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    October 21, 2005

    Department proposes new advertising restrictions. The Illinois Department of Financial and Professional Regulation has proposed an administrative rule under the Real Estate License Act that expands the rules regarding deceptive and misleading advertising. The proposed rule adds "advertising a property in a manner that creates a reasonable likelihood of confusion regarding the permitted use of the property" to the list of examples of "deceptive and misleading" advertising. The proposed rule then goes on to specify that any advertisement for a property zoned single-family that contains words or phrases suggesting multi-dwelling use, including but not limited to "apartment," "two units," "related living," "in-law arrangement," or "related apartment" shall be deemed to be deceptive and misleading advertising. The rule is apparently aimed at addressing complaints that the Department has received regarding the marketing of single-family dwellings as multi-family dwellings. The current license law and rules prohibit advertising which is actually deceptive and misleading and which can result in enforcement actions against licensees.

    IAR has expressed strong opposition to the Department regarding the proposal. As currently drafted, the rule would make it a license law violation to use the specified words or phrases, even if those words and phrases accurately and truthfully describe the legal use and nature of the property. The proposed rule raises serious First Amendment free speech issues and may have fair housing implications as well.

    An official public comment period commences upon the Department's filing of the proposed rule with the Secretary of State. IAR is in the process of preparing comments on behalf of our members, and we will share those comments with you when they are filed. The Department has the opportunity to revise the rules based on the comments it receives, and then the rulemaking will be reviewed by a legislative oversight committee (the Joint Committee on Administrative Rules, or JCAR). IAR is hopeful that favorable changes will be made to the proposed rules following the comment period. The Department may adopt a rule, with or without revisions, following the process outlined above, unless a super-majority of JCAR members vote to prohibit the rule as a threat to the public interest, safety, or welfare. The official publication date of the proposed rule will be November 4, 2005, and the earliest that the proposed rule could become effective is 90 days after that date.

    IAR will keep you apprised of developments on this important issue as they occur, and we will send out a “call to action” if and when it is appropriate. Please feel free to check the IAR Action Center at www.iaractioncenter.org for updates.

    Questions or comments to the IAR regarding this issue may be sent via e-mail to IARaccess@iar.org.

    To view the language in the proposed rule, link here to IAR Legal News.

    Tell the Feds Real Estate is Competitive!

    We need quality letters from Realtors around the country to drive home our point that real estate is an extremely competitive business!

    On Oct. 25, the U.S. Department of Justice and the Federal Trade Commission are hosting a public workshop in Washington, D.C., entitled "Competition Policy and the Real Estate Industry." This is your chance to let federal regulators know your thoughts on the competitive nature of the real estate
    industry. NAR urges all members to take advantage of this opportunity to submit comments, ideally before the workshop. NAR elected leaders and staff are participating in the workshop to communicate NAR's point of view.

    Go online to access NAR's webpage that makes submitting a letter easy with prewritten "sections" of letters that summarize key issues to be discussed at the workshop. Letters that include members' personal experiences with competitiveness in the industry will be most effective. For more or to send a letter, Click Here:

    FOR IMMEDIATE RELEASE:

    July 20, 2005
    For Further Information Contact:
    Julie Sullivan, Greg St. Aubin
    217/529-2600

    REALTORS® Call for Illinois General Assembly to
    Restrict Powers of Eminent Domain

    Springfield, IL--On July 20th, the Illinois Association of REALTORS® petitioned the Illinois General Assembly to enact state legislation that strengthens Illinois law as it relates to local government powers of eminent domain. Julie Sullivan, Assistant Director of Governmental Affairs for the Illinois Association of REALTORS®, testified today before the Illinois Senate State Government Committee hearing held at the James R. Thompson Center in Chicago called specifically to review eminent domain laws in response to the recent U. S. Supreme Court decision of Kelo v. City of New London.

    In the 5-4 decision rendered on June 23rd, the U. S. Supreme Court ruled in Kelo v. City of New London, that the Fifth Amendment to the United States Constitution does not prohibit a local city government from using the power of eminent domain to take privately owned property to promote economic development.

