Important Changes to Illinois Radon Disclosure Laws for Leases in 2024

Key Changes in the Radon Awareness Act:

1. Expanded Definitions: The amended RAA introduces several new definitions, including terms such as "dwelling unit," "lease," "lessor," "mobile home," "radon," "radon contractor," and "tenant." These definitions clarify the scope and application of the law.
   
   
2. Exclusion of High-Rise Leases: One significant change is the exclusion of leases for units located on the third floor or higher. In such cases, there is no requirement for radon disclosure, which simplifies matters for both landlords and tenants.
   
   
3. Introduction of Section 26: The new RAA replaces Section 25 with Section 26, focusing on residential lease situations. This distinction streamlines the law's application for residential properties.
   
   
4. Disclosure Process for Lessors: The amended RAA outlines a clear disclosure process that lessors (landlords) must follow when leasing to prospective or existing tenants. Lessors are now required to provide the following:
   
   • Illinois Emergency Management Agency pamphlet – Radon Guide for Tenants.
   • Copies of any records or reports indicating a radon hazard.
   • A disclosure report (language specified in Subsection (f) of the Radon Awareness Act).
   
   
5. Tenant's Right to Radon Testing: Under the new RAA, tenants have the right to conduct a radon test in their unit within 90 days of occupancy. Tenants must provide the test results to the lessor within ten days. If the test reveals a radon hazard, the tenant can choose to terminate the lease if the lessor does not address the issue through a radon contractor.
   
   
6. Lessors' Response to Radon Hazards: If a radon hazard is indicated during the 90-day testing period, the lessor has the option to hire a radon contractor for another test. If the result is negative, it serves as proof of no hazard for two years. However, if a hazard is confirmed, the lessor may decide to mitigate it.
   
   
7. Flexibility for Testing and Mitigation: It's important to note that both tenants and landlords have the flexibility to choose whether to conduct radon tests and mitigate hazards. There is no obligation for either party to do so.
   
   
8. Tenant's Remedial Actions: In cases where the lessor fails to provide the required documents and disclosures at the beginning of the lease, the tenant can conduct a test independently. If a radon hazard is identified, the tenant can either hire a radon contractor at their expense (with the lessor's consent) or terminate the lease.
   
   
9. Resolution Timelines: When the lessor does not dispute the test result or take mitigation action within 60 days, the tenant may proceed to hire a radon contractor at their own expense. However, this can only happen if the lessor provides express consent regarding the installation of the mitigation system.

These changes to the Illinois Radon Awareness Act aim to enhance transparency and safety in residential leases, ensuring that tenants are aware of potential radon hazards. As a real estate educator or professional, it's crucial to stay updated on these amendments to provide accurate information to your students and clients. These changes strike a balance between protecting tenants and allowing flexibility for lessors, ultimately benefiting the entire real estate community in Illinois.

By: Mike Fair