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.

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.

By NAR mandate, CRMLS has implemented it's Clear Cooperation Policy.  This policy governs the public marketing of listings and their entry into the multiple listing service. Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants.

After the Seller signs the contract, the Listing Broker has two (2) business days from the listing contract date to enter the listing into the MLS. Within one (1) business day of marketing the property, the Listing Broker must ensure that the listing is in the Coming Soon or Active status.  CRMLS will have a "Coming Soon" status by the end of May 2020.

To learn more about the policy and how it will be implemented, CRMLS General Counsel Ed Zorn recorded this Webinar.

To download the slide deck below follow this link.

CRMLS also has this web page dedicated to Clear Cooperation, BUT the advantages that CRMLS provides are not available now. PSAR will join SDMLS in getting the Coming Soon status at the end of May, the Registered status and Hold status that are part of CRMLS now will be delayed until our migration to the Upgraded Paragon system in August.  They are also currently available for PSAR users who subscribe to Matrix.

 

SACRAMENTO – On April 16, 2020, Governor Gavin Newsom issued Executive Order N-52-20 which, among other things, extends several Department of Real Estate (DRE) statutory deadlines by 60 days.
Highlights of the Executive Order that relate to DRE stakeholders include extending the
following for 60 days:

• time-frames associated with examination application expiration dates
• time-frames associated with license expiration dates
• deadlines related to the payment of license application fees
• deadlines related to the payment of license renewal fees
• deadlines related to completing continuing education requirements for expiring licensees
• deadlines specified in existing Orders issued by the Real Estate Commissioner

DRE understands that right now licensees are focused on keeping themselves and their families safe and healthy during the COVID-19 pandemic. With the signing of this most recent Executive Order providing for extensions of licensing deadlines, licensees can continue focusing on their safety and well-being.
Frequently asked questions about the Executive Order are provided on DRE’s website.

Additionally, DRE published the most recent Consumer Alert titled, “Consumer Alert- Fraud Warnings for California Homeowners in Financial Distress” in Spanish today. The Spanish copy can be accessed on DRE’s website on the Consumer Alerts page.

 

Congratulations to the more than 345 PSAR REALTORs® who have been honored with a PSAR 2020 Real Estate Achievement and Leadership (R.E.A.L.) award!

Award recipients were informed earlier this week about the honor. The PSAR R.E.A.L. awards program recognizes some of San Diego County's top producing agents who achieved excellence in sales production and industry leadership.

The 2020 PSAR R.E.A.L. Awards Committee members include:

Yvonne Cromer Chair
Reshia Guarnotta
Carey Guthrie
Laurie MacDonald
Amber Tannehill
Lupe Soto
Tony Santiago,
Paul Trudel-Payne
James Usrey
Robert Cromer

PSAR staff members assisting the committee include Rich D’Ascoli, Kevin McElroy and Sally Valdez.

An awards dinner where recipients of the inaugural R.E.A.L. awards was scheduled, but later cancelled due to event restrictions imposed as a result of Covid-19.  This was, of course, a disappointment, but the health and safety of all was the primary concern of PSAR leadership.

The names of the R.E.A.L. award recipients are listed in a full-page ad to be published in the San Diego Union-Tribune newspaper. The ad can be viewed by clicking this pdf (Kevin, insert the pdf address here).  Again, congratulations to all of our winners!

Awards are based on either sales volume dollars or units sold, including listings or sales units entered into the MLS, and closed in 2019. Both individuals and teams are eligible. Top 1%, over 31 sides and $26,130,000 in volume, Top 3%, over 19 sides and $13,667,755 in volume, Top 5%, over 14 sides and $9,920,000 in volume, Top 10%, over 9 sides and $6,134,179 in volume.

 

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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Past leaders can teach us a great deal about handling adversity. Historians say that lessons learned by past leaders during tough times are often ignored or forgotten because people often view their current circumstances as different from those faced by people historically.

The truth is that for all that has changed throughout history, human nature remains remarkably the same . There are principles of individuals’ behavior that are constant over time,  especially when facing hardship. It’s also true that well-timed motivational words of encouragement and inspiration can lift morale during such times of crisis.

In spirit, we reached out to past PSAR presidents  from as long as 15 years ago for their “we-will-get-through-this-pandemic-together” thoughts.

So if you will take a few minutes and find a comfortable spot to read the following quotes, you may find that the words from these past leaders will resonate in this time of crisis and encourage you to believe that we will all not only make it through, we  will have gained something from the experience.

-- Robert Calloway (2019) 
“We will get through this tough time as we have done in the past. Continue to work with your past clients and update them on what’s happening in the real estate market. Also, please remain safe during the shelter in place, as there is no amount of money that can replace you or a loved one.”

