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IAR Statement of Policy We,
the members of the Illinois Association of REALTORS, renew our dedication
to the ideals expressed in the REALTORS Code of Ethics and the Code for
Equal Opportunity of the National Association of REALTORS. The
Illinois Association of REALTORS is dedicated to the protection and the
preservation of the free enterprise system and the right of the individual
to own real property as guaranteed by the Constitution of the United
States of America. We
reaffirm our faith in our profession, and faith in the future of America.
We offer to the public in general and government in particular the
benefits of our knowledge of real estate, our experience, and our
technical resources in protecting the free enterprise system and private
property rights. General
Statement Of Policy
As an Association, we reaffirm
our commitment to the goal of decent housing and a suitable living
environment for every family. We believe that this objective can best be
served by a healthy housing market accomplished in an economic environment
that fosters an ample supply of affordable housing.
We reaffirm our belief that
the pursuit of the goal of decent housing for every family, from the
homeless to the home owner, should be raised to the highest level of state
priorities.
While we strongly believe that
a healthy housing climate is predicated on a freely competitive,
private-sector based housing industry, we believe that the government can
and should play an important role in the housing area. With the shift of
responsibility for housing programs away from the federal government, it
is critical for state government to provide leadership in promoting
housing availability and affordability.
We strongly believe that the
real estate industry, and the state and local governments in Illinois can
all work together in establishing policies and programs which promote an
adequate supply of affordable owner-occupied and rental housing, and which
reduce regulatory and other barriers to housing availability and
affordability.
We urge the Governor and the
General Assembly to adopt and implement a comprehensive Illinois housing
policy; and we pledge to provide our support and assistance in the
development of such a policy.
Owner-Tenant
Relations
Owners of rental property
should provide safe and decent housing for the needs of their rental
occupants. Rental occupants must recognize and accept their legal
responsibility to maintain and care for the property and safety of their
fellow occupants.
We encourage and support
legislation, as well as legal measures, to prevent owner-tenant laws and
policies which are injurious to the basic rights of private property
ownership. We believe that property owners should be afforded adequate
legal recourse to enable them to promptly evict those persons who do not
have a legal right to occupy the premises. Rent
Control
Rent control negatively
affects the housing inventory by hastening the deterioration and loss of
existing housing while discouraging the construction of new housing. By
lowering the value of rental property, rent control negatively impacts the
community’s tax base.
Rent control measures
ultimately decrease the availability of affordable housing and infringe
upon the right of Americans to own property free of unreasonable controls.
We therefore oppose the adoption of rent control legislation at all levels
of government. Affordable
Housing
We reaffirm our commitment to
continue to examine the level and types of efforts within the public and
private sector that are being utilized or contemplated to respond to the
housing needs of low and middle income individuals, and to assist in the
pursuit of sound housing policies for the State of Illinois.
We support the programs under
the Illinois Housing Development Authority which make funds available to
enable low and middle income families to improve their own housing
condition. We support, and pledge our assistance in, the development of
future initiatives consistent with the need for decent housing and our
free enterprise system.
We believe that programs to
increase the affordability and availability of decent housing for all
Americans are important to the continued growth and vitality of Illinois,
and believe that the funding of such programs is a responsibility which
should be borne by all taxpayers. Real
Estate Financing
An essential element in
providing all Americans with safe and decent housing is the availability
and affordability of mortgage financing. We support efforts in both the
public and private sector to increase the continued availability and
affordability of mortgage financing.
We believe that full
disclosure, in advance, of all terms of financing is essential in ensuring
that the interests of all parties to the transaction are protected.
We support and encourage the
vigorous prosecution of unscrupulous practitioners that engage in
“predatory” lending activities.
We support, and encourage an
increase in, the investment of public pension fund monies in real estate
and mortgage backed securities. We support this investment as both a sound
and reliable investment option and as a tool to provide for the continued
growth and vitality of the state by providing an adequate supply of
mortgage financing. Condominiums
Condominium and cooperative
forms of housing ownership provide important, economically attractive
housing options for consumers.
