Can a broker be sued for not disclosing a tenant's HIV status?

The correct answer is that it violates fair housing protections. In terms of real estate and tenant rights, the Fair Housing Act prohibits discrimination based on several factors, including disability and medical conditions. A tenant's HIV status falls under the category of a medical condition that is confidential and should not be disclosed without the tenant's consent. Disclosing such information could lead to discrimination against the tenant and is considered a violation of their privacy rights.

Legally, brokers and landlords must maintain the confidentiality of a tenant's medical information, as disclosing it could create a hostile living environment or unjustly influence the decisions of potential landlords or other tenants. Thus, maintaining this confidentiality aligns with the principles of fair housing and protects the tenant from discrimination. This ensures that all tenants, irrespective of their health status, are treated fairly and without prejudice in their housing situation.