By Megan Wehring
The Austin Board of Realtors (ABOR) is investigating the Hays Central Appraisal District’s (HCAD) use of unauthorized private real estate data.
On Tuesday, May 24, the ABOR issued a cease-and-desist letter to the HCAD instructing the district to stop using multiple listing service (MLS) data from Austin/Central Texas Realty Information Service (ACTRIS) without proper authorization.
“We are actively investigating the source(s) of the unauthorized data access and how MLS data may have been inappropriately used in the appraisal of Hays County properties,” said Emily Chenevert, Chief Executive Officer of ABOR. “The action we’ve asked them to take is to stop using unauthorized access to MLS data, which is covered under the cease and desist letter. If we are to find that individual subscribers of ACTRIS are misusing data that they are accessing for the purpose of using it at a governmental entity, then we will take action on an individual basis as well.”
ABOR explained that the MLS database has comprehensive housing information transmitted through several portals and websites that allows consumers to search on a variety of criteria for housing. It blends public tax records and information/photos specific to each home across Central Texas.
It is still unknown how the HCAD gained access to the information as the appraisal district did not disclose where or how it received the MLS data.
“In its annual effort to satisfy both its constitutional and statutory mandates to determine market values for properties within Hays County for tax assessment purposes, Hays CAD has utilized MLS sales data when provided to us and relevant,” said Laura Raven, Chief Appraiser. “Under generally accepted appraisal guidelines, groups of sales occurring within a region of the county and within appropriate time frames are widely considered to be the most useful information in establishing market values. The district routinely inquires of property owners, brokers and tax agents, reviews marketing materials, accesses public records and researches internet sources in its ongoing search for the most accurate information relating to property values.”
ABOR has not received any kind of response from the appraisal district.
“What we want everyone to understand is that ACTRIS MLS and the Austin Board of Realtors are incredibly proactive in addressing any concern as it relates to the unauthorized access of the MLS system,” Chenevert said. “The MLS system still remains the best and most complete marketplace and is the place to find the listings that you need if you are a buyer, it’s the place to gain the greatest exposure if you are a seller looking to make top dollar on a sale of your home and anytime we perceive that there is a concern around the confidentiality or privacy of the system, we take immediate action. We do that to help protect consumers and ensure that their expectations around the system are being met.”
The Hays Free Press/News-Dispatch is continuing to follow this issue. If new information becomes available, we will provide an update to the public. Also, if any property owners are affected by this situation and would like to share their story, please reach out to us by emailing [email protected].