Legislation or policies
regarding this form of home ownership should give full consideration to
the rights and interests of condominium developers, unit owners, tenants,
buyers, sellers, and their agents.
We oppose legislation or
policies which place an unnecessary restriction or limitation on the
furtherance, enhancement, or availability of this form of home ownership. Time
Sharing
We support the concept of real
estate time sharing as a legitimate form of real property ownership. We
also support the protections for the consumer contained in the Illinois
Real Estate Timeshare Act. General
Statement Of Policy
We reaffirm our full support
and advocacy of the practice of equal opportunity in housing and renew our
dedication to fulfilling the requirements of the Federal Fair Housing Act
of 1968, as amended in 1988. We pledge ourselves to uphold the spirit as
well as the letter of the law, through programs, activities, and training
designed to promote and further the right of equal opportunity in housing
for all people.
We believe equal opportunity
exists only where there is complete freedom of individual choice in
housing and we oppose any attempt to interfere with this freedom of
choice.
We reaffirm our endorsement of
and commitment to the Fair Housing Partnership Resolution of the U.S.
Department of Housing and Urban Development and the National Association
of REALTORS, believing it to be a constructive, voluntary means of
promoting equal opportunity through freedom of choice.
We pledge our continuing
support of and cooperation with the Illinois Department of Human Rights in
our mutual efforts to assure equal opportunity in housing for all.
Anti-Solicitation
We support as a basic
component of the free enterprise system the right of real estate agents to
actively market real estate and actively offer their services to home
buyers and sellers.
We oppose any new state or
local proposals which would place unreasonable limitations on the free and
open marketing of real property. For-Sale
Signs
We support as a basic
component of the free enterprise system, and as a constitutionally
guaranteed right, the advertising of property on the open market through
the use of solicitation generally and through real estate “For Sale”
signs specifically.
We oppose unreasonable
restrictions on the use of “For Sale” signs. LAND
USE/ENVIRONMENTAL ISSUES General
Statement of Policy
We strongly believe in the
fundamental right of all private property owners to determine the highest
and best use of their land with the least possible governmental
interference. Every individual should have the right to acquire real
property with confidence that the value of such property will not be
unduly diminished or jeopardized by governmental action without just
compensation.
We recognize the importance of
achieving and maintaining a healthy and clean environment and feel that
this can be accomplished by promoting a reasonable balance between
environmental and economic concerns with the continued availability and
affordability of housing. We feel that the future growth of our state and
nation, agricultural needs, and social and economic factors should be
considered in the development of land use policies. SPECIFIC
LAND USE/ENVIRONMENTAL POLICIES Growth
Management/Open Space
We believe that growth should be encouraged as it stimulates the
economy, increases the tax base, and provides places to live and work. We
also realize the responsibility to educate and work with local, state and
federal government officials to develop responsible growth planning that
is equitable and considers the needs of transportation, housing,
agriculture, commercial, industrial and environmental concerns.
We oppose legislation and
policies which unduly infringe upon an individual’s right to own and use
real property at its highest and best use.
We support the acquisition of
land for open space and conservation areas by units of government through
the purchase of the fee simple interest in such lands on the open market
from willing sellers, and discourage the acquisition of such land through
the use of eminent domain powers.
We believe that funding for
such acquisitions by local government entities should be subject to prior
approval by voter referendum. Land
Use/Zoning
We strongly believe that land
use and zoning powers should remain in the hands of local government, and
we oppose efforts to give the state or regional governmental entities
additional powers over local land use and zoning issues.
We support the use of local
zoning ordinances as a method of imposing reasonable guidelines for
protecting the safety and well being of the community with regard to the
planning of housing.
We encourage local governments
to solicit the public, and especially the real estate community, to
provide input on zoning and planning matters prior to taking action on
such matters.
