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A 10679

Relates to access to fair and transparent real estate listings

2025 Regular Session Introduced by Sam Berger and 6 co-sponsors

Requires public marketing of residential listings within one day unless the seller signs a standardized opt-out disclosure, affecting private listing use.

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Bill Summary · A 10679

Summary of A.10679 (2025-2026) — Fair and Transparent Real Estate Listings Act (New York)

Purpose and intent

  • Establishes requirements to ensure open, timely, and public access to listings of residential real property.
  • Aims to promote fair housing opportunities, strengthen market competition, and improve price discovery.
  • Seeks to prevent private listing networks or restricted-access systems from unreasonably limiting buyer visibility, while allowing non-public marketing only under clearly defined circumstances with informed, written seller consent.

Key provisions and changes

  • Definition updates (new paragraph g under Real Property Law § 443(3)):

    • Residential real property includes 1- to 4-family dwellings, condo units, and cooperative apartments, whether owner-occupied or not.
    • Publicly advertise or market means listing on at least one broadly accessible publication/platform/website available to the general public and to all licensed real estate brokers and salespersons.
    • Private listing network means a system/platform operated by a brokerage or group of licensees that restricts access to listing information to a defined subset and is not broadly accessible.

  • Mandatory public marketing (subparagraph g(ii)):

    • A seller’s agent must publicly advertise or market the listed property within one calendar day after the start date of the listing agreement.
    • Public marketing is required unless:
    • (A) The seller signs a disclosure and opt-out form directing no public advertising (as described in §4) or
    • (B) There is a bona fide privacy, safety, or similar need, with written agreement to:
      • Not publicize the listing in any public-facing channel, and
      • Limit sharing of the listing to identified prospective buyers/agents on a case-by-case basis, consistent with fair housing laws.

  • Seller opt-out disclosure requirements (new §443(4)(c)):

    • Requires a standardized New York State Disclosure Form for Seller Opt-Out of Public Marketing.
    • Form informs sellers of potential risks of non-public marketing (reduced visibility, fewer offers, potentially lower sale price, restricted marketing channels).
    • Seller must sign and acknowledge understanding of risks; form includes space for licensee and brokerage identification and property address.
    • If used, seller must acknowledge and time-stamp signatures; the seller’s signature page is kept for at least three years and available to the Department of State (DOS) upon request.

  • Documentation and compliance (DOS role):

    • DOS is empowered to issue rules and guidance implementing the disclosure requirement, including documenting privacy/safety exceptions.
    • The standardized form and related guidance must be publicly available on the DOS website.
    • Sellers’ agents must not alter or omit required language; added language cannot be misleading or contradict the act’s purpose.

  • Violations and enforcement (new §443(7)):

    • Violations of the public marketing requirements or opt-out procedures can lead to disciplinary action by the DOS, including license suspension or revocation and civil penalties.
    • Each listing marketed in violation may count as a separate violation.
    • Remedies are in addition to other state/federal rights and do not limit existing fair housing/anti-discrimination protections.

  • Effective date:

    • The act takes effect on January 1 of the year following enactment.
    • DOE allows immediate rulemaking to implement necessary regulations before the effective date.

Who is affected

  • Seller’s real estate agents and brokerage firms acting in the interest of sellers.
  • Prospective buyers represented by real estate licensees.
  • The New York Department of State (enforcement and guidance).
  • General public as consumers who search widely for residential real estate listings.

Timeline and procedural notes

  • When listing begins: within one calendar day, public marketing must commence unless an opt-out is exercised via the disclosure form.
  • If opt-out is chosen: the form must be completed, signed, and kept on file for at least three years; public marketing is not required for that listing.
  • Regulation development: DOS can issue rules and make the disclosure form available prior to the act’s effective date.
  • Enforcement: violations subject to disciplinary actions and penalties by DOS; each listed property may constitute a separate violation.

Practical impact and considerations

  • Increases transparency and public visibility of residential listings.
  • Creates standardized consumer disclosures to inform sellers about the potential consequences of private-sharing decisions.
  • Potentially reduces the use of private listing networks as the default marketing channel for residential properties.
  • Introduces a new compliance framework for licensees and a new enforcement pathway to ensure adherence.
  • Balances transparency with nuances for privacy and safety needs, provided there is written justification and appropriate safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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