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Last year, the Pennsylvania Association of Realtors announced that it had installed its first black president, W. Preston Moore. Months later, Moore was suspended and joined an ever-growing group of agents and buyers who sued the National Association of Realtors over the requirement that they be Realtors to access the multiple listing service.
On November 25, Moore, a veteran real estate agent at Howard Hanna, filed a lawsuit against NAR; the state Realtor associations of Pennsylvania, New York and New Jersey; Pennsylvania Housing Commission; and the Black Caucus of the Pennsylvania House of Representatives “for discriminatory practices, antitrust violations, forced membership, and civil rights violations, particularly with respect to minorities and unequal application of laws.”
The lawsuit targets NAR’s three-way agreement, which requires agents and sellers to join a local, state and national association of Realtors in order to qualify for membership in any of those NAR affiliates. It also outlines the general rule used by most MLSs that deal with a Realtor to join the NAR to access the MLS. NAR itself does not require Realtor membership to gain access to the MLS.
W. Preston Moore
“NAR’s Multiple Listing Service (MLS) programs compel real estate professionals to become NAR members in order to receive MLS listings, which is essential to doing business,” the complaint states.
“These practices stifle competition and limit market access, forcing professionals to comply with NAR rules and fees without effective alternatives.
“Mandatory membership disproportionately affects minorities and low-income earners who may lack the funds to pay the prescribed fees.”
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, are also named as defendants.
Moore’s suit is similar to a lawsuit filed by Pennsylvania businessman Maurice Muhammad in October. Suits challenging similar policies have also been filed in Michigan, Texas, California and Louisiana.
Like Muhammad, Moore filed his case “pro se,” meaning he represents himself. Moore filed his lawsuit in the US District Court for the Western District of Pennsylvania while Muhammad filed his lawsuit in the US District Court for the Eastern District of Pennsylvania.
And like Muhammad, Moore’s lawsuit alleges discrimination against minorities in the handling of ethics complaints.
“Minority members, including Plaintiff, have faced equal application of the standards of conduct, while white members who behaved in the same manner are not held accountable,” the complaint states.
“Leadership structures within NAR and PAR favor non-minorities, resulting in policies that fail to protect minority members.”
Moore blames bias from NAR and PAR on “mishandling of complaints and lack of support for minority members seeking redress.”
In particular, Moore accused the NAR of failing to “provide due process in the event of allegations of harassment, particularly when high-level leaders within the Realtor association are involved” and said the allegations, which were not specified, were not properly investigated.
“The plaintiff was unlawfully suspended, reflecting a widespread culture within the organization that promotes retaliation and violence against minority members,” the complaint states.
According to the PAR, in June Moore was suspended for one year, which means a temporary loss of rights and privileges of membership of the state level, 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.” Moore.”
Nevertheless, in the statement, McGee emphasized that “an investigative process was carried out before the suspension based on the policy of the organization” and that Moore was not removed from his position as president in 2024, “but he was not able to perform the duties of the President during the suspension. .”
Moore’s complaint accuses the defendants of violating the Sherman and Clayton Acts by “establishing the owner of a real estate business with 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 to the US Constitution.
The complaint seeks a mistrial and seeks a court order declaring the defendants’ actions illegal and discriminatory; orders requiring the defendants “to change their practices to ensure equal treatment of all members” and prohibiting them from “engaging in forced membership practices;” and Moore’s reinstatement as PAR president for 2024 “with all rights/duties.”
The complaint also seeks compensatory damages, punitive damages and attorneys’ fees.
McGee said PAR “does not comment on litigation.”
Inman has reached out to NAR and Moore and will update this story if and when responses are received.
Read the complaint (reload the page if the document is not visible):
Email Andrea V. Brambila.
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