We also encourage local
governments to adopt land use and zoning policies that allow developers to
meet consumer demands for a variety of residential, commercial,
recreational, and industrial uses while providing for open spaces and the
protection of environmentally sensitive areas.
We support and encourage
policies that promote redevelopment in urban areas, such as programs that
encourage “in-fill” development and redevelopment of brownfield sites.
We oppose excessively
restrictive or burdensome policies or proposals, and oppose any ordinance,
legislation or regulation which serves to deprive property owners of the
value or use of their property without just compensation.
We believe that many current
land use and zoning laws and policies serve as an impediment to innovative
planning and development by developers, and we encourage cooperative
efforts with state and local officials to remove such impediments. Eminent
Domain/Takings
We strongly believe in the
right of the individual to own real property without the fear of a
government taking. We oppose the taking of private property without just
compensation. We oppose the widespread use of the power of eminent domain,
and encourage government policies and programs which encourage the
acquisition of property by purchase on the open market rather than by
condemnation.
We generally oppose the use of
“quick-take” condemnation as a means of acquiring property, as this
form of obtaining property is inherently unfair to the property owner. We
do, however, recognize that extraordinary circumstances may, on rare
occasion, necessitate the rapid acquisition of property by government.
Legislation which authorizes rapid acquisition of property by government
should be narrowly drawn to limit the timeframe and specify the purpose
for the acquisition. Hazardous
Substances/Waste Disposal
We pledge our assistance in
developing a sound policy for addressing the presence of hazardous or
harmful substances in real estate in a manner consistent with the economic
well being of our nation.
We pledge our assistance and
offer our expertise and experience in real estate in developing sound
policies in the State of Illinois to safely and economically dispose of
and reduce the level of solid waste and hazardous waste while ensuring the
continued growth and economic viability of our state.
We support state and federal
programs and policies that promote the redevelopment of brownfield sites. Foreign
Ownership of U.S. Real Estate
We support the right of
foreign investors to freely acquire U.S. real property and the right of
U.S. citizens to freely acquire property in foreign countries. We oppose
laws and regulations that in any way curtail those rights. We also support
the free flow of international finance for real estate acquisition.
We believe that foreign
investors should be subject to the same rates of taxation as U.S.
investors.
We recognize the need to
collect appropriate data in order to monitor foreign real estate
investment in this country, but feel the reporting requirements on the
foreign investor should be designed to minimize the reporting burden. Land
Trusts
We support the concept of land
trusts as a legitimate method of holding title to real estate. We believe
the judicial system presently has adequate jurisdiction concerning the
disclosure of land trust information to protect the health, safety, and
welfare of the citizens of Illinois. Natural
Disaster/Prevention and Mitigation
We recognize the need to
establish public and private programs to protect the health, safety, and
property of citizens to the fullest extent possible from natural disasters
and other natural occurrences.
We pledge our assistance in
developing programs and policies which will offer such protection while
not depriving citizens of the right to own and use private property. We
oppose policies or proposals which place the burden of such programs on a
narrow segment of the population or which serve to unnecessarily infringe
upon private property rights or deprive property owners of the ownership
or use of their property. General
Statement Of Policy
We support public policies and
legislation which distribute the burden of paying for government
operations and programs equitably among the general public.
We believe that the taxation
of real estate is within the legitimate taxing authority of local
governments, but feel that taxes upon real estate should be used to fund
government services relating to real estate. We oppose policies or
proposals which place a disproportionate burden of paying for government
services on the property owner when paying for such services should be the
responsibility of the general public. SPECIFIC
SPENDING AND TAXATION POLICIES: Property
Taxes
The excessive taxation of real
estate is detrimental to housing affordability and availability, and has a
negative impact on the overall growth and economic well-being of the State
of Illinois.
We recognize that the property
tax is a basic component of the financing of local government services. We
also believe that in many cases, the taxation of real estate is used as a
means of financing services, the cost of which should be borne by all
taxpayers, not only property owners. We support efforts to, and pledge our
support in the development of proposals to more equitably distribute the
burden of paying for government services.
