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From the Hotline
by Christopher A. Combs
Copyright 2004, all rights reserved. The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.


Alcohol rehabilitation group home is protected from disclosure

After close of escrow the Buyer learns that his home is next to an alcohol rehabilitation group home. The Buyer is very upset. Does the Buyer have a claim against the Seller or the brokers for failing to disclose this alcohol rehabilitation group home?

Answer: No. Under Fair Housing laws any individual recovering from alcoholism and drug addiction suffers from a “disability.” Inasmuch as individuals with a “disability” are a protected class under Fair Housing laws similar to other protected classes such as race and religion, any disclosure of a “disability” is prohibited. Therefore, the Buyer has no claim against the Seller or the brokers for failing to disclose the alcohol rehabilitation group home.


Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission from Arizona Realtor Digest, 2004.