The Illinois Radon Awareness Act (RAA) has been amended making radon disclosure mandatory for most leases of dwelling units. In the past, the Radon Awareness Act only required disclosure if there is an outstanding test result showing a hazard that has either not been remediated or retested showing no hazard. The new Radon Awareness Act will apply to leases entered on or after Jan. 1, 2024.

Here is a list of the substantive changes to Radon Awareness Act, all dealing with residential lease situations (provisions related to residential sales remain the same):

• Additional Definitions:
  • Dwelling unit
  • Lease
  • Lessor
  • Mobile home
  • Radon
  • Radon Contractor
  • Tenant
• Leases on the third floor or above are excluded (no disclosure required)
• Adds new Section 26 (removes Section 25)
  • Outlines the disclosure process for lessors to prospective or existing tenants requiring lessors to provide.
    • Illinois Emergency Management Agency pamphlet – Radon Guide for Tenants
    • Copies of any records or reports that indicate a radon hazard, AND
    • A disclosure report (language is set forth in Subsection (f) of the Radon Awareness Act)
  • A tenant gets 90 days to conduct a radon test in their unit.
    • Tenant shall provide results to lessor within 10 days.
    • If a hazard results from the test, tenant may terminate the lease if lessor does not mitigate using a radon contractor.
    • After 90 days, the tenant may conduct a test but may not terminate the lease.
    • If, during the 90 days, a radon hazard is indicated, lessor may hire a radon contractor to do another test.
      • If the test result is negative, this can be used as proof of no hazard for 2 years.
      • If the test does show a hazard, the lessor may elect to mitigate.
  • There is no requirement or obligation for tenant or landlord to choose to test and/or to mitigate.
  • If the lessor does not provide documents at the beginning of the lease, the tenant may conduct a test and if there is a hazard, the lessor may hire a radon contractor to mitigate or to perform another test.
    • If the lessor does not dispute the test result or mitigate within 60 days, the tenant may hire a radon contractor at tenant’s expense but must have the lessor’s express consent regarding the installation of the system, or the tenant may terminate the lease. (Only in situations where the lessor does not give all the documents and disclosures at the beginning of the lease).
• Home rule is preempted by this statute.

Find the complete and amended Radon Awareness Act requiring disclosure to tenants.