WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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) As used in this section: "BuyerBuyer"Buyer" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective tenant in a real estate rental or lease transaction.Section 1(a)" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective tenant in a real estate rental or lease transaction. "Buyer's agentBuyer's agent"Buyer's agent" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86).Section 1(a)" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86). "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human connection through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1(a)" means a technology system that: (1) is trained on data; (2) is designed to simulate human connection through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight. "SellerSeller"Seller" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective landlord in a real estate rental or lease transaction. In the case of a mobile or manufactured home park, "seller" shall include the owner of an individual dwelling unit within the mobile or manufactured home park, if the dwelling unit is leased by the owner of the individual dwelling unit, and shall include the owner of the dwelling site that is leased to the owner of an individual dwelling unit.Section 1(a)" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective landlord in a real estate rental or lease transaction. In the case of a mobile or manufactured home park, "sellerSeller"Seller" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective landlord in a real estate rental or lease transaction. In the case of a mobile or manufactured home park, "seller" shall include the owner of an individual dwelling unit within the mobile or manufactured home park, if the dwelling unit is leased by the owner of the individual dwelling unit, and shall include the owner of the dwelling site that is leased to the owner of an individual dwelling unit.Section 1(a)" shall include the owner of an individual dwelling unit within the mobile or manufactured home park, if the dwelling unit is leased by the owner of the individual dwelling unit, and shall include the owner of the dwelling site that is leased to the owner of an individual dwelling unit. "Seller's agentSeller's agent"Seller's agent" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86).Section 1(a)" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86).
(b) 1 In advertising a dwelling unit or, in the case of a mobile or manufactured home park, dwelling site for sale, rent, or lease, a sellerSeller"Seller" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective landlord in a real estate rental or lease transaction. In the case of a mobile or manufactured home park, "seller" shall include the owner of an individual dwelling unit within the mobile or manufactured home park, if the dwelling unit is leased by the owner of the individual dwelling unit, and shall include the owner of the dwelling site that is leased to the owner of an individual dwelling unit.Section 1(a) or seller's agentSeller's agent"Seller's agent" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86).Section 1(a) shall not utilize photos of the dwelling unit or dwelling site which have been, in whole or in part, created or edited with the use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human connection through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1(a) or other photo editing software intended to fundamentally alter an image. A photo used to advertise a dwelling unit or dwelling site for sale, rent, or lease shall: (1) reflect the actual, current state of the dwelling unit or dwelling site; and (2) be not older than five years.
(c) 1 Notwithstanding the provisions of subsection b. of this section, in advertising a dwelling unit or, in the case of a mobile or manufactured home park, dwelling site for sale, rent, or lease, a sellerSeller"Seller" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective landlord in a real estate rental or lease transaction. In the case of a mobile or manufactured home park, "seller" shall include the owner of an individual dwelling unit within the mobile or manufactured home park, if the dwelling unit is leased by the owner of the individual dwelling unit, and shall include the owner of the dwelling site that is leased to the owner of an individual dwelling unit.Section 1(a) or seller's agentSeller's agent"Seller's agent" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86).Section 1(a) may utilize generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human connection through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1(a) or other photo editing software for the purpose of adding furniture and other non-fixed items to an image that otherwise reflects the actual, current state of the dwelling unit or dwelling site. The use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human connection through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1(a) or other photo editing software pursuant to this section shall not be for the purpose of disguising a flaw in the dwelling unit or dwelling site.
(d)(1)–(2) 2 A sellerSeller"Seller" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective landlord in a real estate rental or lease transaction. In the case of a mobile or manufactured home park, "seller" shall include the owner of an individual dwelling unit within the mobile or manufactured home park, if the dwelling unit is leased by the owner of the individual dwelling unit, and shall include the owner of the dwelling site that is leased to the owner of an individual dwelling unit.Section 1(a) or seller's agentSeller's agent"Seller's agent" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86).Section 1(a) that elects to utilize generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human connection through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1(a) or other photo editing software pursuant to subsection c. of this section shall: (1) disclose the use of generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human connection through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1(a) or other photo editing software in each advertisement of the dwelling unit or dwelling site; and (2) upon request, provide the original, unaltered images of the dwelling unit or dwelling site to a buyerBuyer"Buyer" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective tenant in a real estate rental or lease transaction.Section 1(a) or buyer's agentBuyer's agent"Buyer's agent" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86).Section 1(a).
(e) A sellerSeller"Seller" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86), to include an actual or prospective landlord in a real estate rental or lease transaction. In the case of a mobile or manufactured home park, "seller" shall include the owner of an individual dwelling unit within the mobile or manufactured home park, if the dwelling unit is leased by the owner of the individual dwelling unit, and shall include the owner of the dwelling site that is leased to the owner of an individual dwelling unit.Section 1(a) or seller's agentSeller's agent"Seller's agent" means the same as that term is defined in section 1 of P.L.2024, c.32 (C.45:15-16.86).Section 1(a) who violates a provision of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of $500 for the first offense and up to $1,000 for the second and each subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this subsection.
Section 1 is the operative core of the bill. It defines key terms, establishes a general prohibition on the use of AI-generated or fundamentally altered photos in real estate advertising, carves out a narrow exception for virtual staging (adding furniture and non-fixed items), imposes disclosure and original-image-production obligations when the exception is invoked, and sets civil penalties for violations. The prohibition applies to sellers and sellers' agents advertising dwelling units or dwelling sites for sale, rent, or lease.
The virtual-staging exception in subsection (c) is tightly bounded: AI or photo-editing software may be used to add furniture and non-fixed items, but only if the underlying image reflects the property's actual current state and the editing is not used to disguise a flaw. When the exception is used, subsection (d) requires both in-advertisement disclosure and production of unaltered originals upon request. The penalty structure in subsection (e) is modest — $500 for a first offense and up to $1,000 for subsequent offenses — enforced via summary proceeding.
3 Within one year of the effective date of P.L. , c. (C. ), the New Jersey Real Estate Commission shall promulgate, pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.), any regulations as are necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
Section 2 directs the New Jersey Real Estate Commission to promulgate regulations necessary to effectuate the bill's provisions within one year of the effective date. The first reprint strengthened this from permissive ("may") to mandatory ("shall") and added a one-year deadline, reflecting legislative intent that the Commission actively regulate in this space rather than merely retain the option to do so.
This act shall take effect on the first day of the second month next following the date of enactment except that the New Jersey Real Estate Commission may take anticipatory action as may be necessary. This act shall apply to photo advertisements concerning dwelling units and dwelling sites first listed as for sale, rent, or lease after the effective date of this act.
Section 3 sets the effective date at the first day of the second month following enactment and provides that the act applies prospectively — only to photo advertisements for dwelling units and dwelling sites first listed after the effective date. The Commission is authorized to take anticipatory administrative action before the effective date.