WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
A violation of Section 1940.11 of the Civil Code by a licensee shall be deemed a violation of this part.
This section provides that a violation of the new rental-property disclosure requirements (Civ. Code § 1940.11) by a person licensed under the Real Estate Law is deemed a violation of the Real Estate Law (Bus. & Prof. Code Part 1). This subjects licensed real estate brokers and salespersons to the full range of Real Estate Law enforcement, including administrative discipline and criminal penalties for willful violations.
(a)(1) "Capture deviceCapture device"Capture device" has the same meaning as defined in Section 22757.1. of the Business and Professions Code.Civ. Code § 1940.11(a)(1)" has the same meaning as defined in Section 22757.1. of the Business and Professions Code.
(a)(2)(A)–(B) "Digitally altered imageDigitally altered image(A) "Digitally altered image" means an image created by or at the direction of a person that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. (B) "Digitally altered image" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.Civ. Code § 1940.11(a)(2)" means an image created by or at the direction of a person that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. (B) "Digitally altered imageDigitally altered image(A) "Digitally altered image" means an image created by or at the direction of a person that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. (B) "Digitally altered image" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.Civ. Code § 1940.11(a)(2)" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.
(b)(1) 1 A person who includes a digitally altered imageDigitally altered image(A) "Digitally altered image" means an image created by or at the direction of a person that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. (B) "Digitally altered image" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.Civ. Code § 1940.11(a)(2) in an advertisement or other promotional material for rental of real property shall include in the advertisement or promotional material a statement disclosing that the image has been altered and a link to a publicly accessible internet website, URL, or QR code that includes, and clearly identifies, the original, unaltered image. The statement shall be reasonably conspicuous and located on or adjacent to the image and shall include language indicating that the unaltered images can be accessed on the linked internet website, URL, or QR code.
(b)(2) 2 If an advertisement or promotional material described in paragraph (1) is posted on an internet website over which a person has control, they shall include the unaltered version of the images from which the digitally altered imagesDigitally altered image(A) "Digitally altered image" means an image created by or at the direction of a person that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. (B) "Digitally altered image" does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property.Civ. Code § 1940.11(a)(2) were created in the posting. A person subject to this paragraph may comply with this requirement by including a link to a publicly accessible internet website that includes, and clearly identifies, the original, unaltered image. If the person complies with this requirement by including a link to the unaltered images, the statement required by paragraph (1) shall include language indicating the unaltered images can be accessed on the linked internet website, URL, or QR code.
(c) Notwithstanding subdivision (b), an unaltered version of an image required to be made available pursuant to subdivision (b) shall not include an image or architectural or artistic rendering that was not originally created through the use of a capture deviceCapture device"Capture device" has the same meaning as defined in Section 22757.1. of the Business and Professions Code.Civ. Code § 1940.11(a)(1).
Section 1940.11 is the operative heart of the bill, imposing two related disclosure obligations on any person who uses digitally altered images in rental property advertising. Subsection (b)(1) requires a conspicuous statement disclosing that the image has been altered, plus a link, URL, or QR code to the original unaltered image. Subsection (b)(2) adds a further requirement when the advertisement appears on an internet website under the person's control: the unaltered version must also be included directly in the posting (or via a link).
Subsection (c) clarifies that the obligation to provide unaltered images does not require production of images that were never captured by a camera — such as architectural renderings or artistic illustrations — ensuring that only photographs originally taken by a capture device trigger the disclosure requirement.
The obligations run to "a person" broadly, covering landlords, property managers, real estate agents, listing platforms, and anyone else who creates or directs the creation of digitally altered rental property images.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Standard California legislative boilerplate stating that no state reimbursement to local agencies or school districts is required because costs arise solely from the creation of a new crime or infraction within the meaning of the California Constitution.