AI Frontier Institute

Regulates deceptive use of artificial intelligence in photo advertising of certain dwellings.

View primary source →

New Jersey Assembly Bill 4728 (third reprint) has not been enacted. It was last reported out of an Assembly committee with amendments on 2026-10-22 and is at second reading. If enacted, it would bar sellers and seller's agents from using photos of a dwelling unit (or, in a mobile or manufactured home park, a dwelling site) in sale, rent, or lease advertising if the photos were created or edited, in whole or part, with generative AI or other photo editing software meant to fundamentally alter an image (section 1.b). Advertising photos would have to show the actual, current state of the unit or site and be no more than five years old. Section 1.c carves out an exception. Generative AI or editing software may be used to add or remove furniture and other non-fixed items from an image that otherwise shows the actual, current state of the property. The amendments also allow its use if the unit is being marketed before construction is complete, in accordance with rules adopted under subsection f. of section 21 of P.L.1985, c.222 (C.52:27D-321). The use may not be meant to disguise a flaw. Under section 1.d, anyone relying on the exception must disclose the AI or editing use in each advertisement. On request, they must give the original, unaltered images to a buyer or buyer's agent. "Buyer" and "seller" include prospective tenants and landlords. Enforcement: a seller's agent who violates the act faces discipline by the New Jersey Real Estate Commission. A seller who violates it faces a civil penalty of $500 for a first offense and up to $1,000 for each later offense, collected under the Penalty Enforcement Law of 1999 (section 1.e–f). Section 2 requires the Commission to adopt implementing regulations within one year of the effective date. Section 3 makes the act effective on the first day of the second month after enactment, and it applies to listings first listed after that date.

← Back to the tracker