Full Text of HB4528 99th General Assembly
HB4528eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Tenants Radon Protection Act. | 6 | | Section 5. Purpose. Radon is the leading cause of death in | 7 | | private homes and is a radioactive element that is part of the | 8 | | radioactive decay chain of naturally occurring uranium in soil. | 9 | | Unlike carbon monoxide and many other home pollutants, radon's | 10 | | adverse health effect, lung cancer, is usually not produced | 11 | | immediately. | 12 | | Section 10. Definitions. As used in this Act:
| 13 | | "Dwelling unit" means a room or suite of rooms used for | 14 | | human habitation. "Dwelling unit" includes a single family | 15 | | residence as well as each living unit of a multiple family | 16 | | residence and each living unit in a mixed use building.
| 17 | | "IEMA" means the Illinois Emergency Management Agency.
| 18 | | "Landlord" means any person or entity leasing a dwelling | 19 | | unit to a tenant, and includes, but is not limited to, an | 20 | | individual, company, corporation, firm, group, association, | 21 | | partnership, joint venture, trust, government agency or | 22 | | subdivision thereof.
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| 1 | | "Lease" means an oral or written agreement under which a | 2 | | property owner allows a tenant to use the property for a | 3 | | specified rent and period of time.
| 4 | | "Mitigation" means the act of repairing or altering a | 5 | | building or building design for the purpose in whole or in part | 6 | | of reducing the concentration of radon in the indoor atmosphere | 7 | | according to procedures described in 32 Ill. Adm. Code Part | 8 | | 422.
| 9 | | "Radon" means a gaseous radioactive decay product of | 10 | | uranium or thorium.
| 11 | | "Radon contractor" means a person licensed in accordance | 12 | | with the Radon Industry Licensing Act to perform radon | 13 | | mitigation or to perform measurements of radon in an indoor | 14 | | atmosphere.
| 15 | | "Radon hazard" means exposure to indoor radon | 16 | | concentrations at or in excess of the IEMA's recommended Radon | 17 | | Action Level.
| 18 | | "Radon test" means a measurement of indoor radon | 19 | | concentrations in accordance with the provisions of 32 Ill. | 20 | | Adm. Code Part 422 for performing radon measurements.
| 21 | | "Tenant" means a person who is about to enter or has | 22 | | entered into an oral or written lease with a landlord to lease | 23 | | a dwelling unit.
| 24 | | Section 15. Radon testing and disclosure.
| 25 | | (a) At the time of or before a lease is entered into, and |
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| 1 | | at any time that a lease is in effect, the landlord shall | 2 | | provide to each tenant in a dwelling unit copies of any records | 3 | | or reports pertaining to radon concentrations within the | 4 | | dwelling unit that indicate a radon hazard to the tenant, as | 5 | | provided in subsection (e).
| 6 | | (b) If a tenant performs a radon test, the tenant shall | 7 | | provide to the landlord copies of any records or reports | 8 | | pertaining to radon concentrations within 10 days after | 9 | | receiving the measurement result.
| 10 | | (c) Nothing in this Section is intended to or shall be | 11 | | construed to imply an obligation of a landlord or tenant to | 12 | | conduct any radon testing activities.
| 13 | | (d) The landlord shall provide to the tenant the IEMA | 14 | | pamphlet entitled "IEMA Radon Guide for Tenants".
| 15 | | (e) The following Disclosure of Information on Radon | 16 | | Hazards to Tenants shall be provided to each tenant of a | 17 | | dwelling unit: | 18 | | "DISCLOSURE OF INFORMATION ON RADON HAZARDS TO TENANTS | 19 | | Radon Warning Statement
| 20 | | Each tenant in this residence is notified that the property may | 21 | | present exposure to levels of indoor radon gas that may place | 22 | | the occupants at risk of developing radon-induced lung cancer. | 23 | | Radon, a Class-A human carcinogen, is the leading cause of |
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| 1 | | death in private homes and the leading cause of lung cancer in | 2 | | non-smokers. The landlord of any residence is required to | 3 | | provide each tenant with any information on radon test results | 4 | | of the dwelling unit that present a radon hazard to the tenant.
