A Fair Housing Partnership Resolution

U.S. Department of Housing and Urban Development and the NATIONAL ASSOCIATION OF REALTORS®

Reviewed December 2004

• WHEREAS: Fairness is a cornerstone of the foundation of the American way of life and depicts the best of our traditional values.
  
  
• WHEREAS: Fair housing is a major element of public policy and it is in our national interest to promote and further fair housing.
  
  
• WHEREAS: The Fair Housing Act and other laws guarantee a right to a national housing market free from discrimination based on race, color, religion, sex, handicap, familial status, and national origin.
  
  
• WHEREAS: The Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® commits every REALTOR® to providing professional services without such discrimination.
  
  
• WHEREAS: Section 809 of the Fair Housing Act requires the Secretary of the U.S. Department of Housing and Urban Development to work with the housing industry and other interested parties to develop voluntary programs to achieve fair housing.
  
  
• WHEREAS: The NATIONAL ASSOCIATION OF REALTORS® and HUD pioneered a cooperative voluntary approach to achieving our nation's fair housing goals.
  
  
• NOW, THEREFORE, BE IT RESOLVED that the NATIONAL ASSOCIATION OF REALTORS® and the U.S. Department of Housing and Urban Development reaffirm their commitment and hereby formulate a partnership to promote fair housing in all communities across our nation.
  
  
• BE IT FURTHER RESOLVED that such partnership is based on the following principles;
  
  

• All participants in our nation's housing market share a responsibility for the achievement of fair housing.
  
  
• HUD and NAR (the partnership) will, on an ongoing basis, jointly identify fair housing issues and concerns which need be addressed.
  
  
• The partnership will develop measurable strategies and actions to address identified issues and concerns.
  
  
• The partnership will evaluate the results of the actions taken to determine future strategies and actions.
  
  
• The partnership is national in scope but will be implemented both on the local community level and national level.
  
  
• REALTORS® are encouraged to adopt a fair housing declaration outlining their commitment to fair housing.

Scope of the partnership:The partnership consists of the NATIONAL ASSOCIATION OF REALTORS® and the U.S. Department of Housing and Urban Development (the Partnership). The partnership will, on occasion, invite other organizations in the housing community which have an interest in fair housing to participate in the activities of the partnership.

The HUD Assistant Secretary for Fair Housing and the NAR President or his or her designee will represent HUD and NAR, respectively. The partnership shall be in effect for five years or until earlier dissolved by the partners. The previous Agreement between the parties (the Voluntary Affirmative Marketing Agreement executed in June, 1992) will expire upon execution of this Partnership.

The Partnership will jointly prepare an operating handbook that sets out procedures and methods, accompanied by examples, to implement this partnership both at the national and local levels.

ARTICLE II

Identification of fair housing issues and concerns:The partnership will meet periodically, at least three times a year, to identify fair housing issues and concerns which can and should be addressed by the partners. Each partner, as well as other invited participants, will have an opportunity to present fair housing issues and concerns important to its members or constituents at these meetings. The partners will determine which issues and concerns will be addressed.

ARTICLE I I I

Development of Strategies and actions to address fair housing issues and concerns: The partnership will jointly identify and develop strategies and actions designed to address specific fair housing issues and concerns selected by the partners. The strategies and actions will be collaborative; designed to involve the widest spectrum of the housing community; and intended to produce measurable results. The partners shall endeavor to set timeframes for each strategy and action. Partnership issues, strategies, and actions are set out as an appendix to this Partnership resolution. The appendix will be revised and supplemented from time-to-time to reflect future direction.

ARTICLE IV

Review and Evaluation: The partnership will annually review and evaluate the effectiveness of partnership strategies and actions. Each partner may present information from its constituents and/or members and may incorporate local partnership evaluations into the national review. The partnership will seek the input of other organizations which have participated in the partnership's actions. The partnership will prepare a written report summarizing its review and evaluation and will use its review in the ongoing development of strategies and actions.

ARTICLE V

Local and State Activities: The Partnership's goals can best be implemented at the local level. The Partnership will encourage the development of local partnerships between HUD field offices and State or local Associations of REALTORS® based on the national principles and articles set forth in this Resolution. The national Partnership will identify and develop model local and state partnerships, and model strategies and approaches for addressing specific fair housing issues to guide these efforts. Local partnerships are encouraged to invite local organizations in the housing community with an interest in fair housing into their local partnership. Each local partnership shall determine how to formalize and make public their local partnership efforts.

