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The last two years since I began service as Chairman of the DC Real Estate Commission have seen a significant number of activities impacting real estate across our city. As you look around, I am sure you will agree that there is tremendous growth in every quadrant. The Commission and the licensure process is in full force and many of these accomplishments have impacted our licensees and the real estate market in the District. This newsletter, published bi-annually will continue to provide articles for educational purposes and regulatory requirements and will include disciplinary actions taken by the Commission.
During March, I was honored to participate in the 2017 Performance Oversight hearing, providing testimony before the Committee on Housing and Neighborhood Revitalization and the Honorable Anita Bonds, Committee Chairperson. Each year, the Commission provides the DC Council with the:
- Commission’s goals
- Activities and accomplishments
- Usage of the Real Estate Guaranty and Education Fund
- Legislative issues
- Enforcement of the law and regulations and
- Regulatory Issues
My testimony presented the Commission's accomplishments and plans for improvement.
Testimony of Josephine Ricks, Chairperson
Before the Committee on Housing and Neighborhood Revitalization
Council of the District of Columbia
The Honorable Anita Bonds, Chairperson
John A. Wilson Building
Room 120
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Friday, March 2, 2018
11:00 AM
Good morning, Chairperson Bonds, members, and staff of the Committee on Housing and Neighborhood Revitalization. I am Josephine Ricks, Chair of the District of Columbia Real Estate Commission. Thank you for inviting me to testify on behalf of Mayor Muriel Bowser in today’s hearing to discuss the activities and accomplishments of the Commission in fiscal year (FY) 2017.
Commission members include Frank Pietranton, Vice Chairman and real estate broker member; Ulani Gulstone, attorney member; Edward Downs, broker member; Danai Mattison Sky, salesperson member; David Forster, salesperson member; and Christine Warnke, consumer member.
During FY17, the Commission held all of its scheduled 11 monthly meetings. Additionally, the Commission was active in the regulation of over 14,000 real estate brokers, real estate salespersons, and property managers. An impressive 1,766 new licensees obtained their respective licenses in FY17 and are now practicing real estate in the District of Columbia. This upward trend in licenses issued per year continues to be attributable to the sustainability of real estate activity in the District and the tremendous amount of growth in our city.
To strengthen regulatory requirements for licensees performing property management activities in the city, the Commission created a Property Management Task Force in FY17. The Task Force is composed of property managers, real estate brokers, educators, a member of the Community Associations Institute, and four members of the Commission. The charges of the Task Force include, but are not limited to:
- Developing a pre-licensing course outline for property management licensure inclusive of the management of common interest communities for real estate education providers delivering courses for applicants and real estate licensees;
- Reviewing the current regulations and making recommendations to the Commission regarding revisions to the broker and salesperson pre-licensing course outlines reflective of the management of common interest communities;
- Reviewing the current regulations on continuing education requirements for all real estate licensees and developing continuing education core courses on property management inclusive of the management of common interest communities for real estate property managers, real estate brokers, and real estate salespersons;
- Reviewing and assessing the current bank of questions on the property management examination inclusive of the management plan; accounting systems; facilities management; management of common interest communities; and District of Columbia laws, rules, and regulations regarding property management; and
- Reviewing the legal portion of the real estate examination for real estate brokers and salespersons.
The Commission has also begun developing a new course on Broker Supervision to be incorporated in the 2021 cycle of continuing education offerings. With the increasing number of new brokerage offices, the expanding use of "Teams," and the increasing use of electronic communication and advertising, the Commission believes it should actively review the obligations already incorporated in the licensing of brokers so that it can ensure proactive protection of the public interest.
Educational Programs
The Commission continues to expand its educational offerings through public-private partnerships with local agencies and private organizations. During FY 17, the Commission was again successful in co-sponsoring historic preservation seminars with the DC Historic Preservation Office, DC Preservation League, and the DC Board of Real Estate Appraisers. Each seminar credited licensees with three hours of continuing education credits. The Commission also partnered with the DC Office of the Tenant Advocate on presenting three hours of continuing education credit for licensees at the annual Tenant Summit where matters of concern to the District’s tenant community were discussed.