We oppose state legislation or
local ordinances seeking to authorize or enact a property tax increase
without prior approval by the registered voters of the jurisdiction by
referendum. Real
Estate Transfer Taxes
Transfer taxes at the local
level were originally enacted as a means of paying for government services
related to transferring property, such as record keeping and recording.
The transfer tax has evolved into a means for home rule municipal
governments to finance government services and programs which should be
borne by the public in general, not just that portion of the populace
buying or selling real property.
We believe transfer taxes are
regressive, a detriment to housing affordability, and an unreliable and
inefficient revenue source for general government financing.
We oppose the imposition of
transfer taxes by local governments, with the exception of the $.50 per
$1,000 of the value of property transferred imposed by counties to pay for
transfer related expenses. Transfer tax laws should never compel a
property owner to comply with requirements other than the payment of the
tax as a condition of transferring real property. We support the
requirement that local governments obtain prior approval by voter
referendum before imposing or increasing a real estate transfer tax.
We strongly oppose future
increases in the state transfer tax. Impact
Fees & Mandatory Dedication of Land
The development of real estate
brings with it the economic benefits of providing jobs and expanding the
tax base as well as providing places for people to live and work. We
recognize that the development of real estate in many cases also
necessitates improvements in certain infrastructure components. We
encourage local governments to solicit the expertise of local real estate
officials in formulating their development policies.
We recognize that the Road
Improvement Impact Fee Law confers upon certain local governments the
right to impose road improvement impact fees. We strongly support the
standards and requirements set forth in the Road Improvement Impact Fee
Law for the imposition of these fees. We oppose legislation that would
reduce the standards established in the Road Improvement Impact Fee Law.
We are concerned about the
trend toward the assessment of arbitrary fees and an overwhelming number
of fees on real estate as a means of generating general revenue for local
government. We support a state law to institute consistent and clear
guidelines that local government must follow prior to the assessment of
impact or development fees. Specifically,
we support: *
Public hearings to ensure that the real estate industry can provide their
expertise in the formulation of local ordinances for development policies
and resulting fee schedules. *
A requirement that a needs assessment be developed by the municipality,
county or the affected school or park district. *
That the fees or land/construction requirements that are imposed on
developers be part of an ordinance which also includes a defined and
established level of service and an established schedule of fees. *
A requirement that the impact fee cannot exceed a developer’s
proportionate share of the community’s need for a new public
infrastructure or new school or park lands or space as established by the
needs assessment. BUSINESS
PRACTICES, PROFESSIONAL STANDARDS, EDUCATION AND GOVERNMENT REGULATION General
Statement Of Policy
We reaffirm our commitment to
complying with both the letter and spirit of all state, local, and federal
laws regulating the real estate industry, and pledge our support and
assistance in the further development of policies and programs which
ensure the continued integrity and viability of the real estate industry
while offering adequate protection for the consumer.
We support government
regulations which strike a balance between necessary regulations to
protect the integrity of the industry and the health, safety, and
well-being of the public while ensuring that the concept of free
enterprise without undue government intervention is maintained.
We support the creation of a
strong base for continued economic development in the State of Illinois
and the modification of governmental legislation and regulations to that
end.
We urge government officials
at all levels to solicit the input and expertise of the real estate
industry in formulating government regulatory policies. SPECIFIC
POLICIES Education
We support specific
educational requirements as a prerequisite for licensing and support the
continuation of training and education throughout the professional careers
of all members of our Association, to assure competent and skillful real
estate service to the citizens of Illinois. We recognize our
responsibility to the members of the Association to make available
meaningful and advanced levels of training and education. Continuing
Education
We support mandatory
continuing education as a condition of real estate license renewal. Graduate
REALTOR Institute
Professionalism in real estate
is one of the primary objectives of the Association. We pledge to our
members Institute programs of the highest quality and availability to
address the complex and sophisticated practice of real estate. Local
Board/District Training
We will work to assist local
boards, associations and districts in offering educational training
programs to help members meet the challenges of real estate practice. Professional
Liability
Recognizing the risk that our
members face in today’s marketplace the Association shall provide risk
reduction education and training to our members.
