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August 2020 A MONTHLY NEWSLETTER FOR THE SAN ANTONIO AREA REALTORS ® KEEPING POSTED 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 Introducing the Private Listing Database Legal & Ethics 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 Tenants and Service Animals 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. 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 one- on-one video appointment at www.sabor.com/appointment, or you may also email [email protected] 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.

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Page 1: KEEPING POSTED August 2020...August 2020 A MONTHLY NEWSLETTER FOR THE SAN ANTONIO AREA REALTORS® KEEPING POSTED NAR’s Clear Cooperation Policy, which went into effect on May 1st,

August 2020

A MONTHLY NEWSLETTER FOR THE SAN ANTONIO AREA REALTORS®

KEEPING POSTEDNAR’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

Introducing the Private Listing Database

Legal & EthicsWith 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

Tenants and Service Animalslevel 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.

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 one-on-one video appointment at www.sabor.com/appointment, or you may also email [email protected] 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.

Page 2: KEEPING POSTED August 2020...August 2020 A MONTHLY NEWSLETTER FOR THE SAN ANTONIO AREA REALTORS® KEEPING POSTED NAR’s Clear Cooperation Policy, which went into effect on May 1st,

San Antonio - The San Antonio Board of REALTORS® has announced positive increases across the board for the housing market for the San Antonio area. The report showed 3,823 homes sold in San Antonio during the month of June, an increase of 14%. The month of June shows an increase in all four categories indicating stability in the market. This is according to the Multiple Listing Service Report from the San Antonio Board of REALTORS® (SABOR) which reports on all areas contained within the MLS.

“The increasing sales numbers display a positive outlook for the housing market in San Antonio and surrounding area, which means we can expect that the remainder of the summer will follow a similar pattern of positive sales,” said Kim Bragman, SABOR’S 2020 Chairman of the Board. “The expansive area of San Antonio, in addition, helps offer a spectrum of homes that also may keep the numbers stable.”

Compared to June 2019, San Antonio’s average price of a home increased by 3%. Year-to-date, the average price has shown an increase of 5% to $278,395. Since the start of 2020, there have been 9,089 active listings, and 16,840 total home sales in the city with an average of 64 days on the market. This further demonstrates the ongoing supply of homes as they sell.

In a year-to-date, year-over-year comparison, Bexar County fairs well compared to Travis (-10.7%) Harris (-4.9%) and Dallas County (-6.8%.) Each of these counties indicates a decrease while Bexar county shows a promising 3.4% increase.

As predicted, June has shown to be a strong buying season. This can be seen by the pending sales of homes (3,785). An additional 931 homes are pending from June through July, consequentially resulting in a 32.6% increase.

June Numbers on the Rise for Home Buying According to San Antonio Board of REALTORS® Monthly Housing Trends Report

San Antonio Area June 2020

$292,290

Average Price

$251,700

Median Price

3,823

Total Sales

Page 3: KEEPING POSTED August 2020...August 2020 A MONTHLY NEWSLETTER FOR THE SAN ANTONIO AREA REALTORS® KEEPING POSTED NAR’s Clear Cooperation Policy, which went into effect on May 1st,

UPCOMING BOARD EVENTSAugust 2020

A COMPLETE LIST OF COMMITTEE MEETINGS, EDUCATION COURSES AND OTHER BOARD EVENTS CAN BE FOUND ONLINE AT MEMBER.SABOR.COM

WELCOME NEW AFFILIATE MEMBERSDeMarcus Berry - Berry Group Inspection

Andrew Draper - San Antonio BugStopJose A. Garayua - Buyers Protection Group

Cullen Jones - Buyers Protection GroupMichael Monserrat - Veteran Home Inspections, PLLC

Wesley Robinson - Shoot2SellOlivia Schramme - Krismas Enterprises LLC

Frank A. Vance - Olmos Professional InspectionJuan Pablo Villamarin - Lucente Services

Our thoughts and prayers go out to REALTOR® Toni Mobley on the loss of her father, and the friends and family of REALTOR® Jim McClung.

THOUGHTS & PRAYERS

SABOR City Hall Visit: Councilwoman Dr. Adriana Rocha Garcia (District 4)17

SABOR 2021 Committee Applications Deadline28

TREC Virtual Tour11

Page 4: KEEPING POSTED August 2020...August 2020 A MONTHLY NEWSLETTER FOR THE SAN ANTONIO AREA REALTORS® KEEPING POSTED NAR’s Clear Cooperation Policy, which went into effect on May 1st,

Nominations for SABOR’s 2020 Awards

Apartment & Relocation CenterBarton CarpetsFidelity National Home Warranty

Independence TitleLegacy Mutual MortgagePiece of Mind Property ManagementSpace on the Fly

SWBC Mortgage CorporationTAPFCU

Old Republic Home

Chicago Title Gateway Mortgage Group

Jefferson Bank

Thank You to Our SABOR Advertisers

BronzeSilver

Gold

Monique Bordelon

Kevin Crawford

William Curtis

Donna Drayton

Katie Griffin Ross

Jan Hicinbothom

Diane Lauer

Trudy Pape

Renae Pretty

Susan Rodriguez

Mindi Stange

Reagan Williamson

ChairmanKim Bragman

Chair-ElectCher Miculka

Secretary/TreasurerTracie Hasslocher

Members-At-LargeSara Briseño Gerrish | Marquis Williams

Immediate Past ChairGrant Lopez

BOARD OF DIRECTORS

Do you know someone who has excelled in the industry this year? Nominate them for a SABOR award! You can nominate your peers or yourself in the following categories:

REALTOR® Salesperson of the Year REALTOR® Broker of the Year REALTOR® Rookie of the Year Manager of the Year Lifetime Distinguished Service Award Property Management Specialist of the Year Joseph M. Cullinan Farm & Land Specialist of the Year Commercial Award Legislative Champion Good Neighbor Award Affiliate of the Year Builder of the Year REALTOR® Champion

A detailed description of each award and criteria can be found online at www.member.sabor.com. You may submit multiple nominations but must submit separate nominations for each person and category. Use our online form to submit your choices for the most deserving in the industry.

Platinum

Connect with SABOR on Social Media Want to stay up-to-date with what’s going on at your association? If so, go to your preferred social media platform and like the San

Antonio Board of REALTORS®! SABOR is active on Facebook, Twitter, Instagram, LinkedIn, Pinterest and YouTube. Each of these platforms are curated to provide our

members with information about what is going on at the association as well as a way for you to stay engaged in your membership. On our social media channels, you will find information about upcoming events, infographics and news content to share with your clients, and monthly market statistics data.

In addition to SABOR’s channels, our REALTOR® Academy also has a Facebook page. Following their page will provide you with special course offering information, flash sales, and let you know about upcoming courses you may be interested in. To follow REALTOR® Academy, log in to Facebook and search for us by typing in @RealtorAcademy.

If you’re interested in keeping up with SABOR’s Government Affairs Department, request to join their private Facebook page. This group will keep you informed about what is going on in your local government as well as information about TREPAC and its work protecting private property rights.

Get connected with us today! Use the handles below to find us on your favorite social media platform. Facebook: @SanAntonioBoardofREALTORS Twitter: @SABoardREALTORS Instagram: @ saboardrealtors YouTube: @SABoardofREALTORS LinkedIn: linkedin.com/company/san-antonio-board-of-realtors