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Under the License Act, when can a licensee be held liable for failing to disclose past occupant's health information such as HIV/AIDS?

  1. Always

  2. Only if the buyer asks

  3. Never

  4. Only if the information is made public

The correct answer is: Never

The correct choice indicates that a licensee can never be held liable for failing to disclose past occupant's health information such as HIV/AIDS. This is in line with federal and state fair housing laws, which protect individuals with disabilities, including those with HIV/AIDS, from discrimination. As a result, licensing laws generally prohibit the disclosure of health-related information concerning past occupants to protect privacy rights. Licensees are not required to disclose any health information regarding former occupants regardless of inquiries made by potential buyers or tenants. This fosters a level of confidentiality and respect for personal information pertaining to health statuses. Moreover, promoting transparency about health issues could inadvertently lead to discrimination, which is against overarching fair housing principles. Thus, the idea that a licensee could be held accountable for not disclosing such information does not align with legal guidelines aimed at protecting personal privacy and preventing discrimination.