Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act

HUD has released new guidance on Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act:

https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf

Commission Meeting of January 8, 2020

Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meetings:

Pending Cases: The Commission permanently revoked one license; entered into consent agreements to suspend five licenses; closed its case without action of 2 licenses; and ordered hearings involving six licensees.

License Applications Involving Character Issues: Applications for licenses from persons who have character issues such as prior criminal convictions or disciplinary action by another licensing board are separately reviewed by the Commission. Decisions are made based upon criminal background checks, information supplied by the applicant, and in-person interviews.
Total candidates reviewed: 34; total approved: 22.

License Examination Results: A summary of key data relating to persons taking the examination for the first time is provided below:

North Carolina Community College System: The Commission voted to allocate up to $30,000 from the Commission’s Education and Recovery Fund to assist the Community College System in development of an online prelicense education course. Ms. Baer indicated that she would enter into a memorandum of understanding with the Community College System to that effect.

Larry A. Outlaw Excellence in Education Award Proposal Revision: Staff provided the Commission with revised proposed criteria for the Larry A. Outlaw Excellence in Education Award. Upon the motion of Staff, the Commission adopted the criteria. The criteria will be used to make the award at the spring 2020 Educators Conference.

Emerging Trends: Staff reviewed with the Commission an article from The Charlotte Observer concerning housing vouchers.

Report on License Numbers: As of December 1, 2019, there are 110,210 brokers and firms licensed by the Commission, as follows:

• Active Brokers 72,733
• Active Provisional Brokers 8,929
• Inactive Brokers 25,196
• Inactive Provisional Brokers 8,509
• Firms 13,547
• Brokers-in-Charge 17,202
• BIC-Eligible Brokers 4,003
• Limited Nonresident Commercial Brokers 278

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, February 12, 2020, at the Commission’s office in Raleigh, North Carolina and is open to the public.

Commission Meeting of December 11, 2019

Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meetings:

Pending Cases: The Commission accepted the permanent voluntary surrender of one license; suspended two licenses; entered into consent agreements to suspend two licenses and revoke one license; voted to deny a request to reconsider a Consent Agreement previously approved; extended the time within which a licensee must satisfy the conditions of the Consent Order previously entered into with the Commission; denied the issuance of one license; and ordered hearings involving two licensees.

License Applications Involving Character Issues: Applications for licenses from persons who have character issues such as prior criminal convictions or disciplinary action by another licensing board are separately reviewed by the Commission. Decisions are made based upon criminal background checks, information supplied by the applicant, and in-person interviews. Total candidates reviewed: 16; total approved: 6.

License Examination Results: A summary of key data relating to persons taking the examination for the first time is provided below:

Proposed Text of Education Provider Rules: Staff reviewed with the Commission the proposed text of rules relating to education providers as necessitated by recent changes in the License Law, specifically, Rules H.0101, .0203 – .0208, .0210, .0303, .0305, and .0401. that were substantively changed since the last meeting. The Commission also received oral comments from Matt Davies on behalf of the North Carolina Real Estate Educators Association. Following a motion by Ms. O’Connor, the Commission voted to publish the proposed Rules for publication. Miriam Baer, Commission Executive Director, reminded attendees that formal comments should be submitted during the official comment period in order to be properly considered by the Commission.

Rules A .0305, .1705, and .1712: Staff reported that changes to Rules A .0305, .1705, and .1712 were approved by the Rules Review Commission and will go into effect January 1, 2020.

General Update and BICUP Courses: Staff reviewed with the Commission the list of possible Update course topics for fiscal year 2020-21 based on suggestions provided by Commission members and staff to date. The determined by the Commission members to have the highest priority include contract formation and related issues, cybersecurity, Fair Housing laws pertaining to service vs. assistance animals, and the NC DOT database of public/private streets and Subdivision roads. Additional topics prioritized for the Brokerin- Charge Update Course include Rule A. 0110 as it relates to supervision of provisional brokers on teams, and advertising. Upon the motion of Staff, the Commission authorized Ms. Hamlin and Ms. Crawford Heath to choose as many of the topics as needed to create the four-hour Update courses in accordance with the priorities established by the Commission.