ARTICLE VI

Termination of Partnership: Either partner may terminate its participation in the partnership by written notification to the designated representative of the other partner. At the request of either partner, the partners will meet to discuss the pending termination. The partnership will terminate within 60 days of receipt of notice of the pending termination unless the partners agree, within this time frame, to continue the partnership. When a State or local Association of REALTORS® or a HUD field office wishes to terminate its participation in a local partnership, it shall notify its national organization as to the reasons for termination. The national organization shall consult with the other national partner regarding the possible termination to determine whether to take appropriate action to assist in preserving the local partnership.

ARTICLE VII

Fair Housing Declaration: The Partners have developed a fair housing declaration for use by REALTORS®. The declaration is included in the appendix to this resolution. The declaration outlines a series of affirmative fair housing principles REALTORS® are encouraged to incorporate into the day-to-day business operations of their firms. REALTORS® are encouraged to publicly display this commitment in their marketing efforts.

ARTICLE VIII

Fair Housing Practices: The partners will develop guidance for REALTORS® concerning the development of appropriate Fair Housing Practices for their individual firms, including a recommended list of Best Practices. REALTORS® are encouraged to use this guidance to develop an appropriate set of fair housing practices for their firms. Local partnerships will be encouraged to develop from this guidance appropriate practices to address local fair housing concerns.

The partners will develop model Affirmative Fair Housing Marketing Plans for use by REALTORS® when needed to satisfy HUD's Affirmative Fair Housing Marketing regulations.

ADOPTION

This Agreement is adopted by the NATIONAL ASSOCIATION OF REALTORS® and the United States Department of Housing and Urban Development, acting through their respective authorized representatives, on this 5th day of December, 1996.

For the NATIONAL ASSOCIATION OF REALTORS®

Russell K. Booth, President
Michele K. Smith, Chair, Equal Opportunity Committee

For the U.S. Department of Housing and Urban Development

Henry G. Cisneros, Secretary
Elizabeth K. Julian, Assistant Secretary for Fair Housing and Equal Opportunity

The partnership will, on an ongoing basis, jointly identify fair housing issues and concerns; and will develop measurable strategies and actions to address identified issues and concerns. This appendix sets forth specific issues and actions that will be implemented through this partnership.

The partnership will then assess the results of the actions taken to determine future strategies and actions and to provide the public with information concerning the activities of the partnership. This appendix periodically will be revised and supplemented to reflect future direction.

Current Issues, Strategies, and Actions.

The U.S. Department of Housing and Urban Development and the NATIONAL ASSOCIATION OF REALTORS® have developed strategies and actions to address the following fair housing issues:

Issue 1: There is a need to provide information to the general public concerning fair housing laws, rights, and responsibilities.

Strategy: The partnership will promote the dissemination of fair housing information through local partnerships and local affiliates of the national partners.

Action: The partnership will develop a fair housing information and promotion kit which can be used by local partnerships and affiliates of the national partners to promote fair housing to the public. The kit will be developed by October, 1997.

Issue 2: The achievement of a housing market free from discrimination requires the involvement of people and organizations in addition to that of the partners.

Strategy A: Through participation in the National Homeownership Strategy, the partnership will promote the Strategy's opening markets action items and provide leadership on their implementation.

Actions: 1. The partnership will coordinate quarterly meetings of the Homeownership Strategy on Opening Markets and will initiate discussion on ways to coordinate promotion of fair housing to the public and to increase racial and cultural diversity in the real estate and housing profession.

2. The partnership will create fair housing material to include in the National Homeownership Strategy's local partnership tool kit. Included in that information will be tips and strategies to reach out to and include local fair housing organizations in homeownership activities.

3. The partnership will encourage state and local fair housing partnerships to participate in local partners of the National Homeownership Strategy.

Strategy B: The partners will each promote the partnership approach to achieving fair housing to other organizations representing the housing industry and community groups.

Actions: 1. The partners will invite organizations with an interest in fair housing to participate in partnership efforts as outlined in this appendix. Other organizations with an interest in fair housing include, but are not limited to, private fair housing organizations, federal, state, and local government agencies, other housing industry groups, civil rights organizations, and community organizations.

