Illinois General Assembly - Full Text of HB2217
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2217  103rd General Assembly




HB2217 EnrolledLRB103 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 5. The Illinois Radon Awareness Act is amended by
5changing Sections 5 and 20 and by adding Sections 26, 30, and
635 as follows:
7    (420 ILCS 46/5)
8    Sec. 5. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Agent" means a licensed real estate "broker" or
11"salesperson", as those terms are defined in Section 1-10 of
12the Real Estate License Act of 2000, acting on behalf of a
13seller or buyer of residential real property.
14    (b) "Buyer" means any individual, partnership,
15corporation, or trustee entering into an agreement to purchase
16any estate or interest in real property.
17    "Dwelling unit" means a room or suite of rooms used for
18human habitation. "Dwelling unit" includes a mobile home, a
19single family residence, each living unit in a multiple family
20residence, and each living unit in a mixed use building.
21    (c) "Final settlement" means the time at which the parties
22have signed and delivered all papers and consideration to
23convey title to the estate or interest in the residential real



HB2217 Enrolled- 2 -LRB103 25346 CPF 51691 b

1property being conveyed.
2    "Lease" means an oral or written agreement under which a
3lessor allows a tenant to use the property for a specified rent
4and period of time.
5    "Lessor" means any person or entity that leases a dwelling
6unit to a tenant. "Lessor" includes, but is not limited to, an
7individual, company, corporation, firm, group, association,
8partnership, joint venture, trust, government agency, or
9subdivision thereof.
10    (d) "IEMA" means the Illinois Emergency Management Agency
11Division of Nuclear Safety.
12    (e) "Mitigation" means measures designed to permanently
13reduce indoor radon concentrations according to procedures
14described in 32 Illinois Administrative Code Part 422.
15    "Mobile home" has the meaning given to that term in
16Section 10 of the Manufactured Home Quality Assurance Act.
17    "Radon" means a gaseous radioactive decay product of
18uranium or thorium.
19    "Radon contractor" means a person licensed under the Radon
20Industry Licensing Act to perform radon mitigation or
21measurement in an indoor atmosphere.
22    (f) "Radon hazard" means exposure to indoor radon
23concentrations at or in excess of the United States
24Environmental Protection Agency's, or IEMA's recommended Radon
25Action Level.
26    (g) "Radon test" means a measurement of indoor radon



HB2217 Enrolled- 3 -LRB103 25346 CPF 51691 b

1concentrations in accordance with 32 Illinois Administrative
2Code Part 422 for performing radon measurements within the
3context of a residential real property transaction.
4    (h) "Residential real property" means any estate or
5interest in a manufactured housing lot or a parcel of real
6property, improved with not less than one nor more than 4
7residential dwelling units.
8    (i) "Seller" means any individual, partnership,
9corporation, or trustee transferring residential real property
10in return for consideration.
11    "Tenant" means a person who has entered into an oral or
12written lease with a lessor to lease a dwelling unit.
13(Source: P.A. 95-210, eff. 1-1-08.)
14    (420 ILCS 46/20)
15    Sec. 20. Exclusions. The provisions of this Act do not
16apply to the following:
17        (1) Transfers pursuant to court order, including, but
18    not limited to, transfers ordered by a probate court in
19    administration of an estate, transfers between spouses
20    resulting from a judgment of dissolution of marriage or
21    legal separation, transfers pursuant to an order of
22    possession, transfers by a trustee in bankruptcy,
23    transfers by eminent domain, and transfers resulting from
24    a decree for specific performance.
25        (2) Transfers from a mortgagor to a mortgagee by deed



HB2217 Enrolled- 4 -LRB103 25346 CPF 51691 b

1    in lieu of foreclosure or consent judgment, transfer by
2    judicial deed issued pursuant to a foreclosure sale to the
3    successful bidder or the assignee of a certificate of
4    sale, transfer by a collateral assignment of a beneficial
5    interest of a land trust, or a transfer by a mortgagee or a
6    successor in interest to the mortgagee's secured position
7    or a beneficiary under a deed in trust who has acquired the
8    real property by deed in lieu of foreclosure, consent
9    judgment or judicial deed issued pursuant to a foreclosure
10    sale.
11        (3) Transfers by a fiduciary in the course of the
12    administration of a decedent's estate, guardianship,
13    conservatorship, or trust.
14        (4) Transfers from one co-owner to one or more other
15    co-owners.
16        (5) Transfers pursuant to testate or intestate
17    succession.
18        (6) Transfers made to a spouse, or to a person or
19    persons in the lineal line of consanguinity of one or more
20    of the sellers.
21        (7) Transfers from an entity that has taken title to
22    residential real property from a seller for the purpose of
23    assisting in the relocation of the seller, so long as the
24    entity makes available to all prospective buyers a copy of
25    the disclosure form furnished to the entity by the seller.
26        (8) Transfers to or from any governmental entity.