-- Jan Farley (2018)
“We lived through the crisis of 2008. In every crisis and hardship, there is something good that comes out of it either by what we learn, or how we change the process, to make us better, smarter and stronger. That will absolutely be the case this time, too.”

-- Sarah Heck (2017)
“This too shall pass. This may be the catalyst for us as agents to find new ways to add value to our clients. Take this time to fine tune your processes, touch base with your sphere and practice self care. It can be easy to get swallowed up in the fear that comes from the valleys of a real estate career. Instead, focus on the peaks and how we are going to climb to the next one. I challenge you to look at this time as an opportunity to review and improve the foundation of your business so that you can grow stronger through today’s challenges.”

-- Anthony Andaya (2016)
“During uncertain times like these, some of the best things you can do are double down on your efforts to build relationships when folks are most receptive; triple down on your active listening and avoid sharing general opinions; quadruple down on your compassion and empathy for those you are speaking with. We are all in this together and together is the only way we will get through times like these. If you're going to quit on anything during these difficult times, then quit being lazy, quit making excuses, and quit waiting for the right time. Remember consistency is key in all you do especially in these trying times.” 

-- Carey Guthrie (2015)
“I think it’s a terrific time for REALTORS® to shine. I manage about 200 agents and I immediately ordered gloves, booties and masks for agents. During this crisis, I see a variety of things happening. My advice: don’t fall out of a regular routine; play by the rules, be safe and keep your clients safe; what you do now will contribute to success now and referrals down the road; provide the correct forms and the latest information daily to whoever needs it; keep a positive attitude for all.”

-- Bob Olivieri (2014)
“Just like past challenges we have experienced in PSAR’s 92-year history, we will get through this. Not only will we survive, our industry is in a position to thrive when this is over. Those of us who continue to work and keep in close contact with our friends, clients and prospects will reap the tremendous benefits that will come when we reach the slowdown of this pandemic.”

-- Peter Mendiola (2012)
“Your response to the current crisis is very important. How you react to any adversity and your attitude towards it will dictate your level of success for the days, weeks, and even years ahead. Many people will see the situation we are in, as completely doom and gloom, with a tone that the world is ending. I believe this is a fantastic opportunity for real estate professionals everywhere to stick to the basics, reach-out to as many people as possible and ask people how they’re doing. I’m extremely fortunate to be surrounded by very smart, optimistic people.
This is an incredible opportunity for all of us to lay the groundwork for an incredible increase in our production now and especially when the crisis is over. Having a positive attitude will give you a head-start and get you further ahead than many people who are unfortunately in a fearful place, and who are putting their heads in the sand.  It’s times like this that reshape our industry for the best and should remind everyone of the importance of being a professional well-informed Realtor. Stay positive and be a positive influence in peoples’ lives. Pick up your phone and start making phone calls!”  

-- Nikki Coppa (2011)
“I have no doubt that REALTORS® can make it through this pandemic and come out stronger than before. Every transaction a REALTOR® goes through has crazy twists and turns and it is our job to figure out how to help our clients navigate each one. Although a pandemic is a new twist, every day I watch the resilient adapt, move forward and close sales. When stay-at-home orders are lifted, `home’ will have a deeper meaning for most. The agents that push themselves out of their comfort zones now and reach out to their friends, family, clients and neighbors repeatedly will likely enjoy substantial benefits once we are all on the streets again.”

-- Pat Russiano (2009)
“During my real estate career which spans nearly three decades, I’ve helped buyers and sellers navigate many up-and-down markets and trying times. Statistics label the ups-and-downs, but every market’s challenges must be met and can be met with continued belief in yourself and surrounding yourself with professional mentors and peers. This particular period in history, like all others, has very unique issues that require our problem-solving skills. When times seem toughest, it is not the time to withdraw. Engage with your industry leaders and you will realize there are resources and answers if you look and ask. It is just as important to engage and help where your talents can be used the most. The actual delivery of our services is requiring the most thought, the most care, the most caution. But we can do this. We are learning a lot and I’m certain the lessons learned will make us stronger for it. Focus on the problem to get your bearings. Then focus on the solution on how we can keep helping the families that we’ve always found ways to help using the safety protocols in all ways that this particular market requires.”

-- Barbara Brown Hahn (2008)
“Hang in there! Tough times teach you so much, lessons you’ll use throughout your careers. And they give you great stories to tell! Keep your sense of humor.”

 -- Susan Olivier (2007)
“I know that we are all going through a tough time now. But we will make it through. Keep your eyes on what you do have, such as your own wellbeing, your family and friends, your fur babies, all you've accomplished. Take time to reflect on all the positives in your life and before you know it, this will pass.”

-- Mark Scott (2006)
“Now is a time that you can show your value by implementing best practice safety measures while still going to work every day. The great recession required a level of professionalism that until then was unprecedented in our lifetime. This is no different. Reach out to your friends, family and sphere of influence and you can come out of this stronger than when this pandemic started. Stay safe and go to work.”

