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A year ago, the Pennsylvania Association of Realtors announced it had installed its first black president, W. Preston Moore. Months later, Moore was suspended and joined the ever-increasing ranks of agents and brokers who have sued the National Association of Realtors over the requirement that they become Realtors in order to access the multiple listing service.
On Nov. 25, Moore, a veteran real estate agent at Howard Hanna, filed a lawsuit against NAR; the state Realtor associations for Pennsylvania, New York and New Jersey; the Pennsylvania Real Estate Commission; and the Black Caucus of the Pennsylvania House of Representatives “for discriminatory practices, antitrust violations, forced membership, and violations of civil rights, particularly regarding minority demographics and inequitable enforcement of rules.”
The suit targets NAR’s three-way agreement, which requires agents and brokers to join a local, state and national Realtor association in order to qualify for membership in any of those NAR affiliates. It also targets a common rule enforced by many Realtor-affiliated MLSs that they join NAR in order to access the MLS. NAR itself does not require Realtor membership for MLS access.
W. Preston Moore
“NAR’s Multiple Listing Service (MLS) systems effectively force real estate professionals into NAR membership to access MLS listings, essential for conducting transactions,” the complaint says.
“These practices stifle competition and limit market access, forcing professionals to comply with NAR’s rules and dues without viable alternatives.
“Forced membership disproportionately affects minority and lower-income professionals who may lack the financial means to pay the imposed dues.”
PAR CEO Michael McGee; PAR Chief Legal Officer Hank Lerner; PAR Chief Growth Officer Kevin Juliano; current-PAR President Bill Lublin; PAR President-elect David Dean; PAR members Albert Perry III and Chris Beadling; and Kathryn L. Simpson of Mette, Evans & Woodside, an attorney for the New York and New Jersey Realtor associations, were also named as defendants.
Moore’s suit is similar to the suit filed by Pennsylvania broker Maurice Muhammad in October. Suits challenging the same policies have also been filed in Michigan, Texas, California and Louisiana.
Like Muhammad, Moore filed his suit “pro se,” which means he is representing himself. Moore filed his suit in the U.S. District Court for the Western District of Pennsylvania while Muhammad filed in the U.S. District Court for Eastern Pennsylvania.
Also like Muhammad, Moore’s suit alleges discrimination against minorities in regards to the handling of ethics complaints.
“Minority members, including Plaintiff, have faced unequal enforcement of ethical standards, while white members engaging in similar conduct are not held accountable,” the complaint says.
“Leadership structures within NAR and PAR favor non-minority individuals, leading to policies that fail to protect minority members.”
Moore alleges bias from NAR and PAR regarding the “inadequate handling of complaints and a lack of support for minority members seeking redress.”
In particular, Moore, accuses NAR of failing to “provide due process in the context of harassment allegations, particularly where high-level leaders within a Realtor association are implicated” and said the allegations, which were not specified, had not been thoroughly investigated.
“Plaintiff has been unlawfully suspended, indicative of a broader culture within the organizations that fosters retaliation and microaggressions against minority members,” the complaint says.
According to PAR, in June Moore was suspended for one year, meaning temporary loss of state-level membership rights and privileges, until June 25, 2025.
Michael McGee
Regarding Moore’s suspension, McGee told Inman that, in order to protect confidentiality, PAR was “not at liberty to disclose the circumstances of Mr. Moore’s suspension.”
Still, in a statement, McGee stressed that “an investigatory process was conducted prior to the suspension based on association policy” and that Moore was not removed from his position as 2024 president, “but was unable to perform the duties of President during the suspension.”
Moore declined to comment for this story.
Moore’s complaint accuses the defendants of violating the federal Sherman and Clayton Acts by “establishing a monopoly over the real estate profession through forced membership.”
The complaint also alleges violations of the Civil Rights Act of 1964 and the Fair Housing Act; breach of contract; and violation of due process rights under the Fourteenth Amendment of the U.S. Constitution.
The complaint demands a jury trial and seeks a court order declaring the defendants’ actions unlawful and discriminatory; injunctions to require the defendants “to reform their processes to ensure equitable treatment of all members” and to prohibit them from “engaging in forced membership practices;” and Moore’s reinstatement as the 2024 president of PAR “with all rights/duties.”
The complaint also seeks compensatory damages, punitive damages and attorneys’ fees.
McGee said PAR “does not comment on pending or potential litigation.”
Inman has reached out to NAR and will update this story if and when a response is received.
Editor’s note: This story has been updated to note that Moore declined to comment.
Read the complaint (re-load page if document is not visible):