HB2217 Enrolled- 5 -LRB103 25346 CPF 51691 b

1        (9) Transfers of any residential dwelling unit located
2    on the third story or higher above ground level of any
3    structure or building, including, but not limited to,
4    condominium units and dwelling units in a residential
5    cooperative.
6    As used in this Section, "transfers" includes any legal
7transfer of possession of property, including purchases and
9(Source: P.A. 95-210, eff. 1-1-08; 96-278, eff. 8-11-09.)
10    (420 ILCS 46/26 new)
11    Sec. 26. Disclosure of radon hazard to current and
12prospective tenants.
13    (a) At the time of a prospective tenant's application to
14lease a dwelling unit, before a lease is entered into, or at
15any time during the leasing period, upon request, the lessor
16shall provide the prospective tenant or tenant of a dwelling
17unit with:
18        (1) the Illinois Emergency Management Agency pamphlet
19    entitled "Radon Guide for Tenants" or an equivalent
20    pamphlet approved for use by the Illinois Emergency
21    Management Agency;
22        (2) copies of any records or reports pertaining to
23    radon concentrations within the dwelling unit that
24    indicate a radon hazard to the tenant, as provided in
25    subsection (c); and



HB2217 Enrolled- 6 -LRB103 25346 CPF 51691 b

1        (3) the Disclosure of Information on Radon Hazards to
2    Tenants form, as set forth in subsection (f).
3    (b) At the commencement of the agreed leasing period, a
4tenant shall have 90 days to conduct his or her own radon test
5of the dwelling unit. If the tenant chooses to have a radon
6test performed, the tenant shall provide the lessor with
7copies of the results, including any records or reports
8pertaining to radon concentrations, within 10 days after
9receiving the results of the radon test. If the tenant's radon
10test provides a result in excess of the Illinois Emergency
11Management Agency's recommended Radon Action Level and the
12lessor has elected to not mitigated the radon hazard, the
13tenant may terminate the lease.
14        (1) Nothing in this subsection is intended to or shall
15    be construed to imply that a tenant is not permitted to
16    conduct a radon test of unit following the completion of
17    the 90-day period. Following the 90-day period the tenant
18    may conduct further radon testing if he or she elects to;
19    however, upon a result of a radon hazard, he or she does
20    not have a right to terminate the lease under this
21    Section.
22        (2) Nothing in this subsection is intended to or shall
23    be construed to imply that a tenant waives any other right
24    to terminate the lease if he or she conducts a radon test
25    after the completion of the 90-day period under any other
26    applicable State or federal law.



HB2217 Enrolled- 7 -LRB103 25346 CPF 51691 b

1    (c) If the tenant elects to conduct a radon test during the
290-day period and the results indicate a radon hazard, the
3lessor may hire a radon contractor to perform an additional
4radon test within 30 days after the tenant notifies the lessor
5of the results of his or her radon test. The results of a
6measurement by a radon contract may be used by the lessor to
7disprove the presence of a radon hazard. Test results are
8valid for a period of 2 years after the date of the testing
9unless any renovations, additions, or modifications are made
10to the building containing the dwelling unit.
11    (d) Nothing in this Section is intended to or shall be
12construed to imply an obligation of a lessor or tenant to
13conduct any radon testing activity or perform any radon
14mitigation activity.
15    (e) If a lessor fails to provide the prospective tenant or
16tenant with the documents as required in subsection (a), then,
17at any point during the term of the lease the tenant may elect
18to have a radon test conducted under this Section. If the radon
19test shows the existence of a radon hazard, the tenant shall
20provide the lessor with copies of the results of the test,
21including records or reports pertaining to radon
22concentrations, within 10 days after receiving the results of
23the radon test. If the lessor disputes the results of the radon
24test performed by the tenant, the lessor may elect, at the
25lessor's expense, to hire a radon contractor to perform a
26radon test within 30 days of the tenant notifying the lessor of