    “We oppose the taking of private property for non-public uses and oppose the widespread use of these extraordinary powers given to governmental bodies,” said Sullivan, representing the 55,000 REALTOR® member organization, in her testimony. “The Illinois Association of REALTORS® clearly opposes the taking of private property without just compensation, as directed by the Fifth Amendment of the U. S. Constitution. We encourage the acquisition of property by purchase on the open market rather than by condemnation.”

    In response to the hearing today, Illinois Association of REALTORS® President John Veneris stated, “We strongly believe in the right of individuals to own real property without the fear of a government taking. Illinois law clearly is a patchwork right now in regards to eminent domain and the spotlight that the Kelo decision has placed on this issue gives us the opportunity to clarify the law in Illinois. We oppose the widespread use of the power of eminent domain and support clarifying and strengthening Illinois state law regarding the issue.”

    The Supreme Court in its majority decision in the Kelo decision stated, “Nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power. Indeed, many States already impose ‘public use’ requirements that are stricter than the federal baseline.” Some of these requirements have been established by state constitutional law, while others are provided by state eminent domain statutes that limit the grounds upon which condemnations may be exercised. Property owners in some states may be legally protected against the type of eminent domain action at issue in the Kelo case.

    “This is a historic opportunity for the Illinois General Assembly to further strengthen and safeguard the rights of Illinois citizens,” said Sullivan. “We believe that since eminent domain impacts the constitutional rights of property

    owners, it should be exercised carefully and only in special circumstances.”

    House Bill 4091 has already been introduced that prohibits the exercise of the power of eminent domain for private ownership or control, including for economic development, unless it is specifically and expressly authorized by law by the General Assembly.

    The REALTORS® Association is calling upon the Illinois General Assembly to adopt a general state statute that would uniformly apply to all condemnation actions in the state and would further strengthen and safeguard the rights of Illinois citizens.

    The statute would include the following elements:

    * A clearly defined term for “public use.”

    *A prohibition of the condemnation of private property when any of the property to be taken will ultimately be owned, leased to, sold or developed under any other proprietary arrangement by a private party; i.e. a non-governmental entity or person, unless specifically and expressly authorized by a 3/5 vote of each chamber of the Illinois General Assembly.

    *Codification of the procedures adopted in the House for the use of quick-take for all eminent domain actions.

    *In determining whether a taking is for a public use, consider the intended use of each parcel to be taken and not the project as a whole.

    *Require that the payment of “just compensation” as directed by the Fifth Amendment, must cover the additional costs incurred by property owners affected by condemnation actions above and beyond the loss of the subject property.

    “In light of the Kelo decision, we hope the Illinois General Assembly stands ready to strengthen state law as it relates to eminent domain,” said Veneris.

    The Illinois Association of REALTORS® is a voluntary trade association whose 55,000 members are engaged in all facets of the real estate industry. In addition to serving the professional needs of its members, the Illinois Association of REALTORS® works to protect the rights of private property owners in the state by recommending and promoting legislation that safeguards and advances the interest of real property ownership.

    NAR ACTION CENTER
         		  
    June 27, 2005

    Dear Action Center Member:

    As a concerned NAR member, we want to apprise you of what has happened on the Small Business Health Plan since we asked for your help on May 3, 2005. First, thank you for sending your letters to your Senators urging them to move favorably on legislation to give independent business people the right to collectively negotiate lower health care premiums for themselves and their employees. Your letters and those of your colleagues have flooded the Capitol.
    Here’s what has happened since our CFA was initiated:

    · Nearly 140,000 letters have been generated by REALTORSÒ to their Senators, asking for legislation permitting small business health plans. This number of letters is large – but not large enough. Those letters represents about 6% of all the REALTORÒ membership. We know from surveys of our members that this issue affects 25-30% of all our members. Frankly, the more the Senate hears from our members the more likely they may be to pass small business health plans.

    · To date 13 Senators have signed onto S. 406, the Small Business Health Fairness Act.

    · Over the past seven weeks, NAR has raised the Senate’s awareness to the need to pass small business health plan legislation by running ads in the Washington, DC newspapers and Hill publications, as well as on local radio.

