Ill. Landlords Required to Reveal Property’s Radon History

Illinois state law already requires home buyers to be informed if the house they are buying has been found to have high levels of radon ---which is radioactive and a cancer risk. Now, that requirement also applies to renters.

Legislation that took effect this week requires landlords to tell prospective tenants if a rental home or apartment has tested for radon above hazardous levels. The testing is still voluntary, and landlords are not required to do anything to reduce high radon levels. But Patrick Daniels of the Illinois Emergency Management Agency said the requirement could still be beneficial, because it could "start a dialog between the renter and the landlord to discuss radon as an issue in rental property."

Esther Patt of the Champaign-Urbana & U of I Campus Tenant Unions said warning prospective renters about high radon levels could influence landlords' actions.

'They still do have this duty to disclose, and could have problems if they're caught not having disclosed," Patt said. "So, one would think that this would motivate at least some landlords who are made aware of radon danger at their property to take actions to eliminate that radon threat."

Landlords are required to inform prospective tenants about hazardous radon levels, whether they have a test done on the rental unit, or if the tenant does the test. But if they take action to reduce the radon danger --- or if a later test shows radon levels are lower, they don't have to tell tenants anything.

The requirement does not apply to apartments on the third floor or above.

Radon is a radioactive gas that occurs naturally from decaying uranium in soil. It's considered the leading cause of lung cancer among non-smokers.