SPRINGFIELD - The proposed Tenants Radon Protection Act passed the Illinois House Judiciary/Civil Committee April 5. The bill outlines disclosure procedures for both property owners and residents in the event of a radon hazard. It now awaits second reading before the full House.
HB 4528 states that before a lease is signed, a property owner must provide each resident with any records or reports pertaining to radon concentrations within the unit that indicate a radon hazard. While the owner has no obligation to conduct radon testing or mitigation activities, the owner would need to provide the tenant with the Illinois Emergency Management Agency pamphlet and the specified radon hazard disclosure form outlined in the bill.
If a resident performs a radon test (and, like the owner, there is no obligation to do so), the resident would need to provide the owner with the results within 10 days. The owner is allowed to dispute those results, but must hire his own radon contractor to perform a new test within 30 days. This measurement would be valid for two years unless renovations, additions or modifications are made to the building. Any radon mitigation system must be installed by a radon contractor, as defined in the bill. A tenant needs the owners consent prior to undertaking mitigation activities.
The legislation is unusual as radon hazards are traditionally a concern in sublevels and basements, rather than high rises. The Chicagoland Apartment Association is watching the bill closely. If passed, the legislation would take effect Jan. 1, 2017.
Source: Chicagoland Apartment Association, Illinois General Assembly