New Petition Seeking Rehearing in DOJ Dispute

Louisiana REALTORS® • May 21, 2024

Update from Katie Johnson, NAR Chief Legal Officer and Chief Member Experience Officer

I am writing to share an important update regarding our ongoing dispute with the Department of Justice (DOJ). 


Please note that the following update is unrelated to the private class action litigation in which NAR is a defendant and NAR's recent Settlement Agreement that, if approved, would resolve nationwide litigation over claims from home sellers related to broker commissions.


On May 20, 2024, NAR petitioned the United States Court of Appeals for the D.C. Circuit for a rehearing, challenging its ruling that would allow DOJ to reopen a previously closed investigation into NAR's policies. You may recall we reached an agreement in 2020 to end an investigation into certain NAR policies-including the cooperative compensation rule and clear cooperation policy-provided that NAR modify four of its policies. NAR fully complied with that agreement.


Eight months later the DOJ resumed that same investigation, violating our agreement. We subsequently asked the DC District Court to prohibit the DOJ from pursuing its investigation. While the D.C. District Court ruled in our favor, DOJ appealed that decision, and it was subsequently reversed by the D.C. Circuit. This leads us to our challenge today.


It is important to underscore that this dispute focuses only on DOJ's ability to unilaterally withdraw from its settlement agreement with NAR, it does not address any of the Department's claims about NAR policies or antitrust topics. We believe this is a highly consequential government-contract-interpretation case and the impacts are far reaching. We are pursuing a rehearing as a step to continue to forcefully advocate for the interests of our members and underscore the flaws in the D.C. Circuit Court panel's split ruling.


REALTOR® Magazine has written up the petition where you can find additional information. I've also attached a copy of our petition to this post.


As always, if you have any questions, please don't hesitate to reach out.

2026 Legislative Session Scoop - Week 1 Recap

By Louisiana REALTORS® • March 13, 2026
Louisiana’s 2026 Regular Session opened this week with several developments that matter directly to REALTORS ®, property managers and housing providers, alongside some broader political shifts worth watching. HB 292: Security Deposit Return Timelines Rep. Delisha Boyd’s HB 292, which addresses procedures for returning residential security deposits, was deferred to next week. This provides additional time for stakeholders to engage with members on practical impacts for lease administration, move out inspections and documentation standards. We’ll continue working to ensure any changes to deposit law are clear, workable and do not expose housing providers to unreasonable liability. Land Use and Development: St. James Parish Decision The Louisiana Supreme Court’s recent St. James Parish decision significantly tightens the standards for overturning local land use decisions, reinforcing that zoning and permitting authority rests with parish and municipal governments as long as their decisions are not arbitrary or capricious. For real estate and development, that means more predictability if projects are aligned with adopted plans and ordinances, but also higher stakes in local elections, planning processes and parish-level negotiations. Governor’s State of the State In his State of the State address, Governor Jeff Landry reiterated his push to phase out the state income tax, expand the LA GATOR and MJ Foster scholarship and workforce programs, and replace vehicle inspection stickers with a QR code system. These programs frame a debate around long-term competitiveness, workforce readiness and household cost of living which are all key drivers of housing demand and migration patterns. Business & Market Trends The business community is focusing the session on insurance, workforce and energy. Commercial and property insurance costs remain a top concern for employers and property owners, and we are monitoring civil justice and insurance reform proposals that could affect market stability and availability. At the same time, Louisiana is seeing more than $100 billion in announced industrial and data center projects, which could reshape local markets, labor conditions and housing needs in multiple regions of the state. Please view the weekly bill tracking report at the link below provided by our lobbying team over at Harris, DeVille and Associates.
Real estate agent showing a couple a tablet, possibly displaying property details in a bright room.

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