Bill Text: IL HB0141 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Creates the Tenants Radon Protection Act. Provides definitions and makes findings. Provides that before a lease is signed, a landlord shall provide to each tenant in a dwelling unit, on or below the third floor, any records or reports pertaining to radon concentrations within the dwelling unit that present a radon hazard. Provides that before a lease is signed, a landlord shall furnish each prospective tenant with an Illinois Emergency Management Agency radon guide for tenants, a prescribed form of disclosure of information on radon hazards, and any test results. Provides that a landlord has up to 30 days to obtain a radon test after receipt of a tenant's notification of a test revealing radon. Provides that a measurement by a radon contractor is valid for 5 years. Provides that nothing implies an obligation on a landlord or a tenant to conduct any radon testing. Provides that this is a limitation on home rule powers. Contains other provisions. Effective January 1, 2012.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Passed) 2011-06-28 - Public Act . . . . . . . . . 97-0021 [HB0141 Detail]

Download: Illinois-2011-HB0141-Engrossed.html

---

HB0141 Engrossed LRB097 05431 AJO 45489 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Radon Awareness Act is amended by
changing Section 15 and by adding Section 25 as follows:
(420 ILCS 46/15)
Sec. 15. Applicability. This Act shall only apply only to
leased properties to the extent specified in Section 25 of this
Act and to transfers by sale of residential real property.
(Source: P.A. 95-210, eff. 1-1-08.)
(420 ILCS 46/25 new)
Sec. 25. Disclosure of Radon hazard to current and
prospective tenants.
(a) A lessor of a dwelling unit shall disclose to lessees
the existence of a radon hazard consistent with the provisions
of this Section. For the purposes of this Section, "dwelling
unit" means a room or suite of rooms used for human habitation
and for which a lessor and a lessee have a written lease
agreement.
(b) The provisions of this Section apply only to dwelling
units located below the third story above ground level.
(c) If a current lessee has provided in writing to the

HB0141 Engrossed - 2 - LRB097 05431 AJO 45489 b
lessor the results of a radon test that indicate that a radon
hazard exists in a dwelling unit covered by this Section, then
the lessor shall disclose in writing to any individual seeking
to enter into a lease of that dwelling unit that a radon test
has indicated that a radon hazard may exist in the dwelling
unit. After receiving a notification of a radon test that
indicates a radon hazard, the lessor may choose to conduct a
radon test in the dwelling unit. If the lessor's radon test
indicates that a radon hazard does not exist on the premises,
the lessor shall not be required to disclose that a radon
hazard exists in the dwelling unit.
(d) If a lessor conducts a radon test in a dwelling unit
and the radon test indicates that a radon hazard exists in the
dwelling unit, the lessor shall disclose in writing to the
current lessee, and any individual seeking to enter into a
lease of that dwelling unit, the existence of a radon hazard in
the dwelling unit.
(e) If a lessor has undertaken mitigation activities and a
subsequent radon test indicates that a radon hazard does not
exist in the dwelling unit, then the lessor is not required to
provide the disclosure required by this Section.
(f) Nothing in this Section shall be construed to require a
lessor to conduct radon testing.
Section 99. Effective date. This Act takes effect January
1, 2012.