S T A T E O F N E W Y O R K
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11635
I N A S S E M B L Y
July 29, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
-- read once and referred to the Committee on Housing
AN ACT to amend the real property law, in relation to requiring the
disclosure of digitally altered images in an advertisement or other
promotional material for the sale or lease of real property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
443-b to read as follows:
§ 443-B. DISCLOSURE OF DIGITALLY ALTERED IMAGES. 1. FOR PURPOSES OF
THIS SECTION:
(A) "DIGITALLY ALTERED IMAGE" MEANS A STILL-PHOTO IMAGE, CREATED BY OR
AT THE BEHEST OF THE REAL ESTATE BROKER, SELLER, PROPERTY OWNER OR PROP-
ERTY MANAGER, THAT HAS BEEN ALTERED THROUGH THE USE OF PHOTO EDITING
SOFTWARE OR ARTIFICIAL INTELLIGENCE TO ADD, REMOVE, OR CHANGE ELEMENTS
OF THE REAL PROPERTY OFFERED FOR SALE OR LEASE IN THE IMAGE, INCLUDING,
BUT NOT LIMITED TO, FURNITURE, APPLIANCES, FLOORING, AND WALLS.
"DIGITALLY ALTERED IMAGE" DOES NOT INCLUDE THE USE OF PHOTO EDITING
SOFTWARE TO ADJUST LIGHTING, SHARPENING, WHITE BALANCE, COLOR
CORRECTION, ANGLE, STRAIGHTENING, CROPPING, EXPOSURE, OR OTHER COMMON
PHOTO EDITING ADJUSTMENTS THAT DO NOT CHANGE THE CONDITIONS OF THE REAL
PROPERTY.
(B) "AI-GENERATED IMAGE" MEANS A STILL-PHOTO OR VIDEO IMAGE CREATED IN
WHOLE OR IN PART BY GENERATIVE ARTIFICIAL INTELLIGENCE, WHICH, GIVEN A
SET OF HUMAN DEFINED OBJECTIVES, PRODUCES VISUAL OUTPUTS.
2. (A) A REAL ESTATE BROKER, SELLER, PROPERTY OWNER OR PROPERTY MANAG-
ER WHO INCLUDES A DIGITALLY ALTERED OR AI-GENERATED IMAGE IN AN ADVER-
TISEMENT OR OTHER PROMOTIONAL MATERIAL FOR THE SALE OR LEASE OF REAL
PROPERTY SHALL INCLUDE IN THE ADVERTISEMENT OR PROMOTIONAL MATERIAL A
STATEMENT DISCLOSING THAT THE IMAGE HAS BEEN ALTERED. THE STATEMENT
SHALL BE CONSPICUOUSLY LOCATED ON OR ADJACENT TO EACH ALTERED IMAGE.
(B) IF THE ADVERTISEMENT OR PROMOTIONAL MATERIAL IS POSTED ON AN
INTERNET WEBSITE, THE REAL ESTATE BROKER, SELLER, PROPERTY OWNER OR
PROPERTY MANAGER SHALL INCLUDE THE UNALTERED VERSION OF THE IMAGES FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15746-02-6
A. 11635 2
WHICH A DIGITALLY ALTERED IMAGE IS INCLUDED IN THE POSTING. A REAL
ESTATE BROKER, SELLER, PROPERTY OWNER OR PROPERTY MANAGER MAY COMPLY
WITH THIS REQUIREMENT BY INCLUDING A LINK TO THE ORIGINAL IMAGE.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.