Except as otherwise provided by law, the fact that:

1. (1) An occupant of the residential real property was afflicted with acquired immune deficiency syndrome (AIDS) or AIDS related complex, or had been tested for human immunodeficiency virus; or

2. (2) The residential real property was the site of an act or occurrence that had no effect on the physical structure or the physical environment of the residential real property, or the improvements located on the residential real property;

   may be excluded from the disclosure statement. This information shall not be deemed a material fact for purposes of the disclosure statement.

[L 1994, c 214, pt of §2; am L 1996, c 161, §8]