After years of heated debate over SOP 10-5, the National Association of REALTORS® just revised its Code of Ethics with more precise language around harassment and hate speech.
On Thursday, the NAR Board of Directors voted to ratify changes to Standard of Practice 10-5 (SOP 10-5) and Professional Standards Policy Statement 29, both tied to Article 10 of the Code of Ethics, which addresses fair housing and equal opportunity.
How that went:
- 624 voted in favor of the changes
- 248 opposed them
The decision updates the language around harassment and clarifies when the policy applies. And the implications could be huge.
Here’s what it means for you, your brokerage, and your next ethics training.
Why This Matters
SOP 10-5 has been a lightning rod since it was introduced in 2020 to prohibit hate speech, slurs, and epithets—both online and offline.
The policy’s broad application sparked debates around freedom of speech, enforceability, and the blurry line between personal and professional conduct.
This update narrows the scope while strengthening the definitions, essentially bringing the policy closer in line with industry norms used by other national trade associations.
As NAR President Kevin Sears explained:
“NAR continually assesses and, when appropriate, amends the Code of Ethics to ensure the specific articles are clear in their language and intent, and can be enforced fairly and consistently.
“Consistent with our deep commitment to upholding principles of fair housing and equal treatment for all consumers, these amendments provide clarity to our members, reduce risk for state and local associations enforcing the Code of Ethics, and bring Article 10 in line with similar requirements applied by other large trade associations.”
What Changed, Exactly?
The updated language is focused on defining what constitutes harassment and limiting enforcement to instances where REALTORS® are acting in a professional capacity, not in purely personal or private contexts.
According to the newly ratified policy, REALTORS®:
“In their capacity as real estate professionals, in association with their real estate businesses, or in their real estate-related activities, shall not harass any person or persons based on race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity.”
And the revised definition of harassment is now:
“Unwelcome behavior directed at an individual or group based on one or more of the above protected characteristics where the purpose or effect of the behavior is to create a hostile, abusive, or intimidating environment which adversely affects their ability to access equal professional services or employment opportunity.”
In short, this isn’t about policing political opinions or edgy social media posts from someone’s backyard BBQ. It’s about ensuring that real estate professionals treat all consumers and colleagues fairly while acting in their role as REALTORS®.
Context: A Look Back at SOP 10-5
Originally passed in 2020, SOP 10-5 added clarity to Article 10 by explicitly prohibiting:
- Harassing speech
- Hate speech
- Epithets
- Slurs
Violations are charged under Article 10, which prohibits denying equal professional services or employment opportunities based on protected class status.
The 2025 update brings three key shifts:
- Alignment – Brings NAR’s definition of harassment in line with its Member Code of Conduct.
- Clarity – Narrows the scope of enforcement to professional and business-related settings.
- Consistency – Mirrors policies used by other national trade associations.
Industry Reactions
The reaction has been mixed, with some applauding the clarification and others worried about how the policy will be interpreted moving forward.
Rob Hahn, aka Notorious ROB, was among those more than ready for the change, as his recent Tweet makes clear:
Good news: NAR changes its immoral, unethical, and likely illegal Speech Code 10-5.
Now, NAR needs to make restitution to those who were unjustly harmed and persecuted under 10-5 and punish those who weaponized it against them.https://t.co/sJRZZuEJzZ
— Robert Hahn (@robhahn) June 5, 2025
Hahn isn’t the only one who’s been openly critical of NAR’s hate speech policy. If you watched the two most recent episodes of The Real Word, you heard Byron Lazine’s and Nicole White’s take on NAR’s statement that their Code of Ethics sets Realtors® from other real estate agents.
You also heard statements like:
- “I don’t think NAR should be the arbiter of hate speech.”
- “NAR is basically going to say, ‘Follow the state laws.’ Okay…no kidding. What do we need you to make rules for?”
- “Harassing speech, hate speech, slurs—these are already illegal. So I don’t know what the Code of Ethics restating the law really gets you.”
- “I think a lot of [ethics] is just: be a good person. Do the right thing.”
When it comes to the practical value and enforceability of NAR’s Code of Ethics, there’s more than enough skepticism to go around, especially when it overlaps with existing laws.
Key Takeaways for Agents
Whether or not you’ve ever faced an ethics complaint, this update is worth your attention:
- If you’re acting in a professional or business-related capacity, your conduct is subject to Article 10, whether in person, over email, or online.
- The definition of harassment has been clarified, which helps agents, brokers, and associations better understand where the line is.
- Fair housing isn’t just about how you treat clients; it’s about how you show up in the industry. Your words matter, especially when they affect others’ access to housing or opportunity.
Expect more commentary as state and local associations begin applying the updated policy in real-world ethics complaints.