Larry A. Outlaw Excellence in Education Award Criteria: Staff provided the Commission with proposed new criteria for the Larry A. Outlaw Excellence in Education Award. The Commission suggested changes in the outlined process; staff will revise the proposal accordingly and bring it back to the Commission at the January meeting.

Emerging Trends: Miriam Baer, Commission Executive Director, reviewed with the Commission a recent North Carolina Court of Appeals decision, Stevens v. Heller (COA19-344).

Report on License Numbers: The Commission was advised that as of December 1, 2019, there are 110,210 brokers and firms licensed by the Commission, as follows:

• Active Brokers 72,484
• Active Provisional Brokers 9,309
• Inactive Brokers 24,099
• Inactive Provisional Brokers 7,835
• Firms 13,352
• Brokers-in-Charge 17,118
• BIC-Eligible Brokers 3,963
• Limited Nonresident Commercial Brokers 275

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, January 8, 2020, at the Commission’s office in Raleigh, North Carolina and is open to the public.

Commission Meeting of November 13, 2019

Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meetings:

Pending Cases: The Commission accepted the voluntary surrender of one license; following a hearing, reprimanded one licensee; entered into consent agreements to suspend three licenses, reprimand three licensees, and revoke one license; closed one case without action; reconsidered and rescinded its previous decision to order a hearing involving one licensee and instead closed its case; and ordered hearings involving three licensees.

License Applications Involving Character Issues: Applications for licenses from persons who have character issues such as prior criminal convictions or disciplinary action by another licensing board are separately reviewed by the Commission. Decisions are made based upon criminal background checks, information supplied by the applicant, and in-person interviews.
Total candidates reviewed: 46; total approved: 29.

License Examination Results: A summary of key data relating to persons taking the examination for the first time is provided below:

Character Guidelines for Compliance with H770/S.L. 2019-91: Staff reviewed with the Commission draft character guidelines that comply with the new legal requirements and describe the applications staff will bring to the Commission for consideration. The Commission approved the new guidelines. Staff reported that to the extent the guidelines are relevant to license applicants, they will be posted on the Commission website.

Proposed Text of Education Provider Rules: Staff reviewed with the Commission in detail proposed text of rules relating to education providers as necessitated by recent changes in the Real Estate License Law. The Commission will vote in December on whether to begin the formal process of adoption and amendment of the rules as proposed or with changes.

North Carolina Community College System: Ms. Margaret Roberton, Associate Vice President, Continuing Education, NC Community Colleges, provided the Commission with information about North Carolina’s community college system and its workforce development and continuing education programs. The Commission discussed assisting the community colleges in the development of online Prelicensing and Postlicensing courses. The Commission was generally in favor of providing such assistance and asked staff to research the potential project and provide a proposal for consideration at a future meeting.

General Update and BICUP Courses: Staff reviewed with the Commission the list of possible update topics based on suggestions provided by Commission members and staff to date. Commission members were asked to communicate any other ideas for topics, and staff will add them to the list. The Commission will review all proposed topics and prioritize those deemed most important before making a final selection at the December
Commission meeting.

North Carolina Real Estate Educators Association Conference: Staff reported that several members of the Commission staff actively participated the fall NC Real Estate Educators Association (NC REEA) conference. Staff noted that the conference provided valuable information to the North Carolina’s real estate education community and recognized NC REEA President Travis Everette on organizing such a successful conference.

Emerging Trends: Miriam Baer, Commission Executive Director, reported on the recent decision by the National Association of REALTORS® (NAR) in support of a “clear cooperation policy” intended to limit its members’ use of “pocket listings.” Ms. Chandler reported that NAR also changed the frequency of its ethics training requirement. Ms. Baer also reported on a meeting at the NAR conference between representatives of the North Carolina REALTORS® and Airbnb.

