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Public Act 103-0298
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| HB2217 Enrolled | LRB103 25346 CPF 51691 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Radon Awareness Act is amended by |
changing Sections 5 and 20 and by adding Sections 26, 30, and |
35 as follows:
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(420 ILCS 46/5)
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Sec. 5. Definitions. As used in this Act, unless the |
context otherwise requires: |
(a) "Agent" means a licensed real estate "broker" or |
"salesperson", as those terms are defined in Section 1-10 of |
the Real Estate License Act of 2000, acting on behalf of a |
seller or buyer of residential real property. |
(b) "Buyer" means any individual, partnership, |
corporation, or trustee entering into an agreement to purchase |
any estate or interest in real property. |
"Dwelling unit" means a room or suite of rooms used for |
human habitation. "Dwelling unit" includes a mobile home, a |
single family residence, each living unit in a multiple family |
residence, and each living unit in a mixed use building. |
(c) "Final settlement" means the time at which the parties |
have signed and delivered all papers and consideration to |
convey title to the estate or interest in the residential real |
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property being conveyed. |
"Lease" means an oral or written agreement under which a |
lessor allows a tenant to use the property for a specified rent |
and period of time. |
"Lessor" means any person or entity that leases a dwelling |
unit to a tenant. "Lessor" includes, but is not limited to, an |
individual, company, corporation, firm, group, association, |
partnership, joint venture, trust, government agency, or |
subdivision thereof. |
(d) "IEMA" means the Illinois Emergency Management Agency |
Division of Nuclear Safety. |
(e) "Mitigation" means measures designed to permanently |
reduce indoor radon concentrations according to procedures |
described in 32 Illinois Administrative Code Part 422. |
"Mobile home" has the meaning given to that term in |
Section 10 of the Manufactured Home Quality Assurance Act. |
"Radon" means a gaseous radioactive decay product of |
uranium or thorium. |
"Radon contractor" means a person licensed under the Radon |
Industry Licensing Act to perform radon mitigation or |
measurement in an indoor atmosphere. |
(f) "Radon hazard" means exposure to indoor radon |
concentrations at or in excess of the United States |
Environmental Protection Agency's, or IEMA's recommended Radon |
Action Level. |
(g) "Radon test" means a measurement of indoor radon |
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concentrations in accordance with 32 Illinois Administrative |
Code Part 422 for performing radon measurements within the |
context of a residential real property transaction. |
(h) "Residential real property" means any estate or |
interest in a manufactured housing lot or a parcel of real |
property, improved with not less than one nor more than 4 |
residential dwelling units. |
(i) "Seller" means any individual, partnership, |
corporation, or trustee transferring residential real property |
in return for consideration. |
"Tenant" means a person who has entered into an oral or |
written lease with a lessor to lease a dwelling unit.
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(Source: P.A. 95-210, eff. 1-1-08.)
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(420 ILCS 46/20)
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Sec. 20. Exclusions. The provisions of this Act do not |
apply to the following: |
(1) Transfers pursuant to court order, including, but |
not limited to, transfers ordered by a probate court in |
administration of an estate, transfers between spouses |
resulting from a judgment of dissolution of marriage or |
legal separation, transfers pursuant to an order of |
possession, transfers by a trustee in bankruptcy, |
transfers by eminent domain, and transfers resulting from |
a decree for specific performance. |
(2) Transfers from a mortgagor to a mortgagee by deed |
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in lieu of foreclosure or consent judgment, transfer by |
judicial deed issued pursuant to a foreclosure sale to the |
successful bidder or the assignee of a certificate of |
sale, transfer by a collateral assignment of a beneficial |
interest of a land trust, or a transfer by a mortgagee or a |
successor in interest to the mortgagee's secured position |
or a beneficiary under a deed in trust who has acquired the |
real property by deed in lieu of foreclosure, consent |
judgment or judicial deed issued pursuant to a foreclosure |
sale. |
(3) Transfers by a fiduciary in the course of the |
administration of a decedent's estate, guardianship, |
conservatorship, or trust. |
(4) Transfers from one co-owner to one or more other |
co-owners. |
(5) Transfers pursuant to testate or intestate |
succession. |
(6) Transfers made to a spouse, or to a person or |
persons in the lineal line of consanguinity of one or more |
of the sellers. |
(7) Transfers from an entity that has taken title to |
residential real property from a seller for the purpose of |
assisting in the relocation of the seller, so long as the |
entity makes available to all prospective buyers a copy of |
the disclosure form furnished to the entity by the seller. |
(8) Transfers to or from any governmental entity.
