# New York Agents: What Is Confirmed About Virtual Staging Disclosure New York listings must accurately depict the property under Department of State rules. We could not confirm REBNY's specific staging-label wording from its published rules, so verify it with REBNY before you publish. - State: New York (NY) - Risk level: high - Last verified: 2026-10-11 - Confidence tier: verified_secondary_guidance — verified against secondary public guidance (MLS advisory, regulator memo, or REALTOR association PDF) - Canonical page: https://relto.app/mls-compliance/new-york ## Summary New York has no virtual-staging-specific statute. The Department of State requires listings to depict the property accurately (19 NYCRR 175.25(c)(9)) and can discipline licensees for misleading advertising under Real Property Law 441-c, and GBL 349 and 350 add consumer exposure. OneKey MLS Rules and Procedures Section 307 requires listing images to accurately reflect only the listed property and bars manipulating images to obscure MLS identifying information. REBNY's specific virtual-staging labeling rule could not be confirmed from its published rules for this page, so verify it with REBNY before relying on any watermark wording. ## Virtual staging laws in New York ### New York General Business Law § 349-350 Prohibits deceptive acts and practices and false advertising. Broad consumer protection statute with private right of action. ### NY Real Property Law § 441-c and 19 NYCRR § 175.25(c)(9) Real Property Law 441-c allows Department of State discipline of brokers and salespersons for dishonest or misleading advertising. 19 NYCRR 175.25(c)(9) requires listings to accurately depict the property. ### NY Synthetic Performer Law (SB-8420A) Signed December 11, 2025, effective June 9, 2026. Requires disclosure of AI-generated figures in advertising. Civil penalties of $1,000 first offense, $5,000 subsequently. May apply only if an ad uses an AI-generated, human-appearing performer; it does not govern staged room photos. Effective: June 9, 2026. ### NY Department of State Trend Alert (2025) In November 2025 the NY Department of State issued a trend alert warning that AI-generated or altered listing images may be misleading, citing Real Property Law § 441-c and 19 NYCRR § 175.25(c)(9) and noting GBL § 349, 350 and 350-a exposure. ## What New York MLS boards require for virtual staging ### REBNY - Disclosure rule: Disclosure and labeling requirements for REBNY's RLS could not be confirmed from REBNY's published rules for this page. Verify current photo and staging-disclosure requirements with REBNY's RLS compliance team before relying on any specific watermark wording. - Permitted: Staging with disclosure; verify with REBNY. - Prohibited: Photos that do not accurately depict the listed property (see 19 NYCRR 175.25(c)(9)). - Penalty: Verify with REBNY. ### OneKey MLS - Disclosure rule: OneKey's published Rules & Procedures Section 307 requires listing images to accurately reflect only the listed property and bars manipulating images to obscure MLS identifying information. OneKey's published help articles do not state a specific virtual-staging disclosure format; confirm in the current Rules & Procedures. - Permitted: Not verified; confirm with OneKey MLS. - Prohibited: Images that do not accurately reflect the listed property, or that are manipulated to obscure MLS identifying information (Section 307). - Penalty: Section 307 violations carry an automatic fine per OneKey's published guidance. ## What happens if you skip disclosure in New York - GBL § 349 Damages (civil): Actual damages or $50 (whichever greater) + up to 3x for willful/knowing violations (capped at $1,000) + attorney fees - DOS Discipline (regulatory): Department of State can discipline licensees for misleading advertising under Real Property Law § 441-c - MLS Enforcement (mls): OneKey Section 307 violations carry an automatic fine per OneKey guidance; REBNY enforcement terms not verified ## What you need to know - REBNY's specific virtual-staging labeling rule was not confirmed from published rules; verify with REBNY - Department of State rule 19 NYCRR § 175.25(c)(9) requires listings to accurately depict the property - OneKey MLS Section 307 requires listing images to accurately reflect only the listed property - GBL § 349 provides private right