Report on License Numbers: The Commission was advised that as of October 1, 2019, there are 108,434 brokers and firms licensed by the Commission, as follows:

• Active Brokers 72,484
• Active Provisional Brokers 9,309
• Inactive Brokers 24,099
• Inactive Provisional Brokers 7,835
• Firms 13,352
• Brokers-in-Charge 17,118
• BIC-Eligible Brokers 3,963
• Limited Nonresident Commercial Brokers 275

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, December 11, 2019, at Raleigh, North Carolina and is open to the public.

Commission Meeting of October 16, 2019

Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meetings:

Pending Cases: The Commission accepted the voluntary surrender of three licenses; following a hearing, reprimanded one licensee; entered into consent agreements to suspend four licenses and reprimand one licensee; rejected a proposed consent agreement involving one licensee; authorized injunctive relief if necessary involving one individual; reconsidered and rescinded its previous decision to order a hearing involving two licensees and instead closed its case; and ordered hearings involving 24 licensees.

License Applications Involving Character Issues: Applications for licenses from persons who have character issues such as prior criminal convictions or disciplinary action by another licensing board are separately reviewed by the Commission. Decisions are made based upon criminal background checks, information supplied by the applicant, and in-person interviews. Total candidates reviewed: 36; total approved: 26.

License Examination Results: A summary of key data relating to persons taking the examination for the first time is provided below:

Public Comments and Rule Text: Staff reviewed with the Commission the text of proposed amendments to Commission rules and the Commission approved the rules for publication in the North Carolina Register.

General Update and BICUP Courses: Staff reviewed with the Commission the list of possible Update topics based on suggestions provided by Commission members and staff to date. Staff asked Commission members to communicate any other ideas for topics to add to the list. The Commission will review all proposed topics and prioritize those deemed most important before making a final selection in the coming months.

Emerging Trends: Commission Member Cindy S. Chandler reviewed with the Commission an article from Inman News outlining Bright MLS’s new rule addressing pocket listings.

Report on License Numbers: The Commission was advised that as of October 1, 2019, there are 108,434 brokers and firms licensed by the Commission, as follows:

• Active Brokers 71,545
• Active Provisional Brokers 9,431
• Inactive Brokers 23,471
• Inactive Provisional Brokers 7,362
• Inactive Provisional Brokers 7,362
• Brokers-in-Charge 17,011
• BIC-Eligible Brokers 3,812
• Limited Nonresident Commercial Brokers 262

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, November 13, 2019, at Raleigh, North Carolina and is open to the public.

Commission Meeting of September 11, 2019

Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meetings:

Commission Meeting of September 11, 2019

Pending Cases: The Commission, following two hearings. revoked one license and, in the second case, adjourned to deliberate with a decision to be communicated at a later date; entered into consent agreements to suspend three licenses and reprimand five licensees; rejected a proposed consent agreement involving one licensee; extended the time within which a licensee must satisfy the conditions of the Consent Order previously entered into with the Commission; and ordered hearings involving 12 licensees.

License Applications Involving Character Issues: Applications for licenses from persons who have character issues such as prior criminal convictions or disciplinary action by another licensing board are separately reviewed by the Commission. Decisions are made based upon criminal background checks, information supplied by the applicant, and in-person interviews. Total candidates reviewed: 18; total approved: 15.

License Examination Results: A summary of key data relating to persons taking the examination for the first time is provided below:

Proposed Subject Matter for Rulemaking: Staff reviewed with the Commission a summary of proposed subject matter for rulemaking. The Commission directed the staff to proceed with the rulemaking process to clarify authorization of dual and designated agency and to proceed with rulemaking as to all the other topics described except the proposed change to Rule A .0104 concerning conflicts of interest by property managers.

Update on 12-hour Broker-in-Charge Course Development: Staff noted that the last in-person, classroom-based BIC Courses are this month and that on October 1 the new blended learning solution begins. The new requirements include completion of an 8-hour online component, followed by a four-hour “classroom” component and, either a live, online synchronous learning environment or in-person at the McKimmon Center in Raleigh.

Emerging Trends: Commission Member Cindy S. Chandler reviewed with the Commission an article from Inman News entitled, Keller Williams advises charging 0% to clients who sell to Offerpad.

