Mandatory radon testing for MOCO rentals is here. On November 1, 2022, the County Council passed a new bill, 26-22, which mandates radon testing for all rental properties on the ground floor, first or second floors. Unlike the residential resale provision which is limited to single family homes, this statue applies to single family homes and multifamily homes. (It still has an exemption for condos and coops, even if they are townhomes.)
Provisions in the Statute
The statute provides that a landlord must conduct a radon test on any single family or multi family property before leasing a property to a tenant. The radon test must be done within 3 years of the lease. The landlord must include in the lease the results of the radon test showing that the radon levels are below 4 picocuries, the informational pamphlet from the EPA about radon, and certification that the test was done no longer than 3 years before the lease.
The statute also allows a tenant to test once during the lease and provide notice to the landlord if the radon levels are above 4 picocuries. In that case, the landlord must initiate a follow up test within 14 days and must remediate within 90 days. If the landlord fails to mitigate within 90 days, the tenant may break the lease without penalty or loss of security deposit. The termination may be effective upon notice to the landlord or at a time that is mutually agreeable to landlord and tenant so that the tenant may find a new home.
Questions?
If you have any questions about the new statute, please give the Lise Howe Group a call at 240-401-5577 or email us at lise@lisehowe.com We are happy to help you find a licensed professional to perform the necessary radon test. If this all sounds like too much work, we can also help you find a new investment property such as a condo which does not require testing. With a 1031 tax free exchange, you can even reduce or delay your tax liability on your capital gains! Lets talk!
