New York S 9584: Relates to digital representations in real estate listings

Bill Text

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S09584 Summary:

BILL NOS09584 

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SAME ASSAME AS A11403

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SPONSORMAY

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COSPNSR

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MLTSPNSR

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Add §349-i, Gen Bus L; amd §441-c, RP L

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Designates materially misleading digital representations in real estate listings as an unfair, deceptive or abusive act or false advertising; provides that a licensed real estate broker or salesperson shall be subject to suspension or revocation of their license for a violation of such provisions.

Go to top S09584 Actions:

BILL NOS09584 

&nbsp

03/26/2026REFERRED TO CONSUMER PROTECTION

04/28/2026REPORTED AND COMMITTED TO JUDICIARY

Go to topS09584 Committee&nbspVotes:

Go to topS09584 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09584 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9584

 IN SENATE

 March 26, 2026
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law and the real property law, in
 relation to digital representations in real estate listings

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new section
 2 349-i to read as follows:
 3 § 349-i. Digital representations in real estate listings. 1. For the
 4 purposes of this section, the following terms shall have the following
 5 meanings:
 6 (a) "Digital representation" means any image, video, or interactive or
 7 immersive media used to advertise or market real property, including
 8 virtual tours.
 9 (b) "Virtual tour" means any interactive, panoramic, or simulated
 10 walkthrough that represents the layout or spatial relationships of real
 11 property.
 12 (c) "Material alteration" means a modification that would affect a
 13 reasonable consumer's understanding of real property's condition,
 14 features, or layout.
 15 2. It shall constitute an unfair, deceptive or abusive act under
 16 section three hundred forty-nine of this article and false advertising
 17 under section three hundred fifty of this article to use or publish a
 18 digital representation of real property containing material alterations
 19 that materially misrepresent, or materially interfere with, a reasonable
 20 consumer's understanding of:
 21 (a) the condition of the property;
 22 (b) the existence of physical features or improvements; or
 23 (c) the layout, dimensions, or spatial relationships of the property.
 24 3. (a) Any digital representation that has been materially altered
 25 shall include a clear and conspicuous disclosure that such material
 26 alterations are present.
 27 (b) Where virtual staging is used, a digital representation shall
 28 disclose that furnishings or finishes were digitally added.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15359-01-6

 S. 9584 2

 1 (c) No digital alteration shall add non-existent physical features or
 2 remove or conceal known material defects in real property without clear
 3 and conspicuous disclosure.
 4 4. (a) A virtual tour shall not materially misrepresent, or materially
 5 interfere with a reasonable consumer's understanding of the layout,
 6 dimensions, or spatial relationships of a real property.
 7 (b) A virtual tour that includes digitally generated, reconstructed,
 8 or conceptual elements that do not depict real property as it actually
 9 exists shall be clearly and conspicuously labeled as a conceptual or
 10 AI-generated representation.
 11 (c) No virtual tour shall depict spaces, features, or configurations
 12 that do not exist, except where clearly and conspicuously disclosed.
 13 5. The use or publication of a digital representation that is in
 14 violation of subdivision two, three or four of this section by a
 15 licensed real estate broker or salesperson shall constitute untrustwor-
 16 thiness or incompetency under paragraph (a) of subdivision one of
 17 section four hundred forty-one-c of the real property law, and the
 18 department of state shall be authorized to revoke the license of such
 19 real estate broker or salesperson, suspend such license, or impose a