Illinois General Assembly - Full Text of HB2217
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Full Text of HB2217  103rd General Assembly




HB2217 EngrossedLRB103 25346 CPF 51691 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Tenants Radon Protection Act.
6    Section 5. Finding. The General Assembly finds that radon
7is the leading cause of death in private homes and a
8radioactive element that is part of the radioactive decay
9chain of naturally occurring uranium in soil. Unlike carbon
10monoxide and many other home pollutants, radon's adverse
11health effect, lung cancer, is usually not produced
13    Section 10. Definitions. In this Act:
14    "Dwelling unit" means a room or suite of rooms used for
15human habitation. "Dwelling unit" includes a mobile home, a
16single family residence, each living unit in a multiple family
17residence, and each living unit in a mixed use building.
18    "IEMA" means the Illinois Emergency Management Agency.
19    "Landlord" means any person or entity leasing a dwelling
20unit to a tenant. "Landlord" includes, but is not limited to,
21an individual, company, corporation, firm, group, association,
22partnership, joint venture, trust, government agency, or



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1subdivision thereof.
2    "Lease" means an oral or written agreement under which a
3property owner allows a tenant to use the property for a
4specified rent and period of time.
5    "Mitigation" means the act of repairing or altering a
6building or building design for the purpose, in whole or in
7part, of reducing the concentration of radon in the indoor
8atmosphere according to procedures described in 32 Ill. Adm.
9Code 422.
10    "Mobile home" has the same meaning as defined in Section
1110 of the Manufactured Home Quality Assurance Act.
12    "Radon" means a gaseous radioactive decay product of
13uranium or thorium.
14    "Radon contractor" means a person licensed under the Radon
15Industry Licensing Act to perform radon mitigation or
16measurement in an indoor atmosphere.
17    "Radon hazard" means exposure to indoor radon
18concentrations at or in excess of the IEMA's recommended Radon
19Action Level.
20    "Radon test" means a measurement of indoor radon
21concentrations in accordance with the provisions of 32 Ill.
22Adm. Code 422 for performing radon measurements.
23    "Tenant" means a person who is about to enter or has
24entered into an oral or written lease with a landlord to lease
25a dwelling unit.



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1    Section 15. Radon testing and disclosure.
2    (a) At the time of or before a lease is entered into, and
3at any time that a lease is in effect, the landlord shall
4provide each tenant in a dwelling unit with copies of any
5records or reports pertaining to radon concentrations within
6the dwelling unit that indicate a radon hazard to the tenant,
7as provided in subsection (e).
8    (b) If a tenant performs a radon test, the tenant shall
9provide the landlord with copies of any records or reports
10pertaining to radon concentrations within 10 days after
11receiving the results of the radon test.
12    (c) Nothing in this Section is intended to or shall be
13construed to imply an obligation of a landlord or tenant to
14conduct any radon testing activity.
15    (d) A landlord shall provide each tenant with the IEMA
16pamphlet entitled "IEMA Radon Guide for Tenants" or an
17equivalent pamphlet approved for use by IEMA.
18    (e) The following Disclosure of Information on Radon
19Hazards to Tenants shall be provided to each tenant of a
20dwelling unit:

22    Radon Warning Statement
23        Each tenant in this residence is notified that the
24    property may present exposure to levels of indoor radon



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1    gas that may place the occupants at risk of developing
2    radon-induced lung cancer. Radon, a Class-A human
3    carcinogen, is the leading cause of death in private homes
4    and the leading cause of lung cancer in non-smokers. The
5    landlord of any residence is required to provide each
6    tenant with any information on radon test results of the
7    dwelling unit that present a radon hazard to the tenant.
8        The Illinois Emergency Management Agency (IEMA)
9    strongly recommends that ALL rental properties have a
10    radon test performed and radon hazards mitigated if
11    elevated levels are found in a dwelling unit or a
12    routinely occupied area of a multiple family residence.
13    Elevated radon concentrations can easily be reduced by a
14    radon contractor.
15    Property address: ..................................
16    Landlord's Disclosure (initial each of the following that
17    apply)
18    (a) ...... Landlord has no knowledge of elevated radon
19    concentrations (or records or reports pertaining to
20    elevated radon concentrations) in the dwelling unit.
21    (b) ...... Radon concentrations (above the IEMA
22    recommended Radon Action Level 4.0 pCi/L) are known to be
23    present within the dwelling unit.
24    (c) ...... Landlord has provided the tenant with copies of
25    all available records and reports pertaining to radon
26    concentrations within the dwelling unit.



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1    Tenant's Acknowledgment (initial)
2    (d) ...... Tenant has received copies of all information
3    listed above.
4    (e) ...... Tenant has received the pamphlet "IEMA Radon
5    Guide for Tenants".
6    Certification of Accuracy
7    The following parties have reviewed the information above
8    and each party certifies, to the best of his or her
9    knowledge, that the information he or she provided is true
10    and accurate.
11    Landlord ...............           Date ...............
12    Tenant   ...............           Date ...............
13    Section 20. Mitigation of radon hazard.
14    (a) If a landlord disputes the results of a radon test
15performed by a tenant, the landlord may hire a radon
16contractor to perform a radon test within 30 days after the
17tenant notifies the landlord of the results of his or her radon
18test. This measurement by a radon contractor is valid for a
19period of 2 years after the date of the testing unless any
20renovations, additions, or modifications are made to the
22    (b) Landlords deciding to have radon mitigation performed
23shall have the mitigation system installed by a radon



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2    (c) A tenant who decides to have radon mitigation
3performed shall have the mitigation system installed by a
4radon contractor and shall have the landlord's consent prior
5to undertaking any mitigation activities.
6    (d) Nothing in this Section is intended or shall be
7construed to imply an obligation of a landlord or tenant to
8conduct any radon testing or mitigation activities.
9    Section 25. Termination of lease.
10    (a) A tenant has the right to terminate a lease if the
11landlord has failed to correct a radon hazard within 120 days
12after having been initially informed of the radon hazard.
13    (b) A landlord of a dwelling unit vacated by a tenant in
14accordance with subsection (a) who has received a security
15deposit from a tenant to secure the payment of rent or to
16compensate for damage to the leased property may not withhold
17any part of that security deposit as compensation for radon
18testing or mitigation activities. However, the landlord may
19withhold part of the security deposit in cases where the
20tenant had a mitigation system installed without the
21landlord's consent and the system was not properly installed
22by a radon contractor. An itemized statement must be provided
23to the tenant if any part of the security deposit is withheld.
24    Section 30. Home rule. A home rule unit may not regulate



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1lease agreements or tenant rights in a manner that is
2inconsistent with the regulation of lease agreements and
3tenant rights under this Act. This Section is a limitation
4under subsection (i) of Section 6 of Article VII of the
5Illinois Constitution on the concurrent exercise by home rule
6units of powers and functions exercised by the State.
7    (420 ILCS 46/25 rep.)
8    Section 35. The Illinois Radon Awareness Act is amended by
9repealing Section 25.
10    Section 999. Effective date. This Act takes effect January
111, 2024.