HF 700 (LSB 2011HV (1) 91)

HOUSE FILE 700

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 377)

A BILL FOR

An Act concerning radon testing in rental properties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 562A.15, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  a.  A tenant may conduct a radon test or hire a person certified in accordance with chapter 136B to conduct a radon test in the dwelling unit. If the results of the test show a radon level equal to or greater than four picocuries per liter, the tenant shall provide the landlord a written copy of those test results.
   b.  The landlord may have a confirmatory radon test conducted by a person certified in accordance with chapter 136B and, if applicable, shall provide the tenant a written copy of those test results. If the confirmatory test result is equal to or greater than four picocuries per liter, or if the landlord chooses not to have a confirmatory test conducted, the landlord shall have a radon mitigation system installed in the dwelling unit by a person certified in accordance with chapter 136B. Once a radon mitigation system has been installed, the landlord shall have the dwelling unit retested and the landlord shall provide the tenant a written copy of those new test results within ninety days from the day the tenant provided notification of elevated radon levels to the landlord.
   c.  If, within the ninety-day period established in paragraph “b”, the landlord fails to have a radon mitigation system installed in accordance with chapter 136B after receiving notice of elevated radon levels or if a radon mitigation system is installed and radon test results remain equal to or greater than four picocuries per liter, the tenant may terminate the lease and the landlord shall return all prepaid rent and the rental deposit and shall not impose any penalties against the tenant. The tenant shall provide written notice to the landlord of intent to terminate the lease. The termination date may be effective immediately or on a later date agreed to by the tenant and landlord to allow the tenant to obtain alternative housing.
   d.  For purposes of this subsection, “radon mitigation system” means a system designed to mitigate the presence of radon in a building installed by a person certified in accordance with chapter 136B.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns radon testing of rental properties.
   The bill provides that a tenant may conduct a radon test or hire a person certified in accordance with Code chapter 136B to conduct a radon test. The tenant shall notify the landlord of a test result equal to or greater than four picocuries per liter, which is the United States environmental protection agency’s action level for radon. The landlord may have a confirmatory radon test conducted by a certified person and must notify the tenant of those results. If a subsequent test result is equal to or greater than four picocuries per liter, or if the landlord chooses not to have a subsequent test conducted by a certified person, the landlord shall have a radon mitigation system installed. Once a radon mitigation system has been installed in accordance with Code chapter 136B, the rental property shall be retested and the new results shall be given to the tenant within 90 days of the original notice.
   The bill provides that if the landlord fails to have a radon mitigation system installed or if a radon mitigation system is installed and radon test results remain equal to or greater than four picocuries per liter, the tenant may terminate the lease and the landlord shall return all prepaid rent and the rental deposit and shall not impose any penalties against the tenant. The tenant shall provide written notice to the landlord of intent to terminate the lease effective immediately or on a date agreed to by the tenant and landlord to allow alternative housing to be obtained by the tenant. The bill defines “radon mitigation system” to mean a system designed to mitigate the presence of radon in a building installed by a person certified in accordance with Code chapter 136B.