Are you required to disclose if someone with AIDS lived in a property?

In Massachusetts, the law does not require sellers or their agents to disclose the presence of any previous occupants' medical conditions, including AIDS, as a material fact in a real estate transaction. This is in line with the broader principle of protecting the privacy and confidentiality of individuals' personal health information. Disclosure requirements focus on issues that materially affect the property’s value or the physical condition of the property itself, such as structural issues or environmental hazards.

When it comes to conditions related to health or personal circumstances of former occupants, such as whether someone had AIDS, those details do not typically pertain to the value or physical state of the property. Moreover, the conversation surrounding stigma and discrimination against individuals with HIV/AIDS emphasizes the importance of safeguarding their rights and ensuring that their medical history is not a factor in real estate transactions. Thus, stating that such a history is not disclosable aligns with anti-discrimination laws and protects the integrity and dignity of all individuals involved.