Inman

Repealing CCP will create ‘2-tiered’ housing market, NAHREP warns

Credit: Canva Pro Photos

Whether it’s refining your business model, mastering new technologies, or discovering strategies to capitalize on the next market surge, Inman Connect New York will prepare you to take bold steps forward. The Next Chapter is about to begin. Be part of it. Join us and thousands of real estate leaders Jan. 22-24, 2025.

The National Association of Hispanic Real Estate Professionals is putting its muscle behind maintaining Clear Cooperation, a policy that requires brokers to submit a listing to their multiple listing services within one business day of marketing a property to the public.

NAHREP, which has more than 40,000 members and 100 chapters, said repealing CCP would lead to the proliferation of private listing networks and create a “two-tiered” system where homebuyers —  especially those from marginalized communities — wouldn’t be able to compete in the housing market.

TAKE THE INMAN INTEL INDEX SURVEY FOR NOVEMBER

“This policy helps ensure all buyers have equal access to available properties, fostering transparency and promoting fair housing in the real estate market,” NAHREP said in a statement to Real Estate News on Monday. “Fair housing practices, particularly transparency in property listings, are critical to dismantling systemic barriers that have historically disadvantaged Hispanics and other marginalized communities.”

“Ensuring consumers and agents have fair and transparent access to real estate information, including listings, is essential in addressing housing discrimination,” they added. “Private listing networks (PLNs), which limit access to a select group of buyers, risk creating a two-tiered system that excludes underserved buyers, including Hispanics who have faced discrimination in the past.”

NAHREP said the potential repeal of CCP would do major damage to the Hispanic community, which has tallied significant gains in household formation and homeownership rates. According to 2022 U.S. Census Bureau statistics, Hispanic household formation has grown by 2.3 million since 2014. That household formation growth has contributed to a homeownership rate of 48.6 percent — the second-highest homeownership rate among minority groups.

“[We] believe such exclusionary practices not only hinder homeownership growth for Hispanic buyers but also contradict the principles of fair housing,” NAHREP said. “Agents also need fair and transparent access to real estate listings to adequately serve homebuyers, including Hispanic homebuyers.”

NAHREP joins a growing number of associations, brokerages and companies that have been pushing the National Association of Realtors to keep CCP, despite pressure from critics who say the policy undermines consumer choice. Compass CEO Robert Reffkin has been the biggest critic of CCP, alleging the policy forces agents to break their fiduciary duty to clients who don’t want to list their homes on the multiple listing service for safety reasons. However, according to previous Inman reporting, CCP doesn’t force homesellers to put their home in the MLS if they don’t want to publicly market it.

“As Realtors, it’s crucial to preserve client confidentiality — as defined by the client and state laws — even when policies such as the Clear Cooperation Policy promote greater transparency,” Reffkin wrote in a Sept. 20 op-ed. “While rooted in a desire to improve transparency, NAR’s Clear Cooperation Policy can inadvertently lead Realtors to breach the ethical codes NAR established to guide their profession and state laws.”

“By understanding that each client situation is unique and often requires a tailored approach, NAR would do well to avoid conflicting policies that risk interfering with Realtors’ ability to uphold their ethical obligations,” he added.

NAR avoided CCP during its latest NXT conference, with the Association’s Director of Engagement Rodney Gansho telling attendees that NAR feels no pressure to make a rushed decision about CCP, whether it’s repealing the rule or making amendments, such as removing the office exclusive exemption.

”CCP is not on the agenda for NXT because the MLS Technology and Emerging Issues Advisory Board opted not to make a recommendation about CCP at its last meeting and turned feedback it received to the NAR Leadership Team,” an NAR spokesperson said in a follow-up email to Inman. “That feedback, in addition to other input we have received following the last meeting, is in evaluation as NAR considers next steps.”

Email Marian McPherson