Also in FY17, the Commission began a new partnership with the DC Office of Human Rights, offering monthly trainings covering two important new laws that greatly impact the success of marginalized citizens in the District: the “Fair Criminal Record Screening for Housing Act of 2016” and the “Fair Credit in Employment Amendment Act of 2016.” Both laws aim to create more opportunities within the District for individuals who are often faced with significant barriers to housing and employment due to their credit history or a background of involvement with the justice system. The courses offer in-depth training on requirements for landlords and employers under these laws and how they will impact business. This training is intended for DC employers, employment agencies, labor organizations, housing providers, leasing managers, licensees, rental managers, and landlords.
Additionally, the Commission held six successful seminars for its licensees on core courses required of each licensee during the two-year licensing cycle ending on August 31, 2017. The core courses during this licensing cycle were Fair Housing, DC Legislative Update, and Financing Issues. During the current cycle, the Commission will require a core course entitled Ethics. The seminars are funded entirely from the Real Estate Guaranty and Education Fund. The Commission also conducted a Fair Housing Instructor Development Workshop in conjunction with the Fair Housing Alliance for the certification of persons teaching the required course on fair housing. All instructors teaching this Commission-mandated course are required to be certified.
Compliance with the Occupations and Professions Licensure Act of 1998
The Commission continues to enforce the Occupations and Professions Licensure Act of 1998 by receiving and reviewing complaints from the public as required. The Commission publishes newsletters that the public and licensees can view online. The newsletters include disciplinary actions taken by the Commission and articles for educational purposes and regulatory requirements.
Conclusion
The Commission will continue to dutifully carry out its responsibility of protecting the public interest by upholding the letter and spirit of the licensure law. These duties include taking disciplinary action against licensees who commit wrongful acts, ensuring that applicants for licensure are highly qualified, administering continuing education programs for licensees, and overseeing the Real Estate Guaranty and Education Fund.
Thank you for your leadership and support. The Commission appreciates the opportunity to share its accomplishments and plans for continuous improvement and looks forward to continuing to work with the Committee. This concludes my testimony. The Commission’s staff and I are happy to address your questions at this time.
To protect the public health, safety, and
welfare of the public and to assure the public that persons engaged in the
practice of real estate have the specialized skills and training required to
perform Real Estate activities in the District of Columbia governed by the Real
Estate Commission.
Josephine Ricks, Chairman, Broker Member
Ed Downs, Broker Member
David Forster, Salesperson Member
Ulani Gulstone, Attorney Member, Legal Committee Chairman
Frank Pietranton, Vice-Chairman, Broker Member
Danai Mattison Sky, Salesperson Member, Education Committee Chairman
Christine Warnke, Consumer Member
Board Member Vacancies
There are currently two Vacancies for Property Managers.
To apply for a board or commission vacancy:
https://dcra.dc.gov/service/get-appointed-professional-board
 January 9 July
10
February 13 August - Recess
March 13 September
11
April 10 October
9
May 8 November
13
June 12 December
11
The Commission meets the second Tuesday of each month. Dates are subject to change.
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DC Mayor Muriel Bowser recently appointed two
new members to the Real Estate Board of Directors. The commission’s newest members are:
 Ed Downs, Broker Member
The DC Real Estate Commission welcomes Ed
Downs, who was born in DC and raised in Arlington, Virginia. He has been a DC resident since 1980 and has
been selling real estate for over 20 years.
Mr. Downs studied at the Realtor Institute
and achieved the GRI professional designation and is licensed in DC, Virginia
and Maryland.
Ed has served on several state level
associations, including two terms, on the Board of Directors for the Greater Capital Area Association of Realtors.
At the National level, Mr. Downs has been on the
Board of Directors, for the National Association of Realtors. And at the
state level, Ed has served two terms as President of the District of Columbia
Association of Realtors, DCAR.
Mr. Downs currently resides in Logan Circle, in a
house, he purchased in 1983, so he has seen a lot of changes in the
neighborhood.
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David Forster, Salesperson Member
Mr. Forster lives in Ward 5 and has
extensive experience in property management including association management
and real estate sales.
