New York has not adopted the same altered-image statute used in California, but that does not make misleading AI listing images acceptable.
Last reviewed July 26, 2026 · Primary sources last verified July 26, 2026
Research-based general information, not legal advice. Requirements and enforcement can change. Review the official sources and confirm the workflow that applies to a particular property with the supervising broker, Department of State, applicable MLS or qualified New York attorney.
How to use this guide
Executive Summary
New York’s current public framework does not use California’s statewide original-image link or QR-code requirement.
Instead, New York applies existing rules against dishonest, misleading and materially false real estate advertising to AI-generated and manipulated property imagery.
AI may help visualize a property, but an advertisement still needs to describe and represent the property honestly and accurately.
A clear label and access to an original image may be a sensible risk-reduction practice, but the official sources reviewed for this guide do not create a universal New York QR-code formula equivalent to California AB 723.
Reading path
The Department of State published New York Department of State Issues New Trend Alert Warning Homebuyers of A.I. Generated Home Listings on November 13, 2025.
The warning says AI tools may create misleading or exaggerated representations of properties and raises concerns about accuracy, authenticity, false advertising, consumer trust, images that appear unrealistically perfect, distorted or inconsistent details, and manipulated views or property conditions.
The Department pointed to existing New York licensing and advertising rules rather than announcing a separate California-style image-disclosure statute.
New York’s real estate advertising rule covers promotion and solicitation related to licensed real estate activity across channels including websites, email, mail, telephone, signs, billboards, flyers and electronic advertising.
Section 175.25(c)(9) states that advertisements must include an honest and accurate description of the property to be sold or leased.
The Department of State’s AI warning applies that accuracy expectation to AI-generated and manipulated listing imagery.
Read the current 19 NYCRR §175.25 advertising regulation. The regulation controls over this summary.
Unlike California AB 723’s current sale-focused text, New York’s property-advertising rule refers to property being sold or leased.
Section 175.25 generally places property advertising under broker authority. The rule states that only a real estate broker may place or cause publication of advertisements related to the sale or lease of property.
An associate broker, salesperson or team may advertise property represented by their associated broker when the broker has approved the placement. The regulation also subjects salesperson and team websites to supervising-broker authorization and supervision.
New York Real Property Law §441-c authorizes the Department of State to revoke or suspend a broker’s or salesperson’s license, impose a fine or issue a reprimand under the circumstances described in the statute.
The grounds include fraud or fraudulent practices, dishonest or misleading advertising, untrustworthiness, incompetence, and specified violations of New York’s Human Rights Law committed in the licensee’s professional capacity.
Do not assume that saying "AI made the image" transfers responsibility away from the licensee or brokerage.
General Business Law §349 prohibits unfair, deceptive or abusive acts or practices in business, trade, commerce or services in New York.
General Business Law §350 declares false advertising unlawful.
The Department of State’s AI-listing warning identifies §§349, 350 and 350-a as additional sources relevant to misleading real estate advertising. These consumer-protection provisions are not limited to whether the advertiser holds a real estate license.
The official New York sources reviewed for this guide do not establish the same statewide altered-image process found in California Business and Professions Code §10140.8.
New York’s current public framework focuses on honest and accurate property advertising, prohibitions against dishonest or misleading advertising, licensee trustworthiness and competence, and consumer protection against deceptive practices and false advertising.
Do not tell New York agents that they are legally required to use California’s exact QR-code workflow unless a separate applicable rule, MLS policy, brokerage standard or later law requires it. At the same time, the absence of an identical statute is not permission to publish a misleading image.
Image review
The following language is not a New York statutory safe harbor and is not an official Department of State form.
Virtually staged image. Furnishings shown are digital and are not included with the property.
Digitally altered image. View the original, unaltered property photo here: [public link].
AI-generated renovation concept. This image does not show the property’s current condition.
Existing furnishings have been digitally removed and the room has been virtually staged.
A clearer disclosure is better than a vague "enhanced" label when the edit materially changes what consumers see.
Operational review
AI listing content and media must also avoid unlawful housing discrimination.
Use the national AI Compliance for Realtors guide and the forthcoming Fair Housing listing-language guide.
Commercial workflow support
Affiliate disclosure: Some links in this section may be affiliate links. AIandRealtors.com may earn a commission at no additional cost to the reader. An affiliate relationship does not mean a tool is legally compliant or approved by the New York Department of State.
Reel Estate combines property-video production, virtual staging and listing-oriented project review.
Its workflow can help identify music, overlays, watermarks, user-added text and staged imagery before an MLS-oriented export is created.
New York advertising-law review, broker approval, MLS verification, disclosure wording and final accuracy review.
Collov AI combines virtual staging with broader listing-media features and documents a one-click staging-disclaimer feature.
Useful where a staging workflow needs a visible disclaimer starting point and a broader media-review process.
Determining whether the final image remains honest and accurate, applying broker and MLS rules, preserving originals and choosing appropriate disclosure language.
Amplifiles turns listing photos into animated property videos and offers broader creative effects.
Useful for agents reviewing generated movement, effects, staging, creative overlays and video presentation before publishing.
Reviewing generated movement, effects, actors, staging or altered imagery for accuracy and disclosure before publication.
Download the Free Compliance Checklist
Download the printable checklist covering Fair Housing language, altered listing images, state and MLS review, AI video, recordkeeping and final human approval.
FAQ
Not automatically. The concern is whether the advertisement remains honest, accurate and non-misleading and complies with broker, MLS and other applicable requirements.
The official New York sources reviewed for this guide do not establish California’s universal original-image/QR-code framework. Check later laws, local MLS rules and brokerage policy before relying on that conclusion.
Yes. Section 175.25(c)(9) addresses the description of property being sold or leased.
New York’s advertising regulation generally places property advertising under broker authority and requires approval for advertising placed by associated licensees or teams.
No. A label does not cure an image that materially misrepresents the property.
Original-image retention is a prudent documentation and transparency practice. It may also be required by an MLS or brokerage even though the cited statewide framework does not mirror California’s original-link statute.
No. It is a regulator warning applying existing advertising, licensing and consumer-protection rules to AI-generated home listings.
No. Tools can support review, staging, labeling or separate exports, but the responsible broker and licensee must verify the final advertising.
AIandRealtors.com is not a law firm and does not provide legal advice.
This guide contains general educational information based on statutes, regulations, regulator publications and editorial analysis.
It reflects research as of the displayed review date. It may not include later legislation, Department of State interpretations, court decisions, MLS requirements, brokerage policies or facts specific to a transaction.
Our summaries, examples, checklists and suggested disclosure wording are starting points only.
The official source controls over an editorial summary.
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