How Genetics Might Affect Real Property Rights

6 Pages Posted: 20 Dec 2015 Last revised: 28 Apr 2016

See all articles by Mark A. Rothstein

Mark A. Rothstein

University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Laura Rothstein

University of Louisville - Louis D. Brandeis School of Law

Date Written: December 18, 2015

Abstract

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.

Keywords: Alzheimer’s disease, Cal GINA, discrimination, Fair Housing Act, genetics, GINA, long-term care, and real property

JEL Classification: K31, K32

Suggested Citation

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; University of Louisville School of Law Legal Studies Research Paper Series No. 2016-3. Available at SSRN: https://ssrn.com/abstract=2705522

Mark A. Rothstein (Contact Author)

University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )

Louisville, KY 40202
United States

HOME PAGE: http://www.louisville.edu/bioethics

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Laura Rothstein

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States
502-852-6288 (Phone)

HOME PAGE: http://www.louisville.edu/law

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