Is New York’s Private Listing Bill in Effect?
As of the latest reporting, New York’s private listing bill is not in effect. The measure passed the Assembly on May 29, 2026, and the Senate on June 1, 2026. Broader national pressure for market transparency has intensified amid major real estate commission and antitrust settlements.
Reporting said it was headed to Gov. Kathy Hochul for signature, so enactment remained pending.
The proposal is the Fair and Transparent Real Estate Listings Act, identified as Assembly Bill A10679. Available sources explicitly said, “This is not law yet,” and no signed chapter law or effective date appeared in results. The bill would create RPL 443-b to require public marketing of residential listings unless a seller or landlord gives informed written consent to opt out.
That means claims of active statewide rules are unsupported.
Discussion around lobbying influence and technological enforcement has surrounded the broader crackdown narrative. Still, the supplied reporting showed only a pending bill, not current legal force.
Any penalties discussed were conditional on adoption, not presently operative in New York.
How New York’s Private Listing Bill Works
Under the Fair and Transparent Real Estate Listings Act, New York’s proposed crackdown would require most residential properties to be publicly marketed within one calendar day after a listing agreement takes effect.
That marketing would need to appear on an MLS or another publicly accessible platform. Viewing would need to be broad enough for consumers and licensed buyer representatives.
Controlled Opt-Out Structure
Private marketing could continue only through formal written consent. This would sharpen agent incentives and increase broker liability.
Requirements would include a state-standardized disclosure form and initialed informed-consent acknowledgments.
They would also include a warning about reduced exposure and fewer offers, plus a separate privacy or safety pathway.
Documented privacy or safety concerns would allow narrower exceptions.
Unlike Massachusetts’ inspection waivers ban, which has been linked to a 22% drop in offer activity, New York’s bill targets listing exposure rather than buyer due diligence.
Enforcement would sit with the Department of State. Penalties could include fines up to $5,000 and possible license suspension or revocation for noncompliant brokers or salespersons.
Which Private Listings A10679 Would Restrict
A10679 targets non-public residential marketing practices that keep listings away from broad consumer and agent access.
It squarely targets private listing networks, pocket listings, private exclusives, and other restricted strategies used before a home or rental reaches broad visibility.
The bill focuses on residential properties offered for sale or rent, including sellers’ and landlords’ listings.
Practices such as pre-launch private showings, selective broker circulation, and off-market promotion are implicated, even when defended as buyer privacy or shaped by agent incentives.
| Practice | Covered | Why |
|---|---|---|
| Private listing network only | Yes | Lacks public access |
| Pocket listing circulation | Yes | Select audience exposure |
| Word-of-mouth promotion | Yes | Not consumer-facing |
| Documented privacy opt-out | Limited | Requires written consent |
Listings kept off public websites or limited-access platforms would not satisfy A10679’s public-facing model.
When Public Marketing Would Be Required
In most cases, the bill would trigger public marketing from the start date of the written listing agreement, not from the first showing or first private outreach.
That timing would place responsibility on the listing agent to complete a public launch within one calendar day. Under proposed Section 443-b, that leaves no meaningful private-only window after signing.
Required Public Venue Standards
The listing must appear on at least one broadly accessible publication, platform, or website. The venue must be free for consumers to view without payment.
Access cannot depend on affiliation with one brokerage, franchise, or private network. Licensed buyer representatives must also be able to use the same channel.
If private promotion occurs, public marketing would need to run concurrently. It would need to appear immediately on an open, no-payment platform visible to the general public.
How Sellers Can Opt Out and What Penalties Apply
For sellers who want to keep a listing out of public view, the bill would require a written opt-out on a state-prescribed disclosure form before any non-public marketing begins.
That standardized form would document seller consent and explain, in plain language, that private marketing can reduce visibility and limit buyer exposure.
It could also delay timing, lower the number of offers, and potentially reduce the final sale price.
Reports also indicate a seller could later reverse that choice.
Penalties and Enforcement Pressure
If no signed opt-out exists, the listing would be expected to enter public marketing within one calendar day of the listing agreement.
The bill’s enforcement mechanisms reportedly target brokers and agents, with fines rising from $2,000 to $5,000.
Possible license revocation could also apply.
Separately, RLS rules treat missed opt-out submission as incurable, with $250 and $500 fines.
Assessment
New York’s private listing bill is not yet in effect, but it signals a sharp shift in how off-market sales could be handled.
If enacted, A10679 would narrow private listing use and require broader public exposure after marketing begins.
It would also impose penalties for violations.
The proposal preserves limited seller choice through opt-out provisions.
Its progress is being watched closely across New York’s real estate industry.
The bill could disrupt long-standing marketing practices and brokerage strategies.
