The Use of Genetic Information in Real Property Transactions

Probate & Property: A publication of the Real Property, Trust and Estate Law section of the American Bar Association, Volume 31, Number 3, 2017

University of Louisville School of Law Legal Studies Research Paper Series No. 2017-7

7 Pages Posted: 24 May 2017 Last revised: 2 Jun 2017

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: May 1, 2017

Abstract

With the cost of genome sequencing continuing to decline and genomic information becoming more common in health records, it is foreseeable that entities with an economic interest in the future health status of individuals will be tempted to use predictive genetic information to assess the health risks of individuals who are parties to real property transactions. Thus, mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, and other entities involved in residential property might begin requiring genetic information as part of the application process. This article considers whether the use of genetic information in housing is lawful under federal and state laws. It also considers the ethical and policy issues raised by the acquisition and use of predictive genetic information in residential property transactions.

Suggested Citation

Rothstein, Mark A. and Rothstein, Laura, The Use of Genetic Information in Real Property Transactions (May 1, 2017). Probate & Property: A publication of the Real Property, Trust and Estate Law section of the American Bar Association, Volume 31, Number 3, 2017; University of Louisville School of Law Legal Studies Research Paper Series No. 2017-7. Available at SSRN: https://ssrn.com/abstract=2973255

Mark A. Rothstein

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 (Contact Author)

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.law.louisville.edu/

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