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A4728 1R AHO Statement 5/14/26
ASSEMBLY HOUSING COMMITTEE
STATEMENT TO
[First Reprint]
ASSEMBLY,
No. 4728
with
committee amendments
STATE
OF NEW JERSEY
DATED:
�MAY 14,
2026
����� The Assembly Housing Committee reports favorably and
with committee amendments Assembly Bill No. 4728 (1R).
����� As amended and reported, this bill concerns photo
advertising of dwelling units and dwelling sites for sale, rent, or lease.�
����� The bill provides that sellers in real estate
transactions, as defined in the bill to include landlords and prospective
landlords, and seller�s agents are prohibited from utilizing photos in an
advertisement to sell, rent, or lease a dwelling unit or dwelling site which
have been, in whole or in part, created or edited with the use of generative
artificial intelligence or other photo editing software intended to
fundamentally alter an image.� The bill also provides that photos used in
advertising a dwelling unit or dwelling site are required to reflect the
actual, current state of the dwelling unit or dwelling site and be not older
than five years.�
����� Notwithstanding the bill�s provisions, a seller or
seller�s agent would still be permitted to utilize generative artificial
intelligence or other photo editing software for the purpose of adding or
removing furniture and other non-fixed items to an image that otherwise
reflects the actual, current state of the dwelling unit or dwelling site.� A
seller or seller�s agent that engages in a permitted use of generative
artificial intelligence or other photo editing software pursuant to the bill,
would be required to disclose the use of generative artificial intelligence or
other photo editing software in each advertisement of the dwelling unit or
dwelling site and, upon request, provide the original images of the dwelling
unit or dwelling site to a prospective buyer or buyer�s agent as those terms
are defined in the bill.�
����� A seller�s agent who violates the provisions of the
bill would be subject to disciplinary action by the New Jersey Real Estate
Commission.� A seller in violation of the bill would be subject to a civil
penalty of $500 for the first offense and up to $1,000 for the second and each
subsequent offense.�
����� The bill requires the New Jersey Real Estate
Commission to promulgate regulations as may be necessary to effectuate the
provisions of the bill within one year of the bill�s effective date.� The bill
takes effect on the first day of the second month following the date of
enactment except that the New Jersey Real Estate Commission is permitted to
take anticipatory action if necessary.� The bill applies to photo
advertisements concerning dwelling units and dwelling sites first listed as for
sale, rent, or lease after the bill�s effective date.
COMMITTEE AMENDMENTS
:
����� The committee amended the bill to:
�
Clarify that the bill does not prohibit the use of generative
artificial intelligence or other photo editing software to remove furniture and
other non-fixed items to an image; and
�
Change the penalty provisions to establish that, if a seller�s
agent violates the provisions of the bill, the agent is to be subject to disciplinary
action by the New Jersey Real Estate Commission.