Drones in Real Estate: Not so Fast
Some real estate companies are champing at the bit to incorpo- rate drone photography into their marketing, as news reports make clear.
(See page 34–35.) But the commercial use of drones is currently permissible only on a case-by-case basis. So unless you have a certificate of airworthiness from the Federal Aviation Administration, you should keep your drone on the ground, NAR says.
"The FAA, in a 2007 statement, very clearly stated that any commercial use of drones without a permit is not permissible," says NAR Senior Policy Representative Russell Riggs.
In a closely watched case, a photographer for the University of Virginia in Charlottesville was fined $10,000 late last year by the FAA for flying his drone for commercial purposes. The court has since thrown that case out, raising questions about whether the FAA has the authority to take enforcement actions.
But caution remains the prudent course.
The FAA is slated to issue rules on the commercial use of drones next year. To that end, the agency has authorized tests around the country to help it determine what restrictions are needed to ensure safe operation and to protect national security and people's privacy.
In the meantime, NAR says, members should not use drones for real estate marketing purposes or hire companies to do so.
By Robert Freedman
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An Issue of Fair Housing?
MLSs have instituted a policy to highlight accessibility features for a myriad of reasons. For the Dayton Area Board of REALTORS® in Dayton, Ohio, it was an issue of fair housing. DABR began including accessibility information in its listings in April 2009 after being approached by the local Fair Housing Administration, says Jeff Ullery, director of DABR's MLS.
"If somebody was handicapped and they needed to have home adaptations, there was no way for them to know if we had that in our MLS," Ullery says.
"Our local Fair Housing Administration
approached us about doing a disabilities
adaptations form."
Ullery says the Fair Housing Adminis-
tration pushed DABR's MLS committee
to make completing the form a require-
ment for members. DABR pushed back,
agreeing to supply the forms only if it were
optional. Had they been required, "next
thing you know, agents would be getting
violations for doing it wrong," Ullery says.
Individual Responsibility
Despite the advantages of highlighting accessibility features, some practitioners haven't bought in. For Stephen Beard,
ABR, e-PRO, a practitioner with Better Homes and Gardens Mason-McDuffie Real Estate in Berkeley, Calif., inconsistent usage among real estate professionals is the problem.
Beard, who specializes in accessible
housing and is living with cerebral palsy
himself, says that his local MLS, East Bay
Regional Data, has offered listing fields
for members to check off accessibility
features "for at least the 10 years I've
been in business."
"Practitioners don't use these fields in
any kind of consistent way," Beard says.
"For example, you can check 'no barriers
to entry,' which is highly misunderstood.
They'll say there's no barrier to entry
when there's a four-inch threshold at the
front door."
Some agents don't bother to check
off accessibility features even when
they are available, Beard laments.
"Some agents simply feel that it is a detrimental feature of the home, because a lot of clients will want to tear out a ramp, for example. I won't find these listings if they are not specified as accessible," he says.
The impact of the aging population, along with political advocacy, may well drive the decision toward including accessibility features in MLSs. But it won't happen overnight. Gary Arnold, a spokesman for Access Living, a Chicago-based nonprofit advocacy group for people with disabilities, says municipalities are opening the door for universal design.
"It seems that there is an increase in accessible design because there are more codes governing it, and a focus on sustainability has raised awareness about aging in place," he says.
In Austin, Texas, the City Council passed a measure in January requiring all new-construction homes to be designed with accessibility in mind.
Among the provisions: New homes must have a ramp or nonstepped entrance and a full or half bath on the first floor. The Austin Board of REALTORS®' MLS, called AC TRIS, has included a "Disability Features" section in its listings since August 2012. These efforts are expected to increase the number of accessible listings, a strong sign that the march toward fairness for disabled home owners is gaining traction.
By Graham Wood P H OT O: I ST O C K/ R O B E RT M A N D E L © 2 01 4