How Genetics Might Affect Real Property Rights: Currents in Contemporary Bioethics

Mark A Rothstein; Laura Rothstein

doi:10.1177/1073110516644212

How Genetics Might Affect Real Property Rights: Currents in Contemporary Bioethics

J Law Med Ethics. 2016 Mar;44(1):216-21. doi: 10.1177/1073110516644212.

Authors

Mark A Rothstein¹, Laura Rothstein²

Affiliations

¹ Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director, Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine. Laura Rothstein, J.D., is Professor of Law and Distinguished University Scholar at the Louis D. Brandeis School of Law, University of Louisville. mark.rothstein@louisville.edu.
² Mark A. Rothstein, J.D., is Herbert F. Boehl Chair of Law and Medicine and Director, Institute for Bioethics, Health Policy and Law, University of Louisville School of Medicine. Laura Rothstein, J.D., is Professor of Law and Distinguished University Scholar at the Louis D. Brandeis School of Law, University of Louisville.

PMID: 27256137
DOI: 10.1177/1073110516644212

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.

MeSH terms

Bioethics
Disabled Persons*
Human Rights
Humans
Ownership