David currently works as Vice
President of property management for Monument Realty. He is also a volunteer on
the Board for the DC Chapter of the Institute of Real Estate Management Chapter 8 and a volunteer Emergency Medical Technician for Fairfax County. Mr. Forster is certified as a Professional Community
Association Manager, Construction Project Manager and licensed DC
Property Manager and Real Estate Salesperson.
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 Seated: Left to Right - Patrice Richardson, Jo Ricks, Frank Pietranton
Back: Left to Right - Leon Lewis, Ed Downs, David Forster, Christine Warnke, Ulani Gulstone, Kevin Cyrus, Kathy Thomas
If you are
performing Property Management in the District of Columbia, you must have an "ACTIVE" DC Property Manager or Broker license or Salesperson license.
Please note that a Salesperson can only practice Property Management, under their affiliated brokerage, unless they have a separate property management license. The District of Columbia is one of the few jurisdictions, nationwide, that regulate Property Managers.
2017
Ciara Lascano
- By Consent Order,
the Commission imposed a fine of $500.00.
- Respondent
provided false or misleading information on or in support of an application or
renewal application in violation of D.C. Official Code Section
47-2853.17(a)(1).
Alfred Ekuban
- By Consent Order,
the Commission imposed a fine of $1,000.00 for listing property without the
current owner’s knowledge or permission, and failure to obtain a signed
listing agreement with the owner of the property as required by D.C. Official
Code Section 47-2853.197(18).
Scott Stevens
- By Consent Order,
the Commission imposed a fine of $1,500.00 for violation of D.C. Official Code
Section 47-2853.17(a) (19) (2001) for operating as a real estate property
manager when unlicensed and not renewed.
Moats Realty, LLC
- By Consent Order,
the Commission imposed a fine of $1,500.00 for violation of D.C. Official Code
Section 47-2853.17(a) (19) (2001) for operating as a real estate brokerage
entity when unlicensed and not renewed.
Redwood Adventure,
LLC d/b/a Century 21 Redwood Realty
- By Consent Order,
the Commission imposed a fine of $1,500.00 for violation of D.C. Official Code
Section 47-2853.17(a) (13) (2001) in that respondent willfully practiced an
occupation or profession with an unauthorized person or aided an unauthorized
person in the practice of an occupation or profession.
Mary Illes
- By Consent Order,
the Commission imposed a fine of $1,500.00 for violation of D.C. Official Code
Section 47-2853.17(a) (19) (2001) for operating as a real estate associate broker
when unlicensed and not renewed.
Linda Harris
- By Consent Order,
the Commission imposed a fine of $1,500.00 for violation of D.C. Official Code
Section 47-2853.17(a) (19) (2001) for operating as a real estate broker when
unlicensed and not renewed.
Mark A. Wall
- Mr. Wall’s real estate broker’s license was revoked
due to misappropriation of clients’ funds, theft of earnest money deposits, and
wrongfully withholding monetary
disbursements because he had used clients’ money for his own purposes.
2018 to Present
Melvyn A. Williams
- Mr. Williams’ real estate broker’s license was revoked
reciprocally pursuant to DC Code Section 47-2853.17(e) in violation of DC Code
Sections 47-2853.191(a)(1) and (a)(4).
Real Estate Guaranty and Education Fund Claim
- The Real Estate
Commission authorized one payment in the amount of $50,000.00 involving the
licensee, Mark A. Wall. The licensee
misappropriated his clients’ funds and wrongfully withheld monetary
disbursements.
Per Section 2602: DC
Real Estate Legislation and Regulations
Licensure of Real Estate Salespersons
2602.5 All applicants for a real estate license who have passed the required
examination shall submit an application for a license to the Commission with
the required fees within six (6) months of passing the examination. Applicants who fail to comply with the
requirements shall be required to retake and pass the
examination.
 The Occupational
and Professional Licensing Administration is excited to introduce a
brand new license management system that will fully digitize the licensing
process. This new platform is now available and it is designed to improve your
overall customer service experience.
We are pleased to
invite you to utilize the new license management system.
