stories, an ongoing series covering the latest real estate industry trends. 

In addition, PSAR was honored in the “General Writing for Internal Publications” category for a series of profile stories about PSAR members.

It was the seventh consecutive year that PSAR has been recognized for writing excellence by the San Diego Press Club.  

The PSAR member profile stories have generated high readership levels and fostered closer bonds among PSAR colleagues. A frequent response to the stories among members who have worked together for years is, “I didn’t know that about you.”

It was the fourth consecutive year that PSAR has received a Press Club writing award for its “Voice of Real Estate” series.

The monthly Voice articles feature updates on local and statewide housing market conditions based on statistics from the California Association of REALTORS®, as well as other recent news about real estate and economic trends, cited from news reports.

The Voice articles also satisfy a core standard from the National Association of Realtors requiring real estate trade associations to provide realtor members with regularly scheduled information on the housing market, and real estate trends and issues.

The San Diego Press Club’s recent 48th annual Excellence in Journalism Awards drew over 1,100 entries, making it one of the largest journalism competitions in the nation. Judges were press club members in Alaska, California (San Francisco, Orange County), Florida, Louisiana(New Orleans), New York (Rochester), Ohio (Cleveland), and Wisconsin (Milwaukee)

The San Diego Press club presented over 500 awards in 130 categories and 10 divisions. Winners included reporters, writers, artists, photographers, videographers, corporate communicators, and public relations professionals. Top winners included The San Diego Union-Tribune with 42 awards in online, daily newspapers, and photography categories, Ranch and Coast Magazine with 22 awards in magazine and photography categories, and the San Diego Business Journal with 19 awards in non-daily newspaper categories.

The San Diego Press Club is one of the largest clubs of its kind in the nation with 400 members, all in the news communications field. The group offers professional growth activities and promotes integrity and high ethical standards in journalism.

_______________________________________

The U.S. Department of Housing and Urban Development (HUD) awarded $47.4 million to fair housing non-profit organizations around the country.  At least two of the organizations are based in San Diego. In September these testing organizations received  $653,000 for the Private Enforcement Initiative (PEI).  According to HUD, these organizations will conduct intake and testing.  They will investigate and litigate fair housing complaints under the Fair Housing Act. According to the Department of Justice website:

"Testing refers to the use of individuals who – without any bona fide intent to rent or purchase housing, purchase a mortgage or vehicle loan, or patronize a place of public accommodation – pose as prospective renters, borrowers, or patrons for the purpose of gathering information. This information may indicate whether a provider is complying with federal civil rights laws. The primary focus of the Section's Fair Housing Testing Program has been to identify unlawful housing discrimination based on race, national origin, disability, or familial status in violation of the Fair Housing Act. The Section also has responsibilities to enforce Title II of the Civil Rights Act of 1964, the nation's public accommodations law; the Equal Credit Opportunity Act, which prohibits discrimination in credit; and the Servicemembers Civil Relief Act, which provides protections for military members as they enter active duty. The Fair Housing Testing Program also conducts testing under these statutes, as well as under the Americans with Disabilities Act, which is enforced by the Disability Rights Section of the Civil Rights Division."

Agents must also understand that California has additional protected classes including Ancestory, CREED, Gender Identity, Medical Condition, Source of Income/Occupation, and "Other Arbitrary Discrimination."  The definition of a "Protected Class" is all-inclusive in California.  Agents need to be aware of their unconscious biases and be careful to treat everyone equally.

In March of 2021 HUD Published the 2021 civil penalty amounts for fair housing violations. Civil penalties may reach a maximum of $54,157 and respondents who had violated the Act two or more times in the previous 7 years could be fined a maximum of $108,315.

PSAR, NAR, and C.A.R. have been diligent and have provided fair housing resources for Realtors for many years. During the past two years following the Newsday Investigation called "Long Island Divided" the Associations doubled down the efforts.  PSAR has hosted or promoted at least eight opportunities this year for agents to better understand fair housing.  NAR also prepared a "gamified" training to help agents understand the law.  The game is called Fairhaven.  More information may be found here.

Testers may be reaching anonymously to agents and property managers in the field.  The best practice is to understand and obey the law.  PSAR agents are the most professional in California and the Nation. PSAR's staff and volunteer leaders are available to help our members with resources and training. This law is important and there is no room for error.

Watch this video to see how real estate agents treated undercover clients on Long Island.

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.