Indoor Air Quality in Rental Dwellings

State Laws Addressing Radon, Mold and Secondhand Smoke

 

Illinois

Illinois law was revised in 2023 to establish certain provisions governing radon in rental housing. See 2023 Il. H.B. 2217, Pub. Act 103-0298; 420 Il. Comp. Stat. § 420, 46/26.

Radon Disclosure and Warning. Illinois law requires that, before a lease is signed and upon request during a tenancy, a landlord provide tenants a state-approved radon pamphlet and any records indicating a radon hazard exists in the dwelling. The landlord must also provide a radon warning statement as set forth in the legislation (including the state's strong recommendation that all rental properties be tested and radon hazards mitigated), to be signed by the tenant and landlord.

Tenant Remedies.  The Illinois law does not require radon testing in rental housing, but it does establish the right of tenants to terminate the lease in certain situations defined in the law, if radon testing shows radon levels in excess of the state action level and the radon hazard is not mitigated. While the law does not require radon mitigation, it does provide that a tenant may have radon mitigation performed with the express consent of the lessor, and that in such cases the tenant may deduct the cost of installation from their rent. 

 

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