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(9) Transfers of any residential dwelling unit located |
on the third story or higher above ground level of any |
structure or building, including, but not limited to, |
condominium units and dwelling units in a residential |
cooperative. |
As used in this Section, "transfers" includes any legal |
transfer of possession of property, including purchases and |
leases. |
(Source: P.A. 95-210, eff. 1-1-08; 96-278, eff. 8-11-09.)
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(420 ILCS 46/26 new) |
Sec. 26. Disclosure of radon hazard to current and |
prospective tenants. |
(a) At the time of a prospective tenant's application to |
lease a dwelling unit, before a lease is entered into, or at |
any time during the leasing period, upon request, the lessor |
shall provide the prospective tenant or tenant of a dwelling |
unit with: |
(1) the Illinois Emergency Management Agency pamphlet |
entitled "Radon Guide for Tenants" or an equivalent |
pamphlet approved for use by the Illinois Emergency |
Management Agency; |
(2) copies of any records or reports pertaining to |
radon concentrations within the dwelling unit that |
indicate a radon hazard to the tenant, as provided in |
subsection (c); and |
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(3) the Disclosure of Information on Radon Hazards to |
Tenants form, as set forth in subsection (f). |
(b) At the commencement of the agreed leasing period, a |
tenant shall have 90 days to conduct his or her own radon test |
of the dwelling unit. If the tenant chooses to have a radon |
test performed, the tenant shall provide the lessor with |
copies of the results, including any records or reports |
pertaining to radon concentrations, within 10 days after |
receiving the results of the radon test. If the tenant's radon |
test provides a result in excess of the Illinois Emergency |
Management Agency's recommended Radon Action Level and the |
lessor has elected to not mitigated the radon hazard, the |
tenant may terminate the lease. |
(1) Nothing in this subsection is intended to or shall |
be construed to imply that a tenant is not permitted to |
conduct a radon test of unit following the completion of |
the 90-day period. Following the 90-day period the tenant |
may conduct further radon testing if he or she elects to; |
however, upon a result of a radon hazard, he or she does |
not have a right to terminate the lease under this |
Section. |
(2) Nothing in this subsection is intended to or shall |
be construed to imply that a tenant waives any other right |
to terminate the lease if he or she conducts a radon test |
after the completion of the 90-day period under any other |
applicable State or federal law. |
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(c) If the tenant elects to conduct a radon test during the |
90-day period and the results indicate a radon hazard, the |
lessor may hire a radon contractor to perform an additional |
radon test within 30 days after the tenant notifies the lessor |
of the results of his or her radon test. The results of a |
measurement by a radon contract may be used by the lessor to |
disprove the presence of a radon hazard. Test results are |
valid for a period of 2 years after the date of the testing |
unless any renovations, additions, or modifications are made |
to the building containing the dwelling unit. |
(d) Nothing in this Section is intended to or shall be |
construed to imply an obligation of a lessor or tenant to |
conduct any radon testing activity or perform any radon |
mitigation activity. |
(e) If a lessor fails to provide the prospective tenant or |
tenant with the documents as required in subsection (a), then, |
at any point during the term of the lease the tenant may elect |
to have a radon test conducted under this Section. If the radon |
test shows the existence of a radon hazard, the tenant shall |
provide the lessor with copies of the results of the test, |
including records or reports pertaining to radon |
concentrations, within 10 days after receiving the results of |
the radon test. If the lessor disputes the results of the radon |
test performed by the tenant, the lessor may elect, at the |
lessor's expense, to hire a radon contractor to perform a |
radon test within 30 days of the tenant notifying the lessor of |
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the results of the tenant's radon test. The results of a |
measurement by a radon contract may be used by the lessor to |
disprove the presence of a radon hazard. Test results are |
valid for a period of 2 years after the date of testing unless |
any renovation, addition, or substantial modifications are |
made to the building containing the dwelling unit. If the |
lessor declines to dispute the results of the tenant's radon |
test showing a radon hazard or does not mitigate the hazard, |
the tenant may, within 60 days: |
(1) hire, at the tenant's expense, a radon contractor |