| 5 | | The Illinois Emergency Management Agency (IEMA) strongly | 6 | | recommends ALL rental property have a radon test performed and | 7 | | radon hazards mitigated if elevated levels are found in a | 8 | | dwelling unit or a routinely occupied area of a multiple family | 9 | | residence. Elevated radon concentrations can easily be reduced | 10 | | by a radon contractor.
| 11 | | Property address: ............................................ | 12 | | Landlord's Disclosure (initial each of the following which | 13 | | applies) | 14 | | (a) ...... Landlord has no knowledge of elevated radon | 15 | | concentrations (or records or reports pertaining to elevated | 16 | | radon concentrations) in the dwelling unit. | 17 | | (b) ...... Radon concentrations (above the IEMA recommended | 18 | | Radon Action Level 4.0 pCi/L) are known to be present within | 19 | | the dwelling unit. | 20 | | (c) ...... Landlord has provided the tenant with copies of |
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| 1 | | all available records and reports pertaining to radon | 2 | | concentrations within the dwelling unit. | 3 | | Tenant's Acknowledgment (initial) | 4 | | (d) ...... Tenant has received copies of all information | 5 | | listed above. | 6 | | (e) ...... Tenant has received pamphlet "IEMA Radon Guide for | 7 | | Tenants". | 8 | | Certification of Accuracy
| 9 | | The following parties have reviewed the information above and | 10 | | each party certifies, to the best of his or her knowledge, that | 11 | | the information he or she provided is true and accurate.
| 12 | | Landlord .................... Date .................... | 13 | | Tenant .................... Date ...................." | 14 | | Section 20. Mitigation of radon hazard.
| 15 | | (a) If a landlord disputes the results of a radon test | 16 | | performed by a tenant, the landlord may hire a radon contractor | 17 | | to perform a radon test within 30 days after the tenant | 18 | | notifies the landlord of the results of his or her radon test. | 19 | | This measurement by a radon contractor is valid for a period of |
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| 1 | | 2 years after the date of the testing unless renovations, | 2 | | additions, or modifications are made to the building.
| 3 | | (b) Landlords deciding to have radon mitigation performed | 4 | | shall have the mitigation system installed by a radon | 5 | | contractor.
| 6 | | (c) Tenants deciding to have radon mitigation performed | 7 | | shall have the mitigation system installed by a radon | 8 | | contractor. Tenants shall have the landlord's consent prior to | 9 | | undertaking any mitigation activities.
| 10 | | (d) Nothing in this Section is intended to or shall be | 11 | | construed to imply an obligation of a landlord or tenant to | 12 | | conduct any radon testing or mitigation activities. | 13 | | Section 25. Termination of lease. | 14 | | (a) A tenant has the right to terminate a lease if the | 15 | | landlord has failed to correct the radon hazard within 120 days | 16 | | after having been initially informed of a radon hazard. | 17 | | (b) A landlord of a dwelling unit vacated by a tenant in | 18 | | accordance with subsection (a), who has received a security | 19 | | deposit from a tenant to secure the payment of rent or to | 20 | | compensate for damage to the leased property, may not withhold | 21 | | any part of that deposit as compensation for radon testing or | 22 | | mitigation activities. However, the landlord may withhold part | 23 | | of the security deposit in cases where the tenant had a | 24 | | mitigation system installed without the landlord's consent and | 25 | | the system was not property installed by a radon contractor. An |
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| 1 | | itemized statement must be provided to the tenant if all or | 2 | | part of the security deposit is withheld. | 3 | | Section 30. Home rule. A home rule unit may not regulate | 4 | | lease agreements in a manner that diminishes the rights of | 5 | | tenants under this Act. This Section is a limitation under
| 6 | | subsection (i) of Section 6 of Article VII of the Illinois | 7 | | Constitution on the concurrent exercise by home rule units of | 8 | | powers and functions exercised by the State. | 9 | | (420 ILCS 46/25 rep.) | 10 | | Section 50. The Illinois Radon Awareness Act is amended by | 11 | | repealing Section 25.
| 12 | | Section 99. Effective date. This Act takes effect January | 13 | | 1, 2017.
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