In his recent article, “Repeal the Speech Code,” Rob Hahn has urged the National Association of REALTORS® (NAR) to reconsider its controversial Standard of Practice 10-5. This policy, implemented in 2020, prohibits REALTORS® from using harassing or hate speech, epithets, or slurs based on protected classes, such as race, religion, and gender identity, in both professional and personal settings. Hahn argues that while intended to promote inclusivity, the policy overreaches and restricts REALTORS®’ freedom of speech outside of real estate-related activities.
The case of Brandon Huber, a REALTOR® and pastor, illustrates Hahn’s concerns. Huber was penalized under Standard of Practice 10-5 after making statements as a church leader unrelated to his real estate profession. His case raised questions about the balance between personal belief expression and professional standards, with Hahn emphasizing that the Speech Code “tells members what they can and cannot say in their private lives.” Similarly, NAR has faced debates over whether misgendering or expressing personal political beliefs could be deemed hate speech, as highlighted in discussions covered by Inman News. REALTORS® questioned how subjective interpretations might lead to unintended disciplinary actions, such as mistakenly using the wrong pronoun or expressing certain religious beliefs.
Hahn argues that repealing Standard of Practice 10-5 would not only protect REALTORS®’ personal freedoms but could also avoid divisive conflicts within NAR’s membership. He warns that maintaining the Speech Code may alienate members and draw unwanted attention from a new administration focused on freedom of speech. As Hahn states, “The right thing to do is sometimes the smart thing to do. When that happens, the only thing to do… is to do it.”
The full text of Hahn’s article is available below for those interested in the broader implications of this policy on NAR’s members and the real estate industry.
