Bill Text: IL HB0141 | 2011-2012 | 97th General Assembly | Chaptered
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-Chaptered.html
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| Public Act 097-0021 | ||||
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AN ACT concerning civil law.
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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 Section 15 and by adding Section 25 as follows:
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(420 ILCS 46/15)
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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.
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(Source: P.A. 95-210, eff. 1-1-08.)
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(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 | ||||
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.
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Section 99. Effective date. This Act takes effect January | ||
1, 2012.
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