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The California Association of REALTORS® formally apologizes for its past discriminatory policies, including Proposition 14, a successful 1960s ballot initiative that overturned the State of California’s first fair housing law. C.A.R.’s leaders issued the apology in a press release and in a live press conference.

Regrettably, the California Real Estate Association (CREA), now known as C.A.R., once played a leading role in segregation and exclusionary practices in housing. California communities still grapple with wealth and homeownership inequities. For decades, CREA promoted policies that encouraged discrimination and the idea that neighborhood integration would negatively impact property values. The Association endorsed racial zoning, “redlining” and racially restrictive covenants.  

“The Association was wrong. We not only apologize for those actions, we strongly condemn them, and we will continue working to address the legacy of these discriminatory policies and practices,” said C.A.R. President Otto Catrina.

CREA was behind Article 34, a law passed in the 1950s that remains in place that makes it very difficult to build affordable housing in California. The Association also excluded women and people of color from membership.

In the 1960s, California’s first fair housing law, the Rumford Fair Housing Act, was passed. CREA actively encouraged its members to support Proposition 14, a law that overturned the Rumford Act and modified California’s constitution so that the state could not prohibit private property owners from engaging in discrimination. The U.S. Supreme Court overturned the proposition as unconstitutional.

In the years since the passage of the federal Fair Housing Act of 1968, the California Fair Employment and Housing Act and other fair housing laws, C.A.R. has prioritized understanding and addressing the unique homeownership barriers impacting communities of color and other historically excluded communities. 

“We have continued to unpack our difficult and sometimes obscure history of opposing fair housing laws, promoting segregation and racial exclusion prior to the Fair Housing Act of 1968. As an organization that deeply values inclusion, we can’t change the actions of the past, but we are taking bold action now to help build a more equitable and just future,” said Catrina.

For instance, C.A.R. recently sponsored a law requiring periodic implicit bias training for all real estate salespersons. Additionally, C.A.R. helped shape a new law that strengthens consumer protection in instances of appraisal bias.

Currently, C.A.R. is working to address the legacy of discriminatory policies in a variety of ways. These include:

● Offering a closing cost grant for members of underserved communities.

● Donating to the Black Wealth Builders Fund, a down payment assistance program for Black home buyers in the Bay Area.

● Partnering with and sponsoring the work of nonprofit organizations that support greater homeownership for members of underserved communities.

● Sponsoring and supporting a variety of policies that address supply and affordability challenges for communities of color. 

● Co-sponsoring a bill that would overturn Article 34, a law California REALTORS® helped pass in the 1950s that makes it much harder for California communities to build affordable housing.

● Supporting a law that provides a system for redacting restrictive covenants in property records. 

“The Silicon Valley Association of REALTORS® (SILVAR) has always promoted homeownership for all. We have promoted C.A.R.’s Fairhaven simulation, an innovative online simulation training, where agents walk in the shoes of a homebuyer facing discrimination. The training provides customized feedback that agents can apply to daily business interactions,” said Brett Caviness, president of SILVAR. “We have also introduced a number of diversity, equity and inclusion programs to our members, so all are aware that discrimination is not allowed in any facet of real estate.”

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Every April, REALTORS® commemorate the passage of the Fair Housing Act of 1968 to remind every American that all persons have equal access to housing and that fair housing is not an option; it is the law.

“Homeownership is the largest single contributor to intergenerational wealth for American families, but it has not been accessible to all Americans on equal terms. Fair housing and equity issues are still prevalent in California,” says Brett Caviness, president of the Silicon Valley Association of REALTORS®.  

According to the California Association of REALTORS®, housing affordability for white/non-Hispanic households fell from 38 percent in 2020 to 34 percent in 2021. Seventeen percent of Black and Latino households could afford a median-priced home, down from 19 percent and 20 percent in 2020, respectively.

Last year, Gov. Gavin Newsom signed into law three C.A.R.-sponsored bills and two fair housing bills that require implicit bias training for real estate professionals, address the supply and affordability challenges that disparately impact people of color and address appraisal bias.

“A home seller, home seeker, and real estate professional all have rights and responsibilities under the law,” says Caviness.

A home seller or landlord cannot discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. They cannot instruct the licensed broker or salesperson acting as their agent to convey any limitations in the sale or rental because the real estate professional is also bound by law not to discriminate.

Buyers or renters have the right to expect:

  • housing in their price range made available without discrimination.
  • equal professional service.
  • the opportunity to consider a broad range of housing choices.
  • no discriminatory limitations on communities or locations of housing.
  • no discrimination in the financing, appraising, or insuring of housing.
  • reasonable accommodations in rules, practices and procedures for persons with disabilities.
  • non-discriminatory terms and conditions for the sale, rental, financing, or insuring of a dwelling.
  • freedom from harassment or intimidation for exercising their fair housing rights.

Under the REALTOR® Code of Ethics, REALTORS® cannot deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. REALTORS® cannot abide by a request from a home seller or landlord to act in a discriminatory manner in a sale, lease or rental.

If you suspect discrimination, you may file a complaint at https://www.dfeh.ca.gov/.

March 2023
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