2. The partnership will encourage state and local fair housing partnerships to include representatives of other local organizations with an interest in fair housing in their local partnership activities and to participate in their local government's fair housing planning activities.

Issue 3: Real estate professionals need up-to-date information, training and tools to incorporate their fair housing commitment into their day-to-day real estate activities.

Strategy A: The partnership will collect, from a variety of sources, up-to-date information on fair housing issues and discriminatory practices.

Actions: 1. During meetings organized by the partnership in 1997, the partners will identify those fair housing issues and discriminatory practices that should be addressed in the education of real estate professionals. The partnership will identify and invite appropriate fair housing agencies, local and state government agencies, community groups and other housing industry groups to participate in at least two of these meetings.

2. The partnership will solicit information from various national organizations regarding current fair housing issues and discriminatory practices.

Strategy B: Training materials developed by the partners will include a set of fair housing "best practices" and which allow flexibility for incorporating specific practices to address newly identified or local fair housing issues.

Actions: 1. The partners will review the fair housing practices recommended in the NATIONAL ASSOCIATION OF REALTORS® Fair Housing Handbook. The partners will suggest, by February 1, 1997, revisions to the recommended procedures. NAR then will determine appropriate revisions to the NAR Fair Housing Handbook.

2. The partners agree to promote the development and dissemination of information and materials to assist in implementing HUD's affirmative marketing regulations and the development and implementation of fair housing "best practices" by real estate professionals.

Strategy C: The partnership will promote self testing as an effective tool for educating real estate professionals and for internal monitoring of compliance with the Fair Housing Act.

Actions: 1. The partners will evaluate whether legislation is necessary to protect participants in self testing programs from the later use of self testing records in enforcement actions, and, if so, will consider seeking such legislation.

2. The partners will develop by October 1, 1997, guidance regarding self testing by real estate firms and local Associations of REALTORS®.

Issue 4: Real estate professionals doing certain business with the United States Department of Housing and Urban Development and other governmental agencies are required by law to design and implement affirmative fair housing marketing plans. These firms have had the option in the past to adopt the Voluntary Affirmative Marketing Agreement in lieu of developing these plans. This fair housing partnership agreement does not allow the continuation of that option.

Strategy: Model affirmative fair housing marketing plans would assist real estate professionals doing business with HUD in meeting affirmative marketing requirements.

Actions: 1. The partners will develop model affirmative fair housing marketing plans containing fair housing practices that real estate professionals may incorporate into their affirmative marketing plan. The plan shall be presented to the NAR Equal Opportunity Committee and Board of Directors for approval at the NAR Midyear meeting, May 1997.

Issue 5: Although the Partnership is national in scope, the goals of the partnership can best be implemented at the local community level. The partnership model is new and significantly different than the Voluntary Affirmative Marketing Agreement.

Strategy A: The Partnership will provide written guidance on the development of state and local partnerships.

Action: The partnership will publish a guide for the development of state/local fair housing partnerships initiated by state and local Associations of REALTORS® and HUD field offices based on the national partnership. The guide will be available by June, 1997, for HUD field offices and State and Local Associations of REALTORS®.

Strategy B: The Partnership will provide training opportunities for HUD staff and NAR state and local Association representatives regarding the partnership and its implementation.

Actions: 1. NAR and HUD will schedule training sessions in which the partnership will explain the new partnership agreement and models for developing local partnerships, and will address questions regarding implementation of the partnership.

HUD will schedule sessions for appropriate HUD staff to take place during 1997.

NAR will schedule education sessions at its Midwinter and Midyear, 1997, meetings.

2. Both partners will participate in each training session.

3. The partnership, will, in conjunction with at least two partnership meetings outside the Washington, DC, area in 1997, meet with the appropriate HUD field office and NAR State of Local Association to encourage the development of local fair housing partnership activities.

Strategy C: Sharing information on innovative approaches to fair housing at the community level encourages other state/local fair housing partnership efforts.

Action: The partnership will solicit information from a sample of state and local fair housing partnerships regarding approaches to addressing specific fair housing concerns. Sample or model approaches will be included in the guidance made available to state and local fair housing partnerships.

Fair Housing Partnership, Appendix 2

Provide equal professional service without regard to the race, color, religion, sex, handicap, familial status, or national origin 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.