Montgomery County, MD Radon Testing Requirements for Rental Properties: New Regulations Effective July 1, 2023
New Radon Testing Requirements for Rental Properties in Montgomery County, MD
As of July 1, 2023, Montgomery County, MD, requires radon testing for all multifamily and single-family rental properties that are at or below ground level. This includes condominiums. Landlords must disclose and mitigate radon hazards if levels are above 4 pCi/L. A recent radon test result must be provided at the time of lease signing.
Why is Radon Testing Important?
The U.S. Environmental Protection Agency (EPA) has identified Montgomery County as one of the eight counties in Maryland with the highest potential indoor radon levels. Testing is the only reliable method to detect significant radon exposure in a residence.
What Rental Units Need Radon Testing?
The new regulation, part of Montgomery County Code (Section 29-35E), applies to rental units that are in contact with the ground or located in basements. This includes single-family homes and multifamily units like condominiums.
Landlord’s Responsibilities Before Leasing
Landlords must:
- Conduct a Radon Test: Have a professional test for radon within three years before the lease date.
- Cover Testing Costs: Pay for the radon testing.
- Provide Test Results: Give tenants a copy of the radon test results showing levels below the EPA’s recommended action level.
- Share EPA Information: Provide access to the EPA’s radon pamphlet either electronically or in hard copy upon request.
Landlord’s Responsibilities to Existing Tenants
Tenants have the right to:
- Conduct Their Own Test: Perform a radon test at their own expense or hire a licensed professional.
- Notify Landlord: If radon levels are 4 pCi/L or higher, tenants must inform the landlord in writing within 14 days and include test results.
If high radon levels are confirmed, landlords must:
- Follow Up with Testing: Conduct a follow-up test according to EPA standards.
- Mitigate Radon Levels: Reduce radon levels below 4 pCi/L within 90 days and provide final test results to the tenant.
- Allow Lease Termination: If radon levels are not mitigated, tenants can terminate the lease without financial penalties or loss of the security deposit by providing written notice. The notice can be effective immediately or as agreed upon to allow time to find alternative housing.
By adhering to these guidelines, landlords can ensure the safety of their tenants and comply with Montgomery County’s radon testing requirements.