To submit an
application through our online portal follow the steps below:
1. Visit the Board’s website: https://www.dcopla.com/realestate
2. If this is your first time accessing the
system, you will need to register for an account.
3. Under “Licensing Services,” a link is provided
to access the online portal.
4. On the next page, select “New Individual” and
"Register Now" to register for an account.
OR
If you are
Reinstating or Renewing Your License:
1. If you had an account in our previous portal,
click on: Already Registered.
2. Click: Forgot Password.
3. Follow the prompts: To re-activate your
account in the new portal.
4. Once logged in: Scroll down to your license
type.
5. Click “Begin” to start the application.
6. Answer the screening questions and follow the
prompts to upload documents and make payment.
Current system capabilities allow you to:
- Activate your account.
- Change your email and mailing address.
- Change your phone number(s).
1. Log in to the system using your e-mail and new password.
2. Once logged in, follow the prompts to view your account
or make changes to your email address or phone number(s).
Please ensure that you provide the Commission with an accurate and current email address, as renewals and announcements are sent via email.
If
you encounter any issues with this process or have additional questions, please
contact a customer service representative at 1-866-270-9817.
One major change with the new license and renewal
applications is that a photo will be required for the next issuance of your
license. The photo you upload to appear on your license must be on a plain white background and be a front-facing,
“passport-style” photo of only yourself (do not submit a photo of your
passport or other photo). We will
communicate more details about renewal requirements, when the renewal period
begins in December 2018.
1. Log in to the system using your e-mail and new password.
2. Once logged in, follow the prompts to view your account,
upload your photo, or make changes to your email address or phone number.
If
you encounter any issues with this process or have additional questions, please
contact a customer service representative at 1-866-270-9817.
As
of October 1, 2017 the DC Office of Human Rights began enforcing two new
important laws that will impact businesses and housing providers across the District:
- The Fair Criminal Record Screening for Housing Act of 2016
- The Fair Credit in Employment Amendment Act of 2016
Both
laws aim to create more opportunities within the District for individuals who
often are faced with significant barriers to housing and employment due to
their credit history or criminal background.
Training
Available: The DC Office of Human Rights (OHR) conducts a series of monthly training
courses for housing providers at the DCRA Small Business Resource Center.
The training is about the new housing law.
The
course is available to DC licensed Real Estate Brokers, Salespersons and
Property Managers.
Course
Title: New Requirements for DC Housing Regarding Criminal Background.
Date & Time:
Please check: ohr.dc.gov/events.
Location:
DCRA Small Business Resource Center, 1100 4th Street SW, 4th Floor, Washington,
DC.
Credit
Hours: Licensees will receive 2.0 General Elective credit hours.
Questions:
regarding the laws and the education courses, can be directed to the Office of
Human Rights.
Simone
Smillie, simone.smillie@dc.gov, Business
Outreach Liaison
Ajan
Brown, ajan.brown@dc.gov, Community
Engagement Specialist
2017 – 2019 Real Estate Cycle
CE Mandatory Requirements = 15.0 Hours
DC Fair Housing 3.0 Hours
Legislative Update 3.0 Hours
*DC Ethics (2017 – 2019) 3.0 Hours
*New Required Course for current cycle*
General Electives 6.0 Hours
- Clifford
Cooks, Program Manager
- Leon Lewis, Executive
Director
- Patrice
Richardson, Board Administrator
- Kevin Cyrus,
Education Coordinator
- Kathy Thomas,
Education Liaison
- Arnebya
Herndon,Technical Writer/Editor
- Kia Winston,
Legal Counsel
June 8
Historic Preservation Seminars, Commission sponsored courses Gallaudet
University, Washington, DC
June 21-25
Real Estate
Educators Association Annual Meeting, San Diego, CA
July 24-29
National
Association of Real Estate Brokers, Annual Conference, Atlanta, GA
September 26-30
Association of
Real Estate License Law Officials, Annual Conference, St. Louis, MO
September 27
DC Real Estate Commission, Mandated Courses 2017 – 2019 Commission sponsored courses. Gallaudet University, Washington, DC
November 2-5
National Association of Realtors, Annual Conference & Expo, Boston, MA
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