2026 compliance guide for real estate professionals • Reviewed September 10, 2026
New York's Department of State warns that AI-generated listing images can be deceptive. Under 19 NYCRR §175.25(c)(9), advertising must depict the property being sold or leased honestly and accurately. The DOS alert does not prescribe a universal staging watermark. Clear labeling and original-photo comparison are recommended practices; confirm whether your MLS makes a particular format mandatory.
The DOS identifies license discipline under Real Property Law §441-c and potential monetary penalties under General Business Law §§349, 350, and 350-a. Outcomes depend on the misleading conduct and the applicable enforcement provision.
Check the completed image against the original for altered dimensions, invented finishes, hidden damage, and changed window views. A staging label does not make a misleading depiction acceptable.
Use required photo fields, remarks, and any prescribed original-image or labeling format. New York's general accuracy rule should not be represented as a statewide requirement for a specific watermark.
As a recommended practice, retain matching originals, record the changes, and check the published listing on mobile and syndication sites. Make clear which photos show the property's present condition.
Describe the edits accurately and replace every bracketed placeholder. Check the required wording, image placement, MLS fields, and original-photo access described above. Use custom image labels only where permitted. A template does not authorise an otherwise prohibited or misleading alteration.
“The identified images have been digitally altered with virtual furniture and decor. These items are not physically present. View the corresponding original, unaltered photographs at: [PUBLIC ORIGINAL-IMAGE LINK].”
“Digitally altered / virtually staged image. The furniture and decor shown were digitally added and are not physically present. View the original, unaltered image: [PUBLIC ORIGINAL-IMAGE LINK].”
“This photograph has been digitally altered with virtual furniture and decor. These items are not physically present. Compare the clearly identified original, unaltered image shown alongside it or at: [PUBLIC ORIGINAL-IMAGE LINK].”
“DIGITALLY ALTERED / VIRTUALLY STAGED – Original image: [PUBLIC URL OR QR CODE]”
Guide reviewed September 10, 2026. Links below include legislation, regulator guidance, and board or MLS materials. Their scope differs: a board rule is not statewide law, and a regulator homepage is not proof that no other rules exist. This guide does not verify every local MLS policy. Confirm the current requirements before publishing.
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