Bill Text: IL HB2217 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 29-1)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0298 [HB2217 Detail]

Download: Illinois-2023-HB2217-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2217 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
New Act
420 ILCS 46/25 rep.
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.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Tenants Radon Protection Act.
Section 5. Finding. The General Assembly finds that radon
is the leading cause of death in private homes and a
radioactive element that is part of the radioactive decay
chain of naturally occurring uranium in soil. Unlike carbon
monoxide and many other home pollutants, radon's adverse
health effect, lung cancer, is usually not produced
immediately.
Section 10. Definitions. In this Act:
"Dwelling unit" means a room or suite of rooms used for
human habitation. "Dwelling unit" includes a mobile home, a
single family residence, each living unit in a multiple family
residence, and each living unit in a mixed use building.
"IEMA" means the Illinois Emergency Management Agency.
"Landlord" means any person or entity leasing a dwelling
unit to a tenant. "Landlord" includes, but is not limited to,
an individual, company, corporation, firm, group, association,
partnership, joint venture, trust, government agency, or

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subdivision thereof.
"Lease" means an oral or written agreement under which a
property owner allows a tenant to use the property for a
specified rent and period of time.
"Mitigation" means the act of repairing or altering a
building or building design for the purpose, in whole or in
part, of reducing the concentration of radon in the indoor
atmosphere according to procedures described in 32 Ill. Adm.
Code 422.
"Mobile home" has the same meaning as defined in Section
10 of the Manufactured Home Quality Assurance Act.
"Radon" means a gaseous radioactive decay product of
uranium or thorium.
"Radon contractor" means a person licensed under the Radon
Industry Licensing Act to perform radon mitigation or
measurement in an indoor atmosphere.
"Radon hazard" means exposure to indoor radon
concentrations at or in excess of the IEMA's recommended Radon
Action Level.
"Radon test" means a measurement of indoor radon
concentrations in accordance with the provisions of 32 Ill.
Adm. Code 422 for performing radon measurements.
"Tenant" means a person who is about to enter or has
entered into an oral or written lease with a landlord to lease
a dwelling unit.

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Section 15. Radon testing and disclosure.
(a) At the time of or before a lease is entered into, and
at any time that a lease is in effect, the landlord shall
provide each tenant in a dwelling unit with 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 (e).
(b) If a tenant performs a radon test, the tenant shall
provide the landlord with copies of any records or reports
pertaining to radon concentrations within 10 days after
receiving the results of the radon test.
(c) Nothing in this Section is intended to or shall be
construed to imply an obligation of a landlord or tenant to
conduct any radon testing activity.
(d) A landlord shall provide each tenant with the IEMA
pamphlet entitled "IEMA Radon Guide for Tenants" or an
equivalent pamphlet approved for use by IEMA.
(e) 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 is notified that the
property may present exposure to levels of indoor radon

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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 non-smokers. The
landlord 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.
Property address: ..................................
Landlord's Disclosure (initial each of the following that
apply)
(a) ...... Landlord has no knowledge of elevated radon
concentrations (or records or reports pertaining to
elevated radon concentrations) in the dwelling unit.
(b) ...... Radon concentrations (above the IEMA
recommended Radon Action Level 4.0 pCi/L) are known to be
present within the dwelling unit.
(c) ...... Landlord has provided the tenant with copies of
all available records and reports pertaining to radon
concentrations within the dwelling unit.

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Tenant's Acknowledgment (initial)
(d) ...... Tenant has received copies of all information
listed above.
(e) ...... Tenant has received the pamphlet "IEMA 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.
Landlord ............... Date ...............
Tenant ............... Date ...............
Section 20. Mitigation of radon hazard.
(a) If a landlord disputes the results of a radon test
performed by a tenant, the landlord may hire a radon
contractor to perform a radon test within 30 days after the
tenant notifies the landlord of the results of his or her radon
test. This measurement by a radon contractor is valid for a
period of 2 years after the date of the testing unless any
renovations, additions, or modifications are made to the
building.
(b) Landlords deciding to have radon mitigation performed
shall have the mitigation system installed by a radon

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contractor.
(c) A tenant who decides to have radon mitigation
performed shall have the mitigation system installed by a
radon contractor and shall have the landlord's consent prior
to undertaking any mitigation activities.
(d) Nothing in this Section is intended or shall be
construed to imply an obligation of a landlord or tenant to
conduct any radon testing or mitigation activities.
Section 25. Termination of lease.
(a) A tenant has the right to terminate a lease if the
landlord has failed to correct a radon hazard within 120 days
after having been initially informed of the radon hazard.
(b) A landlord of a dwelling unit vacated by a tenant in
accordance with subsection (a) who has received a security
deposit from a tenant to secure the payment of rent or to
compensate for damage to the leased property may not withhold
any part of that security deposit as compensation for radon
testing or mitigation activities. However, the landlord may
withhold part of the security deposit in cases where the
tenant had a mitigation system installed without the
landlord's consent and the system was not properly installed
by a radon contractor. An itemized statement must be provided
to the tenant if any part of the security deposit is withheld.
Section 30. Home rule. A home rule unit may not regulate

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lease agreements or tenant rights in a manner that is
inconsistent with the regulation of lease agreements and
tenant rights under this Act. This Section is a limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
(420 ILCS 46/25 rep.)
Section 35. The Illinois Radon Awareness Act is amended by
repealing Section 25.
Section 999. Effective date. This Act takes effect January
1, 2024.