Rothstein and Rothstein, ‘How Genetics Might Affect Real Property Rights’

New developments in genetics could affect a variety of real property rights. Mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, or other parties in residential real estate transactions begin requiring predictive genetic information as part of the application process. One likely use would be by retirement communities to learn an individual’s genetic risk for Alzheimer’s disease. The federal Fair Housing Act prohibits discrimination based on disability, but it is not clear that it would apply to genetic risk assessments. Only California law explicitly applies to this situation and there have been no reported cases.

Rothstein, Mark A and Rothstein, Laura, How Genetics Might Affect Real Property Rights (December 18, 2015). Journal of Law, Medicine and Ethics, Vol 44, No 1, 2016.

First posted 2015-12-21 08:55:19

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