Thursday, October 1, 2026
A bill aimed at increasing transparency in residential real estate marketing by regulating the use of private listing networks has passed the Assembly and State Senate and now awaits Gov. Kathy Hochul’s signature to become law.
Assemblywoman Michaelle Solages, who represents District 22 and has sponsored the legislation, said the measure is intended to preserve consumer choice when it comes to listing houses for sale.
The legislation, introduced in March, passed the Senate on June 1 after advancing through the Assembly earlier this year. It would require real estate agents to provide clear, written acknowledgment before a property could be marketed through private listing networks rather than being publicly advertised through multiple listing services.
Supporters say the measure aims to ensure fair access to listings for consumers in an increasingly competitive housing market.
In private listing networks, information on available homes is shared within restricted broker or agent circles instead of being broadly distributed in the open market, a practice that supporters of the bill say can limit buyer exposure and reduce competition.
“Some people use private listing networks just to sell to a certain demographic of individuals,” Solages said, “and that is wrong and illegal in every form and fashion. We just want to make sure people aren’t using these loopholes to further discriminate.”
The bill, she explained, would not prohibit private listing options, noting that some sellers — such as high-profile individuals — use them to keep such transactions private. It would, however, ensure that sellers understand how limiting exposure can impact pricing and competition.
Some real estate agents, Solages added, may use private listings to restrict access to certain buyers or limit the pool of potential purchasers. The legislation, she said, is especially important in addressing broader housing-market conditions.
“At the end of the day, we are living in a housing crisis,” she said. “… The average first-time homeowner is no longer 30 years old; they're actually 40 years old. And you know, if we talk about how this impacts Long Island, it really impacts Long Island, because at the end of the day, there's not enough housing stock that exists.”
If the bill becomes law, violating the disclosure requirement could result in a $5,000 penalty.
Brian Wells, an associate broker and former CEO of Keller Williams Liberty in Ozone Park, Queens, and a former chief executive of Keller Williams Legendary, in Franklin Square, said he supports the bill. “Almost every time a property is for sale, it will benefit the seller and buyers by being accessible to everyone out there,” Wells said. “It's very rare that limiting exposure on a listing is ever going to help the consumer and the seller.”
He added that while privacy can sometimes be a factor in a preference for private listings, it often comes at a cost.
“It is only going to benefit the company that is trying to build out their own inventory,” Wells said. “That’s only going to benefit, in most instances, their bottom line, and force other agents who feel like they may be missing the opportunity to get a chance to even see those listings and get those buyers to be able to make an offer.”
The bill now awaits action by Gov. Kathy Hochul. Once it is delivered to her desk, she will have 10 days, excluding Sundays, to sign or veto it.
