New York AI Virtual Staging Compliance
No AI statute, but RPL §441-c + GBL §§349/350 provide a private right of action
New York has no AI-specific real estate statute, but the Department of State issued a Trend Alert in November 2025 warning that undisclosed AI listings violate existing deceptive-advertising rules under Real Property Law §441-c. REBNY (the NYC RLS) prescribes the watermark "Virtual Staging — Furniture Not Included" for every virtually staged photo. General Business Law §§349 and 350 add private civil exposure with attorney-fee shifting.
Last updated 2026-05-19
Key facts for New York realtors
- ●NY DOS Trend Alert (November 2025) flags undisclosed AI listings as a target for enforcement.
- ●REBNY watermark: "Virtual Staging — Furniture Not Included" required on every virtually staged photo.
- ●RPL §441-c authorises broker license discipline for deceptive advertising.
- ●GBL §§349/350 provide a private right of action with attorneys-fee shifting.
- ●NYC-specific: the Hudson Gateway and Long Island boards align with REBNY framework.
- ●No reported AI staging civil judgment in New York as of mid-2026.
MLS boards in New York
REBNY RLS
Prescribed watermarkReal Estate Board of New York. Watermark "Virtual Staging — Furniture Not Included" required on every virtually staged image.
OneKey MLS
Aligned disclosureHudson Gateway / Long Island unified MLS. Disclosure required; watermark recommended.
Civil exposure ranking: #4 in the US
GBL §§349/350 private right of action + RPL §441-c disciplinary action + DOS Trend Alert signaling enforcement intent.
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Try SofaBrain — FreeDisclaimer. This page summarises New York laws, MLS rules, ethics guidance, and insurance practices as of 2026-05-19. It is not legal advice and does not create an attorney-client relationship. For specific compliance questions, consult an attorney licensed in New York or your E&O carrier.