HB0141 EnrolledLRB097 05431 AJO 45489 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Illinois Radon Awareness Act is amended  by 
5changing Section 15 and  by adding Section 25 as follows:
 
6    (420 ILCS 46/15)

7    Sec. 15. Applicability.   This Act shall only apply only to 
8leased properties to the extent specified in Section 25 of this 
9Act and to transfers by sale of residential real property.

10(Source: P.A. 95-210, eff. 1-1-08.)
 
11    (420 ILCS 46/25 new)
12    Sec. 25. Disclosure of Radon hazard to current and 
13prospective tenants. 
14    (a) A lessor of a dwelling unit shall disclose to lessees 
15the existence of a radon hazard consistent with the provisions 
16of this Section.  For the purposes of this Section, "dwelling 
17unit" means a room or suite of rooms used for human habitation 
18and for which a lessor and a lessee have a written lease 
19agreement.
20    (b) The provisions of this Section apply only to dwelling 
21units located below the third story above ground level.
22    (c) If a current lessee has provided in writing to the 
 
 
HB0141 Enrolled- 2 -LRB097 05431 AJO 45489 b

1lessor the results of a radon test that indicate that a radon 
2hazard exists in a dwelling unit covered by this Section, then 
3the lessor shall disclose in writing to any individual seeking 
4to enter into a lease of that dwelling unit that a radon test 
5has indicated that a radon hazard may exist in the dwelling 
6unit.  After receiving a notification of a radon test that 
7indicates a radon hazard, the lessor may choose to conduct a 
8radon test in the dwelling unit.  If the lessor's radon test 
9indicates that a radon hazard does not exist on the premises, 
10the lessor shall not be required to disclose that a radon 
11hazard exists in the dwelling unit.
12    (d) If a lessor conducts a radon test in a dwelling unit 
13and the radon test indicates that a radon hazard exists in the 
14dwelling unit, the lessor shall disclose in writing to the 
15current lessee, and any individual seeking to enter into a 
16lease of that dwelling unit, the existence of a radon hazard in 
17the dwelling unit.
18    (e) If a lessor has undertaken mitigation activities and a 
19subsequent radon test indicates that a radon hazard does not 
20exist in the dwelling unit, then the lessor is not required to 
21provide the disclosure required by this Section.
22    (f) Nothing in this Section shall be construed to require a 
23lessor to conduct radon testing.
 

24    Section 99. Effective date. This Act takes effect January 
251, 2012.