Further recognizing that these
risks must be protected by errors and omissions insurance the Association
will endeavor to provide on an ongoing basis to the members the
opportunity to purchase errors and omissions insurance that will combine
competitive rates with the broadest possible coverage. Real
Estate Research
We support continued research
on all practical matters pertaining to real estate. We support a fund in
the State Treasury for research purposes. We believe there is value in
using license fees for research capabilities to develop practical studies,
programs, and articles for our members. Government
Regulation of the Real Estate Industry
We urge the Illinois Office of
Banks and Real Estate to vigorously enforce disciplinary action for
substantive violations of the license law and rules; to provide adequate
and trained investigative and legal staff; to provide timely responses and
disposition of complaints; to ensure the Real Estate Administrative and
Disciplinary Board’s involvement in the complaint and learning process;
and to exercise diligence and due process at all levels of the
investigatory and regulatory process.
The Illinois Association of
REALTORS is comprised of real estate professionals who provide services
relating to every aspect of a real estate transaction, including services
such as real estate brokerage, appraisal, title insurance, mortgage
finance and others. We pledge to continue to protect and promote the
ability of our members to provide such services, and we oppose legislation
to prohibit or limit the involvement of REALTORS in all segments of the
real estate transaction. We support federal laws and related state
statutes which require that adequate information about the real estate
transaction be provided to the consumer. We believe that a free market and
consumer choice are in the best interest of the consumer and the industry,
and we oppose laws or policies which hinder the free market or consumer
choice in real estate transactions.
We oppose any state or local
proposals to shift the burden of and liability for making required
disclosures regarding real property from the property owner to the
owner’s agent. Involvement
of Financial Entities in Real Estate
We oppose granting the
authority to financial entities which benefit from federal deposit
insurance, favorable tax treatment, and special access to credit
(including through their parents, subsidiaries, branches, affiliates and
divisions) to participate in the business of real estate brokerage, fee
appraising, leasing, real estate development, real estate syndication,
property management and other real estate services and/or activities not
directly related to their primary function. Such activities may conflict
with the interests of their customers, threaten the safety and financial
stability of the institution, increase the risk of taxpayer liability and
pose a threat to the competitive structure of the real estate industry. We
are also opposed to long-term holding of foreclosed property by financial
entities. General
Statement Of Policy
We strongly support the
fundamental right of every citizen to participate in the governmental
process by freely and openly expressing his or her ideas, views or
opinions about matters facing government at all levels. We oppose any
limits, restrictions or other infringements on the right of a person,
whether as an individual or as a member of an organization, to use any and
all legal methods in attempting to affect the decisions and the course of
government. We believe this is necessary in order to have a representative
and responsive government. SPECIFIC
POLITICAL AFFAIRS POLICIES: Political
Action Committees & Public Financing of Election Campaigns
Any attempt to reduce the
participation of voluntary political action committees
undermines a basic political freedom and civic right. Candidates
should be encouraged to seek support from many diverse sectors of the
electorate to insure representation of the widest spectrum of viewpoints.
We oppose public financing of
elections. Public financing, in whole or in part, will inevitably lead to
the elimination of private contributions to elections. Such a system will
reduce communication between elected officials and the people they serve.
We strongly believe in and
advocate the involvement of our members in the government process. We
support and will continue to develop programs which will enhance the
ability of our members to have a strong voice in local, state, and federal
government, including programs to assist REALTORS in dealing with issues
affecting the real estate industry at the local level. NATIONAL
ASSOCIATION OF REALTORS STATEMENT OF POLICY Subject to the policy adopted herein, we do officially adopt and pledge our support of the Statement of Policy of the National Association of REALTORS, as adopted by that Association.
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