Report on License Numbers: The Commission was advised that as of September 1, 2019, there are 108,429 brokers and firms licensed by the Commission, as follows:

• Active Brokers 70,950
• Active Provisional Brokers 9,475
• Inactive Brokers 23,272
• Inactive Provisional Brokers 7,163
• Firms 13,068
• Brokers-in-Charge 16,929
• BIC-Eligible Brokers 3,712
• Limited Nonresident Commercial Brokers 259

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, October 16, 2019, at Raleigh, North Carolina and is open to the public.

Commission Meeting of August 14 2019

Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meetings:

Commission Meeting of August 14, 2019

Pending Cases: The Commission accepted the voluntary surrender of one license; entered into consent agreements to permanently revoke one license, revoke one license, and suspend three licenses; rejected a proposed consent agreement involving one licensee; authorized its Regulatory Affairs Division to seek injunctive relief, if necessary, in one case; and ordered hearings involving 10 licensees.

License Applications Involving Character Issues: Applications for licenses from persons who have character issues such as prior criminal convictions or disciplinary action by another licensing board are separately reviewed by the Commission. Decisions are made based upon criminal background checks, information supplied by the applicant, and in-person interviews. Total candidates reviewed: 29; total approved: 26.

License Examination Results: A summary of key data relating to persons taking the examination for the first time is provided below:

New Instructor Seminar (NIS): Staff reported to the Commission on the new two-day format for the New Instructor Seminar, requiring live presentations by each participant in lieu of the previously required video. The NIS first offering was a success, generating positive feedback from the participants about the class and the Commission.

Emerging Trends: Commission Member Cindy S. Chandler reviewed with the Commission an article from the Inman News entitled, Amazon Gets into Real Estate with Major Realogy Partnership. The Commission also discussed the duty of property managers when advertising owners’ property in online, unlicensed rental booking sites.

Report on License Numbers: The Commission was advised that as of August 1, 2019, there are 106,476 brokers and firms licensed by the Commission, as follows:

• Active Brokers 70,224
• Active Provisional Brokers 9,318
• Inactive Brokers 23,073
• Inactive Provisional Brokers 7,017
• Firms 12,926
• Brokers-in-Charge 16,798
• BIC-Eligible Brokers 3,584

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, September 11, 2019, at Raleigh, North Carolina and is open to the public.

Hurricanes, Evacuations, and Vacation Rentals

With hurricane season well underway, a review of the laws governing hurricanes, evacuations, and vacation rentals is appropriate.

( 1) The first and most important thing to remember is that when state or local authorities order a mandatory evacuation of a coastal area, tenants occupying vacation rental properties must comply with the order. Evacuations are ordered to protect human life and health and are not undertaken lightly. Brokers managing vacation rental properties should support state and local authorities by encouraging and facilitating tenant compliance with evacuation orders.

(2) When a vacation tenant complies with an evacuation order, he or she is generally entitled to a refund of a share of the money he or she has paid for the rental (rent, security deposit, taxes, etc.) prorated for each night the evacuation order was in effect.

(3) There is an exception to this rule, however. If the tenant was offered travel insurance that covered the risk of mandatory evacuation, then the landlord has no obligation to refund the tenant’s money. To trigger the exception, the cost of the insurance offered cannot exceed 8% of the cost of the vacation rental and the policy cannot exclude the particular storm. It is important to note that some vacation rental insurance companies exclude coverage for storms that have been named by the National Hurricane Center prior to date the insurance was purchased. If a storm is named prior to the purchase of travel insurance and, if the insurance will not cover the tenant for losses or damages resulting from a mandatory evacuation or from damages and losses caused by the named storm, then the tenant is entitled to a refund from the landlord of all monies paid.

(4) If, following the storm and after any mandatory evacuation has been lifted, the landlord or his broker cannot provide a promised rental property to a vacation rental tenant – whether the reason is that the house was significantly damaged or that it is inaccessible due to damage to or closure of roads or ferries – the tenant is entitled to either a refund of his money or the substitution of a reasonably comparable property at the same cost. This refund may come in the form of a paid claim against travel insurance. Tenants and vacation rental managers are encouraged to read and understand the limits of coverage being offered.

