NAR’s lobbying muscle is focused on ensuring MLSs aren’t classified as data brokers — but are recognized by federal agencies as “procompetitive infrastructure.”
Key points:
- In a closed meeting last month, NAR outlined how it is advocating for MLSs at the federal level. The MLS remains “a priority for NAR,” a member of the trade group’s advocacy team emphasized.
- NAR is closely monitoring the SECURE Data Act — a bill it supports so long as the legislation doesn’t change to classify MLSs as data brokers — and backs the TRAIN Act, which focuses on copyright protections.
- The trade group is also pushing for federal standards to guide AI use in real estate and ensure that consumer data is protected.
The National Association of Realtors says it is using its well-known lobbying chops to benefit multiple listing services.
During a meeting of the MLS Issues and Policies Committee at last month’s Realtors Legislative Meetings, NAR tech policy expert Austin Perez laid out the legislation NAR is championing — and the proposals it is challenging — on behalf of MLSs.
But first, Perez offered assurances of the trade group’s support. “We have heard concerns — or at least questions — as to whether the MLS is a priority for NAR. It is,” Perez, a member of NAR’s advocacy team, told the committee. “I keep MLS in mind whenever I’m communicating on any kind of a data management or technology issue” to Congress and federal agencies, he added.
Though the committee meeting was closed to the press for the second year in a row, Real Estate News was able to obtain a recording of the session.
Data privacy: MLSs are not data brokers
One piece of congressional legislation NAR is closely tracking: the SECURE Data Act, introduced in the House with a “particular focus” on data brokers, Perez said.
“These are companies that collect data from a variety of public and private sources, put together profiles and then sell it to insurance companies, lenders, [and] others who might be making adverse decisions,” Perez explained. Congress’ focus is “to make sure that consumers know what data is being collected and shared on them and get them rights that we all enjoy — including knowledge, notice, access, opt in, opt out, etc.”
NAR supports the “very business friendly” legislation, which doesn’t currently include real estate brokerages or MLSs. If the bill were to classify MLSs as data brokers, NAR warns that could restrict the sharing of information vital to real estate transactions.
But as Perez noted, MLSs are primarily using property — not personal — data “at the direction of the consumer” to help them buy or sell a home. “It’s not the case where it’s some remote company making a decision. This is a direct request by a consumer.”
NAR is watching the bill’s progress “like a hawk” to ensure that it “continues to recognize that real estate is not data brokering,” Perez said.
AI: A national regulatory framework and copyright protections
A December 2025 executive order aimed at advancing uniform federal standards for AI in the face of states making their own laws has NAR’s backing.
With AI use already widespread throughout the industry, “NAR supports the development of federal standards, including clear, practical ‘rules of the road’ that enable responsible AI use while protecting consumer data privacy, ensuring fair housing compliance, and safeguarding copyrights, including listing data, photos, and MLS databases,” the trade group’s issue summary says.
NAR also supports the TRAIN (Transparency and Responsibility for Artificial Intelligence Networks) Act, which would create an administrative subpoena process to help copyright owners get records from AI developers to determine whether their copyrighted works have been used to train AI models. The legislation would support “enforcement and potential compensation,” according to NAR.
“NAR is advocating for strong copyright protections, including for MLS data, as part of comprehensive AI legislation,” the trade group says.
Copyright registration fees
NAR opposes a March U.S. Copyright Office proposal to raise copyright registration fees — including for MLS data. The MLS must register to protect its data and “fully avail itself of the legal process,” Perez told the committee — and about a quarter of Realtor-affiliated MLSs do.
The office is proposing a 40% fee increase “because they say that filing information from the MLS, reviewing that, takes time, takes staff. So they think they need to raise the fees in order to cover the cost,” Perez explained. If approved, he added, it would follow a 500% increase that occurred just five years ago.
The fees are unfair, NAR argued in a letter last month. Since MLSs are continuously updated, they must register multiple times a year to get the same legal protections as someone who files once. Further fee increases could discourage MLSs from registering their intellectual property, the letter suggested.
NAR is also urging a modernization of the registration process to cut costs. “They continue to insist on a paper-based process, so their costs are very high — and we don’t think that it’s right that they should be charging us for their decision,” Perez said of the Copyright Office. “Give us an electronic option, which will allow them to reduce their costs. It will also encourage more MLSs to protect their data.”
Recognizing the MLS as ‘procompetitive’
In response to a recent DOJ and Federal Trade Commission request for public comment on business collaboration among competitors, NAR and the Council of MLSs (CMLS) sent letters highlighting how MLSs benefit the real estate industry and consumers. NAR’s letter also requested “clear, practical guidance” for data sharing and rulemaking.
“We have asked them to reaffirm what they have said in the past, what we have said in the past and everyone agrees: that the MLS is procompetitive infrastructure,” Perez said.
“It not only helps sellers have more exposure and reduces buyer search costs,” he added, but by providing “equal access to a reliable property dataset, it levels the playing field and increases competition between large and small brokers, newer entrants and older incumbents.”