KEEPING POSTED August 2020
A MONTHLY NEWSLETTER FOR THE SAN ANTONIO AREA REALTORS ®
Introducing the Private Listing Database NAR’s Clear Cooperation Policy, which went into effect on May 1st, requires that within one (1) business day of marketing a listing to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. We needed to implement this policy locally in a way that makes sense for our unique market. And our MLS Committee as well as a work group of SABOR members representing a cross-section of backgrounds and practice areas worked diligently on a solution. The result of these efforts is the development of specific enhancements to connectMLS including a new Private Listing Database. Housed inside of connectMLS, the Private Listing Database is a separate database of listings with modified requirements that allow you to enter private listings while complying with MLS rules and limiting distribution. This database is accessible by all MLS Participants, has a quick entry format to allow inputting a listing in just three minutes, has no time frame requirement for how long a listing can remain there, has no photo requirement (though photos can be uploaded if desired), is excluded from all data feeds including IDX, VOW, BBO and syndication, and is available for all property types. A listing in the Private Listing Database allows agents to see it, but it will not be made public for consumers. There may be times as an agent that you will need to promote a property but by request from the seller, it cannot be
featured as a General MLS listing. A listing in the Private Listing Database allows you to fulfill this obligation. Listings in this database also do not accumulate Days on Market, do not have links built in the listing for tax or ShowingTime functionality, and do not have the option for client reports or email reports to clients. Because learning a new process takes time, SABOR’s Board of Directors has chosen to begin implementing this policy in a way that prioritizes education over penalty. This means for the remainder of 2020, if you have a listing that does not conform with the policy’s requirements, including entry into the Private Listing Database when appropriate, we will work with you to bring your listing into compliance rather than penalizing you. If you’re ready to start using the Private Listing Database and have questions, contact SABOR’s Member Care team. You may schedule a oneon-one video appointment at www.sabor.com/appointment, or you may also email support@sabor.com or call 210-593-1206. Additional education will be made available, so please stay tuned for further details. For more information on the Clear Cooperation Policy and the Private Listing Database including Frequently Asked Questions, a recorded webinar from NAR’s Director of MLS Engagement, and other resources which provide a comprehensive breakdown of what implementation looks like for SABOR MLS Subscribers, visit www.sabor.com/ccp.
Legal & Ethics
Tenants and Service Animals With all the COVID-19 news coverage, you may have missed an important development from earlier this year: the release of guidance by the Department of Housing and Urban Development (HUD) regarding Assistance Animals. Do you know what happens if a prospective tenant comes to you with their Service Animal, a toucan named Sam, and they need Sam to be with them in the rental unit? You may have questions like, does your tenant’s request need to be in writing or is an oral request sufficient? Can you charge a pet deposit for Sam? This new HUD guidance can help you answer your prospective or current tenant’s questions. Regarding your tenant’s request, it does not have to be in writing or contain any magic language like “Service Animal” or “Support Animal.” Requests for accommodation can be made orally, in writing, or made by someone on behalf of a person with a disability. According to HUD, Assistance Animals can fall into two categories: (1) Service Animals, and (2) other trained or untrained animals that perform: work, tasks, assist or provide therapeutic or emotional support to a person with a disability (sometimes referred to as “Support Animals”). It is important to remember that Assistance Animals are not pets. A housing provider cannot charge deposit fees in relation to an Assistance Animal. In fact, according to HUD, most Fair Housing Act (FHA) complaints deal with requests for reasonable accommodations associated with Assistance Animals and this number continues to rise. So, what is a Service Animal? What is a Support Animal? HUD has stated that persons that provide housing should look to the Americans with Disabilities Act (ADA) guidelines to determine when an animal qualifies as a Service Animal and FHA guidelines to determine when an animal qualifies as a Support Animal. According to the ADA, a Service Animal is a “dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory psychiatric, intellectual, or other mental disability.” As such, any animal other than a dog is not a Service Animal. The FHA does not have the same
level of specificity when it comes to defining Support Animals. Under FHA guidance, housing providers are required to allow as a reasonable obligation the use of animals that perform: work, tasks, assist or provide therapeutic or emotional support to a person with a disability. This article focuses on Service Animals, but if you have questions about Support Animals, please contact an attorney to get a better assessment of the specific facts surrounding your particular situation. HUD guidance identifies some questions that you can ask to determine if Sam the toucan qualifies as a Service Animal. 1. Is the animal a dog? If yes then second, is it readily apparent that the dog is trained to do work or perform tasks for the benefit of an individual with a disability (has the dog been observed guiding the requesting individual, pulling a wheelchair, providing assistance with stability or some other noticeable disability)? If the answer to this second question is yes, then according to the HUD guidance, the inquiry is over and further requests would be inappropriate. If it is not readily apparent, then you may make additional inquiries. However, your inquiry should remain limited to if the animal is required because of a disability and what task the animal has been trained to perform. Do not ask about the nature or extent of the disability or for documentation of the disability. If the animal is not required because of a disability or trained to perform work or tasks, the animal is not a Service Animal. 2. If the animal is not a dog, then further assessment is probably needed. The animal may be another type of Assistance Animal and you may still need to provide the requested accommodation under the FHA. According to the recent HUD guidance, Sam is not a Service Animal. This does not mean that Sam is not a Support Animal and that you can ignore your tenant’s request for an accommodation. As such, before denying your tenant’s request for accommodation, consult with an attorney.