In November 2020, the National Association of REALTORS® (NAR) updated its code of ethics and standard practices for members with a ban on the use of hate speech:
“REALTORS® must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation or gender identity.”
The code has not gone without its challenges. NAR itself will be considering amendments to the code at its 2025 REALTOR® Legislative Meetings in Washington, D.C., held from May 31 to June 5, 2025.
However, a separate potential challenge to the code—coming in the form of a state law—has been put on the backburner.
SB 2713, a bill in the Texas legislature, would have enforced new rules on trade associations’ membership practices—including NAR. The bill was passed in the Texas state senate, but never voted on in the house, and has now missed a key deadline needed for it to advance.
The goal of the bill was “preventing discrimination in membership in a professional or trade association or organization,” per the text. The bill continued that a “professional or trade association organization” may not deny membership or participation based on a person’s “race, color, religion, sex, disability, familial status or national origin,” but also based on any exercise of freedom of speech or assembly, “notwithstanding any provision of the association’s or organization’s bylaws.”
The bill continues that “a person aggrieved by a violation” of the law may bring legal action against the trade association in question.
Some interpreted SB 2713’s provisions as, at least in part, a response to NAR’s revised code of ethics. The bill also attracted the support of several real estate professionals, including some who testified in support of the bill before the Texas legislature in April 2025.
One of the bill’s supporters, Montana REALTOR® Brandon Huber, had previously in November 2021 been cited under NAR’s code of ethics. Huber, a pastor, withdrew his church’s support from a food assistance program that also promoted LGTBQ+ rights. A member of the public subsequently reported this as a violation of NAR’s code of ethics. The LGBTQ+ Real Estate Alliance also asked that NAR distance themselves from Huber during this period.
Huber responded in turn with a lawsuit against NAR and the Missoula Organization of REALTORS® (MOR) to void the anti hate speech rule. The suit was dismissed by a Missoula county district judge in April 2022. MOR subsequently ruled that July that Huber had violated the ethics code with an anti-LGBTQ+ social media post, though not with the initial action of breaking ties with the food bank.
“Let me be clear, this is NOT the end. We are not walking away. We are not backing down. We are rising again,” said Huber in a post on X (formerly Twitter) in response to the news of SB 2713 not passing.
At the NAR Legislative Meetings commencing this weekend, the association will reportedly be exploring how to ensure the ethics code “remains up to date—and that its language and intent are clear and can be enforced fairly and consistently.” Updates being considered include defining a more specific meaning of “harassment” and focusing the code on how REALTORS® conduct themselves in a professional capacity.
Follow RISMedia for updates on this developing story.