HB2217 Enrolled- 8 -LRB103 25346 CPF 51691 b

1the results of the tenant's radon test. The results of a
2measurement by a radon contract may be used by the lessor to
3disprove the presence of a radon hazard. Test results are
4valid for a period of 2 years after the date of testing unless
5any renovation, addition, or substantial modifications are
6made to the building containing the dwelling unit. If the
7lessor declines to dispute the results of the tenant's radon
8test showing a radon hazard or does not mitigate the hazard,
9the tenant may, within 60 days:
10        (1) hire, at the tenant's expense, a radon contractor
11    to perform radon mitigation activities. If the tenant
12    chooses to conduct mitigation activities, the mitigation
13    activities shall only be done with express consent of the
14    lessor; or
15        (2) terminate the lease.
16    (f) The following Disclosure of Information on Radon
17Hazards to Tenants shall be provided to each tenant of a
18dwelling unit:

20    Radon Warning Statement
21    Each tenant in this residence or dwelling unit is notified
22that the property may present exposure to levels of indoor
23radon gas that may place the occupants at risk of developing
24radon-induced lung cancer. Radon, a Class-A human carcinogen,



HB2217 Enrolled- 9 -LRB103 25346 CPF 51691 b

1is the leading cause of death in private homes and the leading
2cause of lung cancer in nonsmokers. The lessor of any
3residence is required to provide each tenant with any
4information on radon test results of the dwelling unit that
5present a radon hazard to the tenant.
6    The Illinois Emergency Management Agency (IEMA) strongly
7recommends that ALL rental properties have a radon test
8performed and radon hazards mitigated if elevated levels are
9found in a dwelling unit or a routinely occupied area of a
10multiple family residence. Elevated radon concentrations can
11easily be reduced by a radon contractor.
12    Dwelling Unit Address: .............................
13    Lessor's Disclosure (initial each of the following that
15    .... Lessor has no knowledge of elevated radon
16concentrations (or records or reports pertaining to elevated
17radon concentrations) in the dwelling unit.
18    .... Radon concentrations (at or above the IEMA
19recommended Radon Action Level 4.0 pCi/L) are known to be
20present within the dwelling unit.
21    .... Lessor has provided the tenant with copies of all
22available records and reports, if any, pertaining to radon
23concentrations within the dwelling unit.



HB2217 Enrolled- 10 -LRB103 25346 CPF 51691 b

1    Tenant's Acknowledgment (initial each of the following
2that apply)
3    .... Tenant has received copies of all information listed
5    .... Tenant has received the pamphlet "Radon Guide for
7    Certification of Accuracy
8    The following parties have reviewed the information above
9and each party certifies, to the best of his or her knowledge,
10that the information he or she provided is true and accurate.
11    Lessor ............................. Date ............
12    Tenant ............................. Date ............"
13    (g) This Section applies to leases entered into on or
14after the effective date of this amendatory Act of the 103rd
15General Assembly.
16    (420 ILCS 46/30 new)
17    Sec. 30. Mitigation of radon hazards.
18    (a) A lessor who decides to have radon mitigation
19performed shall have the radon mitigation system installed by
20a radon contractor.
21    (b) A tenant who decides to have radon mitigation
22performed shall have the radon mitigation system installed by
23a radon contractor and shall have the lessor's express consent



HB2217 Enrolled- 11 -LRB103 25346 CPF 51691 b

1prior to undertaking any mitigation activities. If the tenant
2receives express consent from the lessor, the tenant may
3deduct the cost of installation of the radon mitigation system
4from tenant's rent. This deduction shall be divided in equal
5parts for the remainder of the leasing period.
6    (c) A lessor of a dwelling unit vacated by a tenant under
7subsection (e) of Section 26 who has received a security
8deposit from a tenant to secure the payment of rent or to
9compensate for damage to the leased property may not withhold
10any part of that security deposit as compensation for radon
11testing or mitigation activities. However, the lessor may
12withhold part of the security deposit if the tenant had a
13mitigation system installed without the lessor's consent and
14the system was not properly installed by a radon contractor.
15An itemized statement must be provided to the tenant if any
16part of the security deposit is withheld.
17    (d) This Section applies to leases entered into on or
18after the effective date of this amendatory Act of the 103rd
19General Assembly.
20    (420 ILCS 46/35 new)
21    Sec. 35. Home rule. A home rule unit may not regulate lease
22agreements or tenant rights in a manner that is inconsistent
23with the regulation of lease agreements and tenant rights
24under this Act. This Section is a limitation under subsection
25(i) of Section 6 of Article VII of the Illinois Constitution on



HB2217 Enrolled- 12 -LRB103 25346 CPF 51691 b

1the concurrent exercise by home rule units of powers and
2functions exercised by the State.
3    (420 ILCS 46/25 rep.)
4    Section 10. The Illinois Radon Awareness Act is amended by
5repealing Section 25.