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.
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.