A federal judge on Friday granted a preliminary injunction that prohibits Oregon from enforcing a law against 鈥渓ove letters鈥� to home sellers.
In his court order, District Judge Marco A. Hern谩ndez says 鈥渓ikely violates鈥� the First Amendment rights of real estate agents.
鈥淚t is not in the public interest to enforce a law that is likely unconstitutional, even one aimed at the laudable goal of reducing unlawful discrimination in housing,鈥� his legal opinion reads.
The 2021 law was the . It prohibited buyers from providing 鈥渓ove letters鈥� and personal photographs to sellers as a way to improve their chances of getting the house they want. Supporters argue that these letters perpetuate housing discrimination by revealing a buyer鈥檚 race, religion, sexual orientation or marital status.
The real estate market has grown uneasy with love letters because they risk raising a housing discrimination claim. Many real estate agents won鈥檛 accept them. Still, proponents say these letters are often the only edge a first-time buyer has against deep-pocketed investors that buy entry-level homes.
Shortly after the law passed, the conservative Pacific Legal Foundation filed a lawsuit on behalf of the Bend-based Total Real Estate Group. They filed the lawsuit against Oregon Attorney General Ellen Rosenblum and Real Estate Commissioner Steve Strode, alleging that forbidding these communications violates their First Amendment rights.
Hern谩ndez鈥檚 legal opinion acknowledges Oregon鈥檚 鈥渓ong and abhorrent history鈥� of racist housing discrimination. He points to laws that outright prohibited people of color from owning land in Oregon, as well as governmental policies and industry practices that continue to enable housing discrimination to this day.
Even so, Hern谩ndez says he doesn鈥檛 think HB 2550 could stand against a First Amendment claim in court, mostly because it鈥檚 too broad. Instead of specifically prohibiting 鈥渓ove letters,鈥� the law bans all written communication outside of 鈥渃ustomary documents.鈥� The law doesn鈥檛 specify what 鈥渃ustomary documents鈥� include.
Hern谩ndez suggests two alternatives that were originally included in Pacific Legal Foundation鈥檚 legal claim. Lawmakers could allow love letters but require real estate agents to edit out any information that could reveal the buyer鈥檚 race, religion, sexual orientation or marital status. On top of that, lawmakers could prohibit buyers from providing personal photos to sellers.
With this preliminary injunction, HB 2550 can鈥檛 be enforced until Hern谩ndez makes a final decision.
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