    · We are now moving into the next phase of the campaign. In this phase NAR will again runs print and radio ads, this time urging them to pass the legislation this year.

    · In the House of Representatives, we expect later this autumn for the house to vote and likely pass authorizing legislation for small business health plans.

    As NAR continues to push this much-needed legislation, here’s what you can do: Urge your friends and colleagues who have not yet done so to write their Senators and be heard on this issue. Tell them to log onto the NAR Action Center (www.naractioncenter.com) to send their letter to the Senate (only a few clicks of the button).
    With July 4 close at hand, we are adopting one of the mottos of our founding fathers and applying it to our small business health plans push: We have only begun to fight! Thank you for all you have done to help get us to this point in the debate for small business health plans.
    To see a list of Senators who have signed onto the REALTORÒ supported Small Business Health Plan legislation, please click here.

     

    06.03.05 Ask your Congressional representative to keep banks out of real estate NOW, as a new legislative threat looms.

    NAR President Al Mansell is urging REALTORS® now more than ever to voice their support for the Community Choice in Real Estate Act, H.R. 111. Association executives are urged to encourage their members to respond to this call in force.
    In response to the recent introduction of a bill by Sen. Mike Oxley, R-Ohio, that would specifically allow large national banking conglomerates to own and operate real estate brokerages and management companies, Mansell sent a Call for Action to all members to log on to NAR's Action Center. At the Action Center, members can send a new letter to their Congressional representative in support of keeping banks out of real estate.

    "The introduction of a bill to let banks enter real estate at this time shows the level of success REALTORS® are having in their advocacy efforts now," says Jerry Giovaniello, NAR chief lobbyist. "Clearly friends of the banking industry are concerned to see how much support REALTORS® are generating to keep competition in real estate strong by keeping out mega-companies whose interest is in making money off loans, not in providing objective representation to consumers in the most complex transaction of their lives."

    Congress stood up and took notice when thousands of REALTORS® visited Capitol Hill in mid-May while they were in Washington, D.C., for the 2005 REALTORS® Midyear Legislative Meetings & Trade Expo.

    Since the REALTORS®' visits, some 30 lawmakers in the U.S. House of Representatives have added their names as cosponsors of the Community Choice in Real Estate Act, to keep national banking conglomerates from entering real estate brokerage and management, according to NAR lobbyists. The House bill now has 223 cosponsors, a majority.

    "This strong backing shows the unswerving support from members of Congress for keeping national banks out of the real estate business that has served as the backbone of our economy," says Mansell.


    Make your voices heard! Send a strong message to your Member of Congress: Act now and pass H.R. 111.

    CLICK HERE TO ACT NOW!

    Local Issues (update 6-28-04)The City of Lake Forest is moving toward a referendum on this November's ballot, seeking voter approval for Home Rule status and for the establishment of a local real estate transfer tax.   At the meeting on Thursday, July 15, the City Council will finalize the decision. (NSBAR is opposed)Winnetka looking at Home Rule (NSBAR is opposed) Click above for the letters we will be sending)NAR issues: Support of S. 256, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005The Small Business Health Plan CALL FOR ACTION  (CFA) is being sent over the next 4-5  days, beginning today, May 2, 2005, to all NAR members from NAR President Al Mansell. The CFA urges members to write their U.S. Senators on S. 406, the Small Business Health Fairness Act, sponsored by Senators Olympia Snowe (R-ME) and Robert Byrd (D-WV). NAR strongly supports this legislation.

    If passed, this bill would:
    • Create Health Insurance tailored to the needs of a REALTOR®
    • Provide you access to the same Health Insurance benefits currently enjoyed by employees of Labor Unions and Large Corporations
    • Provide self-employed/contract workers with group rates on Health Insurance
    • Make your insurance transferable, even when you change jobs
    • Lower Health Insurance costs for REALTORS®

    Please urge your membership to respond to this important REALTOR legislation.

    If you have questions about the Call for Action, please call Rick Miller at 202-383-1107. If you have questions about the Small Business Health Fairness Act, please call Marcia Salkin at 202-383-1092.