to perform radon mitigation activities. If the tenant |
chooses to conduct mitigation activities, the mitigation |
activities shall only be done with express consent of the |
lessor; or |
(2) terminate the lease. |
(f) The following Disclosure of Information on Radon |
Hazards to Tenants shall be provided to each tenant of a |
dwelling unit:
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"DISCLOSURE OF INFORMATION ON RADON HAZARDS TO TENANTS
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Radon Warning Statement |
Each tenant in this residence or dwelling unit is notified |
that the property may present exposure to levels of indoor |
radon gas that may place the occupants at risk of developing |
radon-induced lung cancer. Radon, a Class-A human carcinogen, |
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is the leading cause of death in private homes and the leading |
cause of lung cancer in nonsmokers. The lessor of any |
residence is required to provide each tenant with any |
information on radon test results of the dwelling unit that |
present a radon hazard to the tenant. |
The Illinois Emergency Management Agency (IEMA) strongly |
recommends that ALL rental properties have a radon test |
performed and radon hazards mitigated if elevated levels are |
found in a dwelling unit or a routinely occupied area of a |
multiple family residence. Elevated radon concentrations can |
easily be reduced by a radon contractor.
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Dwelling Unit Address: .............................
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Lessor's Disclosure (initial each of the following that |
apply) |
.... Lessor has no knowledge of elevated radon |
concentrations (or records or reports pertaining to elevated |
radon concentrations) in the dwelling unit. |
.... Radon concentrations (at or above the IEMA |
recommended Radon Action Level 4.0 pCi/L) are known to be |
present within the dwelling unit. |
.... Lessor has provided the tenant with copies of all |
available records and reports, if any, pertaining to radon |
concentrations within the dwelling unit.
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Tenant's Acknowledgment (initial each of the following |
that apply) |
.... Tenant has received copies of all information listed |
above. |
.... Tenant has received the pamphlet "Radon Guide for |
Tenants".
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Certification of Accuracy |
The following parties have reviewed the information above |
and each party certifies, to the best of his or her knowledge, |
that the information he or she provided is true and accurate. |
Lessor ............................. Date ............ |
Tenant ............................. Date ............"
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(g) This Section applies to leases entered into on or |
after the effective date of this amendatory Act of the 103rd |
General Assembly.
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(420 ILCS 46/30 new) |
Sec. 30. Mitigation of radon hazards. |
(a) A lessor who decides to have radon mitigation |
performed shall have the radon mitigation system installed by |
a radon contractor. |
(b) A tenant who decides to have radon mitigation |
performed shall have the radon mitigation system installed by |
a radon contractor and shall have the lessor's express consent |
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prior to undertaking any mitigation activities. If the tenant |
receives express consent from the lessor, the tenant may |
deduct the cost of installation of the radon mitigation system |
from tenant's rent. This deduction shall be divided in equal |
parts for the remainder of the leasing period. |
(c) A lessor of a dwelling unit vacated by a tenant under |
subsection (e) of Section 26 who has received a security |
deposit from a tenant to secure the payment of rent or to |
compensate for damage to the leased property may not withhold |
any part of that security deposit as compensation for radon |
testing or mitigation activities. However, the lessor may |
withhold part of the security deposit if the tenant had a |
mitigation system installed without the lessor's consent and |
the system was not properly installed by a radon contractor. |
An itemized statement must be provided to the tenant if any |
part of the security deposit is withheld. |
(d) This Section applies to leases entered into on or |
after the effective date of this amendatory Act of the 103rd |
General Assembly.
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(420 ILCS 46/35 new) |
Sec. 35. Home rule. A home rule unit may not regulate lease |
agreements or tenant rights in a manner that is inconsistent |
with the regulation of lease agreements and tenant rights |
under this Act. This Section is a limitation under subsection |
(i) of Section 6 of Article VII of the Illinois Constitution on |