Effective January 1, 2012, the Illinois Radon Awareness Act will be amended to subject landlords of multi-unit residential buildings to new radon disclosure obligations.

The changes provide that if a landlord performs a radon test in a dwelling unit and such test reveals the existence of a radon hazard in the unit, the landlord must provide written notification of that hazard to the current tenant of the unit and to any prospective tenant of said unit.  Similarly, if a current tenant provides written results of a radon test indicating the presence of a radon hazard in a given dwelling unit to the landlord, then the landlord must provide written notification of that hazard to any prospective tenant of said unit.  However, a landlord is not required to disclose the presence of the hazard, as discovered by the current tenant, if the landlord conducts a radon test in the dwelling unit and the results of such test do not reveal the existence of a radon hazard.

It should be noted the amended Illinois Radon Awareness Act does not impose affirmative obligations on landlords to conduct radon testing and the new obligations apply only to dwelling units below the third story and above the ground level of such buildings.