The 2026 Real Estate Photography Shift: New Rules, AI Warnings, and How to Stay Compliant (And Profitable)

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30 minutes ago
4 min read

By Greenroom Property

If you’ve been paying attention to the real estate landscape in Long Island this year, you know that the "Wild West" era of digital marketing is coming to a close. Between new alerts from the New York Department of State and tightening restrictions from OneKey MLS, the rules for 2026 are clear: Transparency is non-negotiable.

Here is a breakdown of the critical changes from 2025, what’s coming in 2026, and how to optimize your listings to get more views without risking a fine.

1. The New Rules: What You Need to Know Now

The "Misleading" AI Crackdown (NY Department of State)

In late 2025, the New York Department of State issued a trend alert warning homebuyers and agents about the rise of AI-generated real estate listings.

The Risk: Using AI to "clean up" a property by removing permanent fixtures (like telephone poles, fire hydrants, or damaged siding, holes in walls - ECT) is now firmly categorized as deceptive advertising.
The Consequence: Violations can lead to disciplinary action under Real Property Law § 441-c and substantial fines for false advertising.
The Takeaway: Enhancing a photo (lighting, color correction and distortion ) is fine. Altering the reality of the property is not.
The Process: We suggest sending our Photoshoot Prep Checklist to your Client before the shoot. This will guide them on the best practices for staging the home and having it photo ready, this reduces potential compliance issues and tyipcally gives the best photo results.

OneKey MLS: The 24-Hour Rule

OneKey MLS has reinforced its requirements regarding photo submission.

The Rule: You must upload at least one front exterior photograph within 24 hours of the listing being entered into the MLS (with exceptions for business listings).
The Trap: Failing to do this often results in an automatic violation and fine.
Our Solution: At Greenroom, we prioritize turnaround times to ensure you have that shot ready to go the moment you list.

Looking Ahead to 2026: Mandatory Disclosures

Starting in 2026, we expect to see even stricter AI Image laws mirroring recently passed California legislation ( California Law AB 723) and new NY bills regarding "Synthetic Performers."

AI Disclosures: In California Starting in Jan 2026 You must now Clearly label photos and include the original unaltered photo If you use AI to virtually stage a room, swap a sky, change landscaping, remove power lines, create a virtual twilight. We believe it is only a matter of time before New York adds additional rules and laws similar to California.
"Synthetic Performer" Law: A bill signed by Governor Hochul now requires disclosure if an advertisement uses an AI-generated figure that appears to be a real human. If you use AI avatars for listing videos, you must label them.

2. Best Practices: How to Comply & Protect Your License

Navigating these rules doesn't mean you have to stop using modern marketing tools. It just means you need to use them correctly.

✅ DO:

Use Virtual Staging (Correctly): It is perfectly fine to virtually stage an empty room, provided you disclose it. We recommend adding a watermark ("Virtually Staged") OR a clear caption in the MLS.
Use Human Editing Sources: Editing and Virtually staging images using AI engines such as Chat GPT or other LLM’s is potentially a violation of the deceptive advertising rule and can also possibly lead to a copywrite infringement. LLM’s do not actually edit your photo, they create a whole new image based on the photo provided. This means the LLM can ( and often does ) change structural aspects of the room or house. Furthermore since the image is a totally new image created by the LLM, there are potential copywrite concerns. To avoid this be sure to use a human to do your editing or virtual staging.
Remove Temporary Clutter: Moving a car from the driveway, hiding a garbage can or small personal items is generally acceptable photo editing because these items are not permanent fixtures of the property.
Enhance Lighting: Blue sky replacements and window pulls (balancing indoor/outdoor light) are industry standards and remain compliant in New York. ( for now )

❌ DON'T:

Erase Permanent Eyesores: Never remove power lines, neighboring houses, holes in the wall, or water stains. If a buyer walks in and sees something that wasn't in the photo, you are liable.
"Renovate" Digitally Without Labeling: Don't replace old carpet with virtual hardwood unless you clearly label it as a "Renovation Concept."

3. How to Structure Your Listing for More Views

Compliance keeps you safe, but optimization gets you paid. Based on data from top platforms like Zillow and Realtor.com, the order of your photos matters immensely.

The "Winning" Photo Sequence:

The Hero Shot: This is usually the stunning front exterior photo (High curb appeal).
The Heart of the Home: Go straight to the main living area or the kitchen. Don't bore buyers with a hallway or powder room yet.
The Flow: Kitchen- Dining - Living Room - Primary Bedroom - Primary Bath.
The Lifestyle: Backyard, pool, or view.
The Details: Close-ups of finishes (if you used our Architectural package!).

Pro Tip: Listings with 20+ high-quality photos receive significantly more engagement than those with fewer.

4. How Greenroom Property Helps You Win

We are more than just photographers; we are your marketing partners. We understand the fine line between "enhancing" and "misleading."

Compliance-First Editing: Our editing style is one of enhancement not deception. Our editors are expertly trained in Photoshop to enhance beauty without altering reality. We won't remove that telephone pole, but we will make the lighting look as aesthetically pleasing as possible, the grass look green with out looking fake and the sky look blue in a way that is truthful to the property.
Fast Turnaround: We help you hit that OneKey MLS 24-hour deadline.

Ready to Upgrade Your Listings?

Don't let the new rules scare you. Let us handle the media so you can focus on the sale.

👉 Book your next shoot with us: www.greenroomre.comhttps://greenroomproperty.hd.pics/order