-- Suzanne Yavorsky (2005)  
“Tie a knot on the end of the rope and hang on for the ride as this too will pass. The sun will shine again and keep the faith.”

-- Isabel Hall (2002)
“I love real estate agents, because they are first and foremost optimists. That optimism in this time is essential. Through this challenge, make the most of your optimism. This situation is not going to last for years and years; it’s going to last for several months. And when those months have passed, the recovery will be amazing to watch. Meanwhile, exercise daily for endorphins, make the most of this time with your families, and stay safe so you can enjoy the incredible recovery.”

 

On Friday, April 3rd, Doug McCauley, was appointed by Governor Gavin Newsom as Commissioner of the California Department of Real Estate.

Doug has served as chief deputy director of the California Department of Housing and Community Development since 2018, and has served as acting director of the Department since 2019. He was executive officer at the California Architects Board from 2001 to 2018. Doug earned a Master of Public Administration degree from Golden Gate University.

According to the DRE, this transition is expected to occur in early May.

I wanted to inform everyone that since the Sheriff Deputies are not letting members of the public into the building without an escort by an employee, the Clerk of the Board, has had to change the Map Recording Process that was previously set in place. In order to ensure we have staff available and can escort customers from the building entrance,  we will now be providing map services by appointments only. If a customer’s map requires approval/signature of the Clerk of the Board (COB), the customer can call us at (619) 531-5600 or email us at cobmaps@sdcounty.ca.gov to schedule an appointment. Our website has been updated to reflect this information & I will also be posting signs at the entrances of the CAC.

Best Regards,

Samantha Lanham

Board Assistant
County of San Diego - Clerk of the Board of Supervisors
1600 Pacific Highway, Rm. 402, San Diego, CA 92101

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Recorder’s Office
When a customer has a map to be recorded, they may call the supervisor line at (619) 531-5007, or email  Vanessa.ross@sdcounty.ca.gov, Carlos.argandona@sdcounty.ca.gov  and  DeAnna.Hernandez@sdcounty.ca.gov to arrange a time to do so. A supervisor or the map staff will go out of the office to get the map and payment from the customer. If it meets all requirements and is recorded, the map staff will take the receipt for payment back out to the customer. If rejected, the map will be taken back to the customer for correction.

Please note: the above process will apply while the office remains closed to the public. Once the office re-opens, map recording will once again be processed on a walk-in basis.

 

Clerk of the Board
If the map first requires approval/signature of the Clerk of the Board (COB), the customer must first call the Clerk of the Board at (619) 531-5600 or email them at cobmaps@sdcounty.ca.gov for an appointment. They are only available Monday-Friday between 8-4 for map transactions. Once they have an appointment, they should then contact us at the above information to let us know their appointment time with the COB. Once done with the COB, the clerk or customer will call the Recorder’s Office, then they will walk the map down to the hall outside our office doors, where the supervisor or map staff will retrieve the map and fees for recording. Staff will return the receipt after transaction is completed.

 

Treasurer Tax Collector
If a Map Tax Clearance Certificate is required from the Treasurer-Tax Collector (TTC), the customer may request it by mail. They need to include the Map Tax Clearance Questionnaire, a 26” x 18” copy of the map and the $108.00 fee, mailed to: San Diego County Treasurer-Tax Collector, 1600 Pacific Hwy, Rm 162, San Diego CA 92101. The TTC will mail the original clearance back to the customer. If an immediate drop off or pick up is needed, contact the TTC staff at (619) 685-2622 or email Zina.poles@sdcounty.ca.gov (she is out of the office on Thursdays).

The Map Tax Clearance Certificate may be filed by mailing the original, along with the $8.00 filing fee to the San Diego Recorder/County Clerk, P.O.Box 121750, San Diego CA 92112-1750. The certificate may also be filed at the same appointment time the map is being recorded. We will not be making appointments to file the certificate only.

 

To help agents navigate practicing real estate during these challenging times, C.A.R. has released these best practice guidelines that reflect C.A.R.'s understanding of Governor Newsom’s stay-at-home order. This document details recommended best practices for marketing, showing and closing on properties while maintaining compliance with CDC recommendations.

To compliment new guidelines released by CAR yesterday, today two new forms were released:

• One is a Listing Agreement Coronavirus Addendum or Amendment (RLA-CAA) for sellers and listing agents to sign, and
• The other is a Property Viewing Advisory and Declaration (PEAD) that is to be given to and signed by the seller, buyer, agents and anyone else who will be entering a property.

The forms can be accessed here.  These forms will be added to Zipforms.

Successful non-essential businesses, while remaining open, are changing the way they do business.  For example, while they remain open, restaurants may not serve food.  The first priority needs to be safety. If the public, the client and the Realtors is careful and safe, we will get through this crisis more quickly.