On Friday, April 24, the U.S. Department of Housing and Urban Development (HUD) sent a “Dear Colleague” letter to HUD-funded fair housing organizations and real estate professionals emphasizing that it is not a violation of the Fair Housing Act to share information with prospective homebuyers about neighborhood crime rates and school quality data.

The National Association of REALTORS® (NAR) agrees that consumers seeking information about neighborhood schools and crime should have access to accurate and complete data during their home search. Consistent with this position, NAR’s Code of Ethics and Standards of Practice explicitly allow members to share neighborhood demographic information, as long as it is not racial, ethnic, or religious. Since the 1980s, NAR guidance has encouraged members to share objective, factual information about schools and crime, provided by a reliable third-party source. At the same time, NAR has advised caution about the way these topics are discussed. Subjective commentary, personal opinions, or hearsay about schools or crime have been cited as evidence of discriminatory intent and intentional steering in numerous fair housing legal cases.

NAR’s guidance on crime data and school quality has been consistent for decades. NAR’s guidance on these topics from handbooks and manuals, informed by fair housing case law, include:

As the leading voice for real estate professionals, the National Association of REALTORS® brings deep expertise in fair housing and its application in practice every day. NAR will continue to review HUD’s letter and its implications for our members and the consumers they serve. NAR appreciates the opportunity to further engage HUD and other stakeholders to ensure clear guidance that supports both compliance and the ability of REALTORS® to effectively serve clients in every ZIP code across the country.