Summary as Introduced
Creates the Tenants Radon Protection Act. Provides that, before a lease is signed, a landlord shall provide each tenant in a dwelling unit with any records or reports that pertain to radon concentrations within the dwelling unit and that indicate a radon hazard exits and shall furnish each prospective tenant with a prescribed radon hazard disclosure form. Provides that, if a tenant performs a radon test, the tenant shall provide the test results to the landlord within 10 days after receiving them. Provides that nothing in the Act implies an obligation for a landlord or tenant to conduct any radon testing. Provides that a lease may be terminated under specified circumstances involving radon hazards. Preempts home rule powers. Amends the Illinois Radon Awareness Act. Repeals a provision requiring landlords to give certain disclosures to tenants. Effective January 1, 2024.
Staff Analysis
Amends the Illinois Radon Awareness Act. Defines "dwelling unit", "lease", "lessor", "mobile home", "radon", "radon contractor", and "tenant". Repeals a provision regarding the disclosure of radon hazard to current and prospective tenants. Provides instead that 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 the Illinois Emergency Management Agency's "Radon Guide for Tenants" pamphlet, copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, and the Disclosure of Information on Radon Hazards to Tenants form. Provides that 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. Creates the Disclosure of Information on Radon Hazards to Tenants form. Requires a lessor or tenant who decides to have radon mitigation performed to have the radon mitigation system installed by a radon contractor. Requires a tenant who decides to have radon mitigation performed to have the express consent of the lessor prior to undertaking any mitigation activities. Provides that the new provisions apply to leases entered on and after the effective date of the amendatory Act. Includes home rule provisions. Makes other changes.