Disclosure of Adult Care Facility Is Prohibited

Question: We recently purchased a home in a Scottsdale residential neighborhood. After we moved into our home we were informed by a neighbor that an adult care facility is operating in the home next door to our home. This adult care facility is a for-profit corporation which cares for patients requiring the “highest level of care.” We are concerned that the presence of this adult care facility will decrease the property value of our home and, most importantly, could be a danger to our children. In response to our telephone calls, both the seller and the listing agent said that they knew about the adult care facility when we bought our home. Shouldn’t the seller and listing agent have disclosed to us the presence of this adult care facility next door?

Answer: Probably not. Inasmuch as the residents of the adult care facility require “the highest level of care,” these residents are probably “disabled,” which is a protected class under federal and Arizona Fair Housing laws. Therefore, the seller and the listing agent were prohibited from disclosing to you and your neighbors the presence of this adult care facility, for the same reasons that the seller and the listing agent are prohibited from disclosing the religion or race of the residents in the home next door to you.

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