The Illinois Radon Awareness Act and the Illinois Tenant Radon Protection Act are important laws that address the issue of radon in residential properties in Illinois. Radon is a naturally occurring radioactive gas that can cause lung cancer, and these laws are part of public health efforts to reduce radon-related health risks.
What is the Illinois Radon Awareness Act?
It requires that sellers of a residential property in Illinois provide the buyer with information about indoor radon exposure and the Illinois Emergency Management Agency’s (IEMA) radon testing guidelines.
While the Illinois Radon Awareness Act does not require radon testing or mitigation, it does mandate disclosure of any known radon hazards in the property. If a radon test has been conducted, the seller must provide the results to the buyer.
What is the Illinois Tenant Radon Protection Act?
Enacted in 2012 as an amendment to the Illinois Radon Awareness Act, this law applies to leased residential properties in Illinois. It requires landlords to inform tenants of radon hazards.
Specifically, if a radon test has been conducted and shows a radon level of 4 picocuries per liter (pCi/L) or higher (which is the action level recommended by the U.S. Environmental Protection Agency), the landlord must disclose this information to current and prospective tenants.
The law does not obligate landlords to conduct radon testing or mitigation. Instead, Illinois Tenant Radon Protection Act focuses on disclosure.
Changes to the Illinois Tenant Radon Protection Act for 2024
A new section (420 ILCS 46/25) has been added to the Illinois Radon Awareness Act that applies to rental property leases, lease renewals, or extension agreements entered on or after January 1, 2024 (as opposed to leases with lease terms that begin on or after January 1).
Below is a summary of the legislative changes:
- A landlord is required to provide each tenant in a dwelling unit on the second floor or lower with specific information at the time of application, before signing a lease, or upon the tenant’s request during the tenancy:
- Any documents or findings related to radon levels in the unit that suggest the presence of a radon risk,
- A copy of the “Radon Guide for Tenants” brochure published by the Illinois Emergency Management Agency, and
- The complete radon hazard disclosure form as detailed in the legislation.
- The updated legislation additionally specifies that if a tenant conducts a radon test and requests radon mediation as a result, the tenant must share the results with the landlord within 10 days of receiving them.
- The Act does not impose a duty on either the landlord or the tenant to perform radon testing, nor does it mandate the landlord to undertake radon reduction measures. However, the Act does allow for the termination of a lease in specific situations, including if a landlord chooses not to carry out radon mitigation after receiving test results from a tenant showing hazardous radon levels.
For more information about radon, please visit the Illinois Emergency Management Agency website: https://iemaohs.illinois.gov/nrs/radon.html
Questions about these legislative changes, evictions, security deposits, leases, tenant screening, and other landlord legal issues? Our experienced landlord/tenant attorneys are here to help.
Call KSN toll-free at 855-537-0500 or visit www.ksnlaw.com.
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