ASSEMBLY SCIENCE, INNOVATION AND TECHNOLOGY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4728

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 16, 2026

      The Assembly Science, Innovation and Technology Committee reports favorably and with committee amendments Assembly Bill No. 4728.

      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 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 or seller’s agent who violates the provisions 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 this bill to: 

      (1)  clarify that the bill concerns photo advertising of dwelling units and dwelling sites for rent or lease in addition to photo advertising of dwelling units and dwelling sites for sale;

      (2)  require, rather than permit, the New Jersey Real Estate Commission to promulgate regulations within one year of the bill’s effective date;

      (3)  provide that the bill is to apply to photo advertisements concerning dwelling units and dwelling sites first listed as for sale, rent, or lease after the bill’s effective date; and

      (4)  make technical changes.