Hello REALTORS®,
When I speak to new Realtors, I usually mention that among other things our advocacy operations include monitoring the courts. Sometimes your REALTORS® Association is involved in those court cases. Below are two examples.
WOTUS
WOTUS stands for Waters of the US. WOTUS is important because it determines the “waters” that federal agencies can assert jurisdiction over under the Clean Water Act.
NAR provided a “friend of the court” brief to the US Supreme Court in a case that helped clarify that federal agencies don’t have jurisdiction over waters that do not have a surface-water connection to a navigable water body. Navigable generally means you can operate a boat of some sort on the water.
That WOTUS ruling became important in South Carolina last month when the SC Department of Environmental Services declined to require construction buffers be made permanent. Riparian buffers protect Waters of the US during construction activities, but SCDES said they lack authority to make the buffers permanent. The WOTUS ruling helped clarify that issue and was a victory for private property rights.
FinCEN
In another example of the importance of the courts, last week I reported on NAR’s advocacy victory on the long-brewing debate about what Realtors, lenders, and closing attorneys need to report to the US Department of Justice when a foreign entity buys real estate in the US. Known as FinCEN, that outcome was short lived.
Last week, a Federal District Judge in Texas prohibited the enforcement of the new FinCEN rule in 14 states. The judge said the US Department of Justice probably exceeded its authority in implementing the new rule and violated the Administrative Procedures Act—both recurring themes in recent court rulings. As a result, the DOJ said they are suspending the new requirement to report real estate transactions.
Election Filing
Filing opened Monday, March 16, 12 noon, and closes 12 noon on March 30. As of March 24, 77 candidates had filed for the various races on which voters in the Western Upstate will vote.
We’ll continue to monitor the election filings until they close. Your association will screen the candidates and prepare a Voter Guide to help Realtors do their own evaluation before you vote.
City of Anderson Votes April 7
Anderson voters go to the polls in two weeks to elect the mayor and five members of City Council. Next week, we will provide you with a Voter Guide on the candidates.
Housing Demand
As you advocate, data is important in successfully arguing for your interests. We have seen extraordinary pressure to stop future development, especially residential development. We have been seeing development opposition at the local government level since the beginning of time. What is new is the pressure being put on state legislators and members of Congress.
Last week, I reported on legislation pending in Congress to help streamline housing development to try to address the housing affordability crisis. In Columbia, the opposite is true. The SC General Assembly is considering legislation to give local government new tools to block development, especially housing development.
The problem isn’t development, it’s population growth. Without population growth, demand for development, especially new housing, doesn’t exist.
The slide below helps illustrate the issue. It shows the difference between births and deaths in the US since 1900. Clearly the gap is closing, but each year that there are more births than deaths, demand for more housing will materialize in about 20-25 years. So, while it appears the problem is going away, it hasn’t, and housing development will need to continue for many more years.
Consider Supporting RPAC
You and your association can influence how your government affects you and regulates your industry.
Elections are an important way that your association represents you and helps make a strong market for real estate. Elections are also an important way that you participate in your government. Your association’s objective is to help elect candidates who share the Realtor position that a vibrant and healthy real estate market is vital to a vibrant and healthy economy. Of course, you must balance your personal and business interests when you vote.
More than 90% of Realtors in the Western Upstate are registered to vote, which is amazing. But just 31% supported RPAC in 2025.
You can help your industry by supporting RPAC. It’s easy. Your association includes a voluntary contribution to RPAC on your annual dues invoice. Pay it, and you are an RPAC supporter. If you haven’t supported RPAC this year, I encourage you to do so by clicking here.
Michael Dey, Director of Government Affairs