of action; treble damages for willful/knowing violations capped at $1,000 - NY Synthetic Performer law (effective June 2026) may apply only to ads using AI-generated human-appearing performers - In November 2025 the NY Department of State warned that AI-generated or altered listing images may be misleading - Pending bills A11635 (Assembly) and S9584 (Senate) would address digitally altered listing images; neither has passed a chamber ## How to disclose properly - Confirm REBNY and OneKey staging-disclosure requirements directly with each MLS; the exact format was not confirmed - Standard NAR Articles 2 and 12 compliance - Listing descriptions should note virtual staging ## Broker warning We could not confirm REBNY's specific watermark or labeling wording from its published rules, so check it with REBNY before you rely on any format. What is confirmed: listings must accurately depict the property (19 NYCRR § 175.25(c)(9)), misleading advertising can draw Department of State discipline (RPL § 441-c), and GBL § 349 and 350 give buyers a path to sue. ## Questions New York agents ask about virtual staging ### What watermark does REBNY require for virtual staging? We could not confirm REBNY's virtual-staging labeling rule from its published rules, so we do not state a required wording. Ask REBNY's RLS compliance team for the current requirement. Regardless of label, listing photos must accurately depict the property under 19 NYCRR § 175.25(c)(9). ### Can buyers sue over undisclosed virtual staging in New York? Yes. Under GBL § 349, buyers have a private right of action for deceptive practices. Damages include actual damages or $50 (whichever is greater). For willful or knowing violations, the court may award up to 3x damages, capped at $1,000. Attorney fees are also recoverable. The larger exposure in high-value transactions comes from common-law fraud and misrepresentation claims. ### Does New York have a virtual staging law like California? Not yet enacted. Assembly Bill A11635, introduced by Assemblymember Linda Rosenthal in July 2026, would require disclosure of digitally altered images in sale and lease advertising. As of October 2026 its only recorded action is referral to the Assembly Housing Committee on July 29, 2026. Separately, New York City Mayor Zohran Mamdani proposed on July 16, 2026 that landlords, brokers and listing platforms disclose AI-created or altered rental photos; that is a proposal, not a rule. A separate Senate bill, S9584 (Sen. May), was reported out of the Senate Consumer Protection Committee on April 28, 2026 and sits in Judiciary; it would treat materially misleading digital representations in listings as deceptive advertising with license discipline. Neither bill has passed a chamber. Current enforcement relies on Department of State advertising rules (19 NYCRR § 175.25), GBL § 349-350, and MLS rules. ### How does RELTO handle REBNY watermark requirements? RELTO supports configurable watermark text so brokerages can match the requirements their MLS board confirms to them. Enterprise plans enforce consistent watermark policies across all agents. ## Sources - Primary source: https://support.onekeymls.com/hc/en-us/articles/43266003075988-Accurate-Listing-Media-and-Information-Violation - OneKey MLS — Accurate Listing Media and Information Violation: https://support.onekeymls.com/hc/en-us/articles/43266003075988-Accurate-Listing-Media-and-Information-Violation - OneKey MLS — Understanding Fine Escalations and Calculations: https://support.onekeymls.com/hc/en-us/articles/46836839174804-Understanding-Fine-Escalations-and-Calculations - NY Senate — S9584, digital representations in real estate listings: https://www.nysenate.gov/legislation/bills/2025/S9584 - NY Assembly — A11635, disclosure of digitally altered images in advertising: https://www.nysenate.gov/legislation/bills/2025/A11635 ## Not legal advice This page is for general information only and is not legal advice. RELTO is a virtual-staging technology provider, not a law firm. Statutes, MLS rules, and enforcement practices change. This entry is verified against secondary public guidance (MLS advisory, regulator memo, or REALTOR association PDF). Before you act, confirm the current rule with the statute or MLS rulebook itself, your broker of record, and a licensed New York real-estate attorney.