(5) Go to readync.org which provides emergency management planning tips including information about current mandatory evacuations.

(6) Go to https://ncdoj.gov/price-gouging-law-in-effect-in-north-carolina-2/ for information about price gouging laws following the declaration of a state of emergency in North Carolina.

Commission Meeting of July 17 2019

Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meetings:

Commission Meeting of July 17, 2019

Pending Cases: The Commission accepted the permanent voluntary surrender of one license; entered into consent agreements to suspend five licenses; following a hearing, denied the application for reinstatement of one broker license; reconsidered its decision to require one licensee to complete the Commission’s Issues and Answers Course and instead ordered that the Consent Order addendum be amended to include a course on agency; and ordered hearings involving seven licensees.

License Applications Involving Character Issues: Applications for licenses from persons who have character issues such as prior criminal convictions or disciplinary action by another licensing board are separately reviewed by the Commission. Decisions are made based upon criminal background checks, information supplied by the applicant, and in-person interviews.
Total candidates reviewed: 18; total approved: 11.

License Examination Results: A summary of key data relating to persons taking the examination for the first time is provided below:

H770/S.L. 2019-91: Staff reported that House Bill 770, “Freedom to Work/Occupation Licensing Board Reform,” had passed the legislature and is now Session Law 2019-91. The Commission authorized staff to proceed with the temporary and regular rulemaking process related to the required character predetermination process, with the understanding that the Commission will review draft text at its next meeting, and a public hearing held later in the year in accordance with the requirements of the law.

Report on Broker, Firm, School, Sponsor, and Timeshare Renewals and Reinstatements: Staff reported that as of June 30, 2019, 94% of licensees (103,457) had renewed their licenses, as compared with 92% the prior year, and 94% the year before that. Staff noted as of July 17, 2019, the Commission has 104,714 total licensees. Staff reported that out of the 38 Timeshare Projects, 32 renewed by June 30, 2019, and 30 of the 32 renewed online. The Commission also received data on private school licenses, public school approvals, continuing education sponsor approvals, and instructor approvals.

CE Student Survey Report FY2019-20: Staff reviewed with the Commission the results of surveys of Continuing Education students conducted throughout the year and informed the Commission that the report will be provided annually in July.

Emerging Trends: Chair-elect Jeffery Malarney shared with the Commission an article from the Kellogg School of Management at Northwestern University concerning the relationship between startups and regulators.

Report on License Numbers: The Commission was advised that as of July 1, 2019, there are 103,557 brokers and firms licensed by the Commission, as follows:

• Active Brokers 68,624
• Active Provisional Brokers 8,511
• Inactive Brokers 22,214
• Inactive Provisional Brokers 6,639
• Firms 12,486
• Brokers-in-Charge 16,638
• BIC-Eligible Brokers 3,601

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, August 14, 2019, at Raleigh, North Carolina and is open to the public.

Opioid Crisis

We are partnering to support More Powerful NC, a public education campaign that launches this week to raise awareness about the opioid epidemic and empower North Carolinians to take action to address the crisis in their homes, neighborhoods, and communities.

The More Powerful NC campaign is supported by a coalition of North Carolina businesses, healthcare organizations, and state agencies that helped create, fund, and provide resources for this campaign, which was initiated by Attorney General Josh Stein and DHHS Secretary Mandy Cohen.

The campaign website, www.MorePowerfulNC.org, helps people understand the risks associated with opioids and provides treatment and recovery resources. The website also gives people a wide range of tools and ideas to get involved in their communities and be part of our work to confront the epidemic.

We hope that you will take the time to visit the More Powerful NC website, take the pledge to take action, and share the campaign website with friends and family. You can also share the social media post below to help others learn about the campaign (and don’t forget to use the hashtag #MorePowerfulNC).

The only way we can combat this epidemic is if we all step up and do our part. Together, we are stronger than the opioid crisis.