As of September 2026, two states have passed laws on digitally altered listing photos. California's AB 723 has applied since January 1, 2026, and Wisconsin's Act 69 starts January 1, 2027. New York and New Jersey have bills pending, and New York City has announced a rule for rental listings. Everywhere else, MLS rules and general false-advertising law still apply, and most MLSs already require a label on staged photos.
I've only listed places where I could read the law, the bill or an official announcement. States with nothing on the books aren't in the table, because "no law" would be a guess about fifty legislatures. Check back, because this list is changing month to month.
Which states have an AI photo disclosure law?
| Where | Status (Sept 2026) | What it covers | What you have to do |
|---|---|---|---|
| California | Law, in force since Jan 1, 2026 | Any image altered to add, remove or change elements, including furniture, flooring, paint, landscaping and views | A statement on or next to the image, plus a link or QR code to the original |
| Wisconsin | Law, effective Jan 1, 2027 | Advertising altered with technology, including AI, to add, remove or change elements of the property in a false or misleading way | Disclose in all advertising |
| New York | Bill S9584, introduced March 26, 2026 | Images, videos and virtual tours with material alterations to condition, features or layout | Pending. Would add license suspension or revocation for violations |
| New Jersey | Bill A4728, pending | AI or editing that fundamentally alters photos of homes for sale or rent | Pending. Would allow disclosed staging of movable items only |
| New York City (rentals) | Announced July 2026 | Rental listing photos altered with AI or other digital tools | Details not yet published |
Sources: AB 723 text, 2025 Wisconsin Act 69, New York S9584, Law Commentary's September 10, 2026 summary for New Jersey A4728, and Realtor.com on the NYC rule.
What does California's AB 723 require?
California's law is the strictest in force. Under Business and Professions Code 10140.8, an agent who uses a digitally altered image in an ad has to include two things:
- A statement that the image was altered, "reasonably conspicuous and located on or adjacent to the image."
- A link, URL or QR code to a public page that "includes, and clearly identifies, the original, unaltered image." On a website the agent controls, the original can go in the posting itself.
The definition is broad. Its list starts with fixtures and furniture and runs all the way to floor plans. It also covers things outside the property, such as streetlights, utility poles, views through windows and neighboring houses. Normal adjustments are excluded when they "do not change the representation of the real property": lighting, sharpening, white balance, color correction, angle, straightening, cropping and exposure.
The Department of Real Estate's March 17, 2026 advisory adds a warning. Responsibility for AI output "rests with the licensee and their responsible broker, not the technology provider." Failing to review AI-generated images "may result in violations even if the alteration was unintentional." Our AB 723 guide goes through it edit by edit.
What does Wisconsin's law say?
2025 Wisconsin Act 69 was enacted December 9, 2025 and takes effect January 1, 2027. The photo part is one sentence, new section 452.136 (1m):
A licensee shall in all advertising disclose if the advertising has been altered or modified using technology, including artificial intelligence, to add, remove, or change elements of the property that creates a false or misleading impression of the property.
It doesn't require a link to the original the way California does, and it doesn't list edit types. The trigger is a change to the property that "creates a false or misleading impression." I'd read virtual staging as covered and label it, since a furnished room that is actually empty is the plainest case of changing what the photo shows. The act doesn't prescribe wording. Disclosure wording has templates that work under either state's law.
Which states have bills pending?
New York: S9584
Senate Bill 9584 was introduced March 26, 2026 and sent to the Committee on Consumer Protection. It would make it a deceptive act and false advertising to publish images, video or virtual tours with material alterations that misrepresent a property's condition, features or layout. A "material alteration" is one "that would affect a reasonable consumer's understanding" of those things. According to Law Commentary, it would also require labels on AI-generated or reconstructed virtual tours and allow license suspension or revocation for violations.
New Jersey: A4728
Law Commentary reports that Assembly Bill 4728 would generally ban using AI or editing software to fundamentally alter listing photos for homes for sale or rent. Digital staging of furniture and other non-fixed items would stay allowed if disclosed, and buyers or renters could ask for the original photos. The bill would also require listing photos to reflect the property's current state and generally be no more than five years old. I couldn't load the bill text on the New Jersey Legislature's site, so treat those details as reported, not quoted.
California rentals
Zillow wrote in July 2026 that California has legislation under consideration for rental listings too. AB 723 covers advertising "for the sale of real property."
What about New York City rentals?
In July 2026 the city released its Rental Ripoff Report, and one of its actions is requiring rental listings to disclose photos altered with AI or other digital tools. Realtor.com reports that the city hasn't yet said whether every staged sofa or swapped sky will trigger disclosure, or whether cropping and brightening will be exempt. Landlords should label altered photos now. Rental listing photos covers the rest of a rental shoot.
My state isn't listed. Do I still have to disclose?
Almost certainly, through your MLS. Most MLSs require a label on virtually staged photos, whatever state they're in. Stellar MLS in Florida wants "Virtually staged" in the photo description and a line at the start of the public remarks. Canopy MLS in North Carolina wants the disclosure on the image itself. Our MLS rules guide covers more boards.
And there's the general law. Zillow's July 2026 post notes that no federal standard exists specifically for AI photos, but the FTC Act and state laws already require listing photos not to be misleading. Article 12 of NAR's Code of Ethics asks for "a true picture" in advertising.
The practical rule is the same everywhere: label anything that adds, removes or changes what's in the room, post the original beside it, and never change the house itself. That covers most of what these laws ask. California also wants the link to the original. Is virtual staging legal? covers what's allowed and what's banned.
Where Real Estate Camera fits
Real Estate Camera is our app. It tags every staged result "virtually staged" and keeps the original next to it, so you have both files to upload. It doesn't swap skies, change floors or repaint walls. It won't build California's link to the original for you, and it doesn't stamp text onto the image. Those steps happen in your MLS or on your listing site. Staging costs 2 credits a room; see pricing.
For how our app flags staged photos, see virtual staging for realtors.
Try it on one room and see the label before it reaches your MLS. Start free: 1 credit.
Questions
Which states require disclosure of AI-edited listing photos?
As of September 2026, two states have passed a law. California's AB 723 has been in force since January 1, 2026. Wisconsin's Act 69 takes effect January 1, 2027. New York (S9584) and New Jersey (A4728) have bills pending.
Does my state have a virtual staging disclosure law?
Only California and Wisconsin had passed one as of September 2026. In other states, your MLS rules and your state's general ban on misleading advertising still apply, and most MLSs already require a label on virtually staged photos.
Do I have to disclose basic photo edits like brightness or straightening?
Not under California's law, which excludes lighting, sharpening, white balance, color correction, straightening, cropping and exposure when they don't change how the property is represented. Wisconsin's law targets changes that create a false or misleading impression.
Is there a federal law on AI listing photos?
No. Zillow wrote in July 2026 that no federal standard exists specifically for AI-generated listing photos, though the FTC Act and state laws already require that listing photos not be misleading.



