Private Listings Regulation Gains Ground in New York

Private listings regulation advances in New York. Proposed law mandates seller disclosures and opt-out forms.

April 14, 2026

New York’s proposed legislation would regulate private listings, requiring sellers to sign disclosure or opt-out forms.
The law mandates listings be posted on a public website within one calendar day, with limited exceptions.
National organizations like NAR and Zillow have loosened their private listings policies, shifting action to state legislatures.
The bill targets transparency and competition but stops short of banning private listings entirely.

Key Takeaways

Bill Seeks Private Listings Oversight

The Real Deal reports that New York is moving to tighten control over private listings. Assembly member Michaelle Solages introduced a new bill. The proposal would restrict how agents market off-market residential properties.

The bill would prohibit private listings unless sellers sign a disclosure. They must acknowledge and accept the risks or formally opt out. This step ensures sellers understand the tradeoffs before limiting exposure.

Agents must also post each property on a widely accessible website within one day of signing. However, sellers can still choose privacy for safety reasons. In that case, they must accept reduced visibility and the risk of fewer offers.

Industry Shift and State Momentum

New York joins a growing list of states—including Washington, Wisconsin, Illinois, Hawaii, and Connecticut—taking legislative action against private listings networks. Washington recently enacted the strictest law, allowing opt-outs solely for health or safety. Meanwhile, national groups including the National Association of Realtors (NAR) and Zillow have rolled back their enforcement of strict public marketing requirements, leaving more discretion to state lawmakers.

The proposed New York law only requires listings to appear on at least one public-facing platform, allowing flexibility for brokerage and technology partnerships outside of the MLS. Compass, Redfin, Zillow, and other firms have all brokered deals to display listings outside traditional channels in recent months.

Transparency and Consumer Choice

Supporters from major brokerages and industry groups say the private listings regulation formalizes existing disclosure practices and strengthens consumer choice. While private listings remain common, especially in the luxury market, industry leaders argue that transparency levels the playing field for buyers and sellers alike. At the same time, similar disclosure-focused policies in rental markets have already begun to reshape how agents communicate costs and structure deals.

Opponents and skeptics point out that off-market deals can limit competition and may affect pricing. The proposed bill stops short of a full ban, instead focusing on consent and awareness. The legislation is awaiting committee action in the state assembly but is being prioritized for a vote this session by its sponsor.