Short answer: In California, since January 1, 2026, an agent who uses a digitally altered image in a listing ad must say so on or next to the image and link to the original, unaltered photo (AB 723). Ordinary adjustments like lighting, white balance, color correction, straightening, cropping and exposure don't count as altered. DC introduced a similar bill on October 9, 2026 (press release), and New York is considering two (Inman).
I've photographed more than 2,500 homes over almost 20 years, and the line I've always used is simple: edit the light, not the house. These laws mostly put that line into writing. If you brighten a dark room, you're fine. If you paint the walls, swap the floors or erase the power lines, you now have to say so, at least in California.
Where things stand
| Where | Status | What it asks for | Source |
|---|---|---|---|
| California | Law, in effect since Jan 1, 2026 (AB 723) | Disclosure on or next to an altered image, plus a link, URL or QR code to the original, unaltered image | AB 723 bill text |
| California rentals | Law: AB 2025, approved by the Governor Sept 27, 2026 | Same idea for rental ads: a conspicuous disclosure on or next to an altered image, plus the unaltered image or a link, URL or QR code to it | AB 2025 bill text |
| Washington, DC | Bill introduced Oct 9, 2026; next steps not yet set | Clear disclosure, the unedited version of the image, and a written description of material differences | Councilmember Henderson |
| New York | Two bills under consideration in the state legislature; a New York City rental proposal too | Disclosure when images or other media are altered | Inman |
| Everywhere (Realtors) | NAR Code of Ethics | No exaggerating, misrepresenting or concealing pertinent facts (Article 2); a true picture in advertising (Article 12) | Inman |
California: what counts as a "digitally altered image"
The law's definition is specific. An image is digitally altered when photo editing software or artificial intelligence is used "to add, remove, or change elements in the image," including fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade and floor plans, and also "elements outside of, or visible from, the property," like streetlights, utility poles, views through windows and neighboring properties (AB 723).
When an image is altered, the ad needs a "reasonably conspicuous" statement on or next to the image saying so, with a link, URL or QR code to the original. If it's posted on a website the agent controls, the unaltered version has to be included in the posting or linked.
New: California extends it to rental ads
If you're a landlord or short-term host, this one's for you. AB 2025 was approved by the Governor on September 27, 2026 (Chapter 572). It adds a similar rule for advertising a rental: a person who includes a digitally altered image must disclose it "on or adjacent to the image" and include the unaltered version, or a link, URL or QR code to it (AB 2025). Its definition also covers images "fully generated through artificial intelligence," and the same common adjustments (lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure) are excluded. I haven't confirmed the date it takes effect, so check the bill text. A leasehold longer than a year stays under the sale rule.
What doesn't count
This part is good news for anyone who just wants clean, bright photos. California's law says an image is not digitally altered when "only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property" (AB 723).
That's most of what good real estate editing has always been: fix the exposure, get the whites white, straighten the walls.
Washington, DC: the new bill
On October 9, 2026, Councilmember Christina Henderson introduced the Restricting Editing and Alterations in Listing Photos Amendment Act of 2026. Under it, listings with digitally altered images would have to "clearly disclose that images have been altered, include an unedited version of the images, and include a written description of material differences" between the image and the property's actual condition (press release).
Henderson's office told Inman that fines could reach $2,500 (Inman), and she told Axios the bill wouldn't ban virtual staging, and that its next steps are still to be decided (Axios). It's a bill, not a law, so watch for changes.
New York, and beyond the US
Inman reports that New York's assembly and senate are considering two bills requiring brokers and agents to disclose altered images or other media such as 3D walkthroughs, and that New York City legislators have proposed a similar rule for rental listings (Inman). In Ontario, the regulator RECO told CBC News that advertising "must never be false, misleading, or deceptive," AI or not (CBC News).
Your MLS may have its own photo rules on top of all this, and they vary. Check yours.
Where does a replaced sky fit?
I'll be straight about this one, because my own app does it. A sky replacement isn't on California's list of excluded adjustments, and it changes something you can see in the photo. So if you're under one of these rules, I'd treat a swapped sky as an altered image: label it and keep the original exterior shot so you can link it. That's my practical read, not legal advice. My guide to what sky replacement is and when to disclose it covers the photography side.
What I'd do if you shoot your own listings
- Keep every original. If a photo needs a link to the unaltered version, you'll need the file.
- Edit the light, not the house. Brightness, color, white balance and straight lines are the safe side of the line in California's text.
- Don't remove what a buyer will see. Power lines, the neighbor's fence, a cracked driveway: leave them in.
- Label anything that changes the scene. Virtual staging, sky swaps, removed items. Something like "Digitally altered: sky replaced. Unaltered photos: [link]" next to the image.
- Check your MLS and your broker. They may ask for more than the law does.
Related: 15 listing photo mistakes, including over-editing, and how to take listing photos with an iPhone so there's less to fix.
This page explains the published texts as of October 23, 2026. It isn't legal advice; laws and bills change.
Sources
Every spec on this page comes from the platform's own help and resource pages, checked on the date at the top. Platforms change these without notice, so if an upload fails, check the page itself.
- California AB 723 (Business and Professions Code 10140.8), bill text
- California AB 2025 (Civil Code 1940.11), rental ads, bill text
- Councilmember Christina Henderson: bill introduction, Oct 9, 2026
- Inman: DC joins others in cracking down on AI-edited listing photos, Oct 16, 2026
- Axios DC: lawmakers want to crack down on AI "house-fishing", Oct 16, 2026
- CBC News: AI-staged real estate photos raise questions, Oct 19, 2026
Plainly, about my app: Listing Camera fixes light, color and exposure and helps correct crooked verticals, in the background, about 30 to 40 seconds per photo. Those are the kinds of adjustments California lists as not altering a photo. It doesn't stage, add or remove anything. But every exterior comes back with a sunny blue sky, and that's a change you may need to disclose. The app keeps your original, unedited photo too, and you can export it alongside the enhanced one, so you have the file to link. Free to try on the App Store with 3 enhancements.