420 ILCS 46/26

Current through Public Act 103-1052

Section 420 ILCS 46/26 - Disclosure of radon hazard to current and prospective tenants

(a) At the time of a prospective tenant's application to lease a dwelling unit, before a lease is entered into, or at any time during the leasing period, upon request, the lessor shall provide the prospective tenant or tenant of a dwelling unit with:

(1) the Illinois Emergency Management Agency pamphlet entitled "Radon Guide for Tenants" or an equivalent pamphlet approved for use by the Illinois Emergency Management Agency;

(2) copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, as provided in subsection (c); and

(3) the Disclosure of Information on Radon Hazards to Tenants form, as set forth in subsection (f).

(b) At the commencement of the agreed leasing period, a tenant shall have 90 days to conduct his or her own radon test of the dwelling unit. If the tenant chooses to have a radon test performed, the tenant shall provide the lessor with copies of the results, including any records or reports pertaining to radon concentrations, within 10 days after receiving the results of the radon test. If the tenant's radon test provides a result in excess of the Illinois Emergency Management Agency's recommended Radon Action Level and the lessor has elected to not mitigated the radon hazard, the tenant may terminate the lease.

(1) Nothing in this subsection is intended to or shall be construed to imply that a tenant is not permitted to conduct a radon test of unit following the completion of the 90-day period. Following the 90-day period the tenant may conduct further radon testing if he or she elects to; however, upon a result of a radon hazard, he or she does not have a right to terminate the lease under this Section.

(2) Nothing in this subsection is intended to or shall be construed to imply that a tenant waives any other right to terminate the lease if he or she conducts a radon test after the completion of the 90-day period under any other applicable State or federal law.

(c) If the tenant elects to conduct a radon test during the 90-day period and the results indicate a radon hazard, the lessor may hire a radon contractor to perform an additional radon test within 30 days after the tenant notifies the lessor of the results of his or her radon test. The results of a measurement by a radon contract may be used by the lessor to disprove the presence of a radon hazard. Test results are valid for a period of 2 years after the date of the testing unless any renovations, additions, or modifications are made to the building containing the dwelling unit.

(d) Nothing in this Section is intended to or shall be construed to imply an obligation of a lessor or tenant to conduct any radon testing activity or perform any radon mitigation activity.

(e) If a lessor fails to provide the prospective tenant or tenant with the documents as required in subsection (a), then, at any point during the term of the lease the tenant may elect to have a radon test conducted under this Section. If the radon test shows the existence of a radon hazard, the tenant shall provide the lessor with copies of the results of the test, including records or reports pertaining to radon concentrations, within 10 days after receiving the results of the radon test. If the lessor disputes the results of the radon test performed by the tenant, the lessor may elect, at the lessor's expense, to hire a radon contractor to perform a radon test within 30 days of the tenant notifying the lessor of the results of the tenant's radon test. The results of a measurement by a radon contract may be used by the lessor to disprove the presence of a radon hazard. Test results are valid for a period of 2 years after the date of testing unless any renovation, addition, or substantial modifications are made to the building containing the dwelling unit. If the lessor declines to dispute the results of the tenant's radon test showing a radon hazard or does not mitigate the hazard, the tenant may, within 60 days:

(1) hire, at the tenant's expense, a radon contractor to perform radon mitigation activities. If the tenant chooses to conduct mitigation activities, the mitigation activities shall only be done with express consent of the lessor; or

(2) terminate the lease.

(f) The following Disclosure of Information on Radon Hazards to Tenants shall be provided to each tenant of a dwelling unit:

"DISCLOSURE OF INFORMATION ON RADON HAZARDS TO TENANTS

Radon Warning Statement

Each tenant in this residence or dwelling unit is notified that the property may present exposure to levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class-A human carcinogen, is the leading cause of death in private homes and the leading cause of lung cancer in nonsmokers. The lessor of any residence is required to provide each tenant with any information on radon test results of the dwelling unit that present a radon hazard to the tenant.

The Illinois Emergency Management Agency (IEMA) strongly recommends that ALL rental properties have a radon test performed and radon hazards mitigated if elevated levels are found in a dwelling unit or a routinely occupied area of a multiple family residence. Elevated radon concentrations can easily be reduced by a radon contractor.

Dwelling Unit Address:.............................

Lessor's Disclosure (initial each of the following that apply)

.... Lessor has no knowledge of elevated radon concentrations (or records or reports pertaining to elevated radon concentrations) in the dwelling unit.

.... Radon concentrations (at or above the IEMA recommended Radon Action Level 4.0 pCi/L) are known to be present within the dwelling unit.

.... Lessor has provided the tenant with copies of all available records and reports, if any, pertaining to radon concentrations within the dwelling unit.

Tenant's Acknowledgment (initial each of the following that apply)

.... Tenant has received copies of all information listed above.

.... Tenant has received the pamphlet "Radon Guide for Tenants".

Certification of Accuracy

The following parties have reviewed the information above and each party certifies, to the best of his or her knowledge, that the information he or she provided is true and accurate.

Lessor............................. Date............

Tenant............................. Date............ "

(g) This Section applies to leases entered into on or after the effective date of this amendatory Act of the 103rd General Assembly.

420 ILCS 46/26

Added by P.A. 103-0298,§ 5, eff. 1/1/2024.