"The group is expecting NAR's approval by May of this year," Madlin says. "My belief is that the small firms can head the move to create an MLS through NAR and the big firms will have to join. Almost 100 firms are signed up."

Throughout all the positioning for an MLS, REBNY has placed itself in the middle of the mix. Back in November the industry came together to create an MLS and REBNY agreed to arbitrate in order to get the MLS off the ground and help their members create what would be a first for Manhattan, but nothing has happened.

"The reality is that REBNY's goal is to find consensus in the industry and at the moment there is no consensus," claims Deborah Beck, executive vice president of REBNY. "For us to say we're in favor of X and not Y would be a disservice to those that want that alternative. What REBNY is trying to do is keep our members unified where there is agreement."

"REBNY is always willing to help our members in whatever needs they may have and our behavior pertaining to the NAR bid speaks for itself," Beck continues. "REBNY got the papers, all the details for entry, in addition to getting the players together who were interested and basically handed them everything with a full list of instructions so that they could run with it."

However, not everyone agrees that REBNY's inability to get the industry together to create an MLS is because the organization is looking for consensus. "REBNY, from the first meeting they had at their inception, has been controlled by the large commercial brokerages," according to Robert Eychner of Eychner Associates and a member of the MBR group.

"With the advent of more residential product," Eychner continues, "REBNY has developed a residential wing, but only the big firms run that wing. NAR will approve our proposal in May and assist us at that point in putting together a real MLS that works for the benefit of the brokers and the consumers."

On the other side of the coin, not everyone in the MBR feels that joining NAR will facilitate an MLS. "An MLS is not going to be effective unless every firm is involved," says Cornelia A. Netter of Netter Real Estate, who with David Michonski of Coldwell Banker Hunt Kennedy started the MBR. "The problem is that the big firms are reluctant to be in an MLS, and until they change their position, there is no backdoor."

At presstime, The Corcoran Group, the largest residential firm here, did not return calls. Also, Douglas Elliman, the second largest, refused to comment on the actions of the MBR and their stance on an MLS. NAR is on track to hear the case of the MBR in two months time. At present, the Bronx has claim to the Manhattan area under the Bronx-Manhattan division of NAR, which could complicate things if that group is not willing to give up their right to Manhattan.