Written by: Kate Holder

Category: Uncategorized

Published: May 23, 2024

Montgomery County Radon Testing and Mitigation Requirements

The recent amendments to the Montgomery County Code and the adoption of a radon bill by the City of Rockville introduce critical requirements for radon testing and mitigation in rental properties. Here’s a detailed analysis of the key points and implications:

Scope of Radon Testing Requirements

1. Targeted Units:
   • The regulations apply specifically to ground floor and basement units within:
     • Single-family homes
     • Multifamily apartments
     • Condominiums
2. Testing Timeline:
   • Landlords must conduct a radon test within three years before leasing a unit to a new tenant.
3. Responsibility and Cost:
   • Landlords are responsible for the cost of radon testing.
   • They must provide certification to tenants that the radon levels are below the EPA’s recommended action level of 4 picocuries per liter (pCi/L).

Tenant Rights and Responsibilities

1. Tenant-Initiated Testing:
   • Tenants have the right to conduct their own radon tests at any time during their tenancy, at their own expense.
   • If a tenant’s test results show radon levels of 4 pCi/L or higher, they must notify the landlord in writing within 14 days and provide the test results.
2. Landlord’s Obligations Post-Tenant Notification:
   • The landlord must perform a follow-up test according to EPA standards.
   • If the follow-up test confirms elevated radon levels, the landlord has 90 days to mitigate the property and reduce radon levels below 4 pCi/L.
   • The landlord must then provide the tenant with a final copy of third-party professional test results confirming the mitigation.

Consequences for Non-Compliance

1. Tenant’s Right to Terminate Lease:
   • If the landlord fails to mitigate the radon levels, the tenant can terminate the lease without loss of the security deposit or any other financial penalty.
   • The tenant must provide written notice of their intent to terminate and vacate the premises. The termination can be immediate or as agreed upon to allow the tenant time to find alternative housing.
2. Support and Resources:
   • Tenants can contact the Office of Landlord Tenant Affairs by submitting a service request online for assistance.

Implications

1. Health and Safety:
   • These amendments prioritize the health and safety of tenants by ensuring that rental units have safe radon levels, as prolonged exposure to high radon levels can lead to serious health issues, including lung cancer.
2. Financial Impact on Landlords:
   • Landlords must bear the financial burden of initial and follow-up radon tests, as well as any required mitigation efforts.
   • Non-compliance can lead to lease termination without financial penalties, potentially resulting in financial losses for landlords.
3. Tenant Empowerment:
   • Tenants are empowered to ensure their living environment is safe, with the ability to independently test for radon and hold landlords accountable for necessary mitigation.
4. Administrative and Logistical Considerations:
   • Landlords need to maintain timely and accurate records of radon tests and certifications.
   • Effective communication between tenants and landlords is crucial to address and resolve radon-related issues promptly.

Conclusion

The amendments to the Montgomery County Code and the new radon bill by the City of Rockville introduce significant protections for tenants by ensuring rental properties are safe from high radon levels. Landlords must adhere to these regulations, bearing the cost and responsibility of testing and mitigating radon, while tenants have the right to independent testing and recourse if landlords fail to act. These measures aim to enhance tenant health and safety, though they also impose additional responsibilities and potential costs on landlords.

Get Started Today

Don’t wait until it’s too late. Ensure your rental properties are safe and compliant with Montgomery County’s radon regulations. Contact [Your Company Name] today to schedule a radon test and take the first step towards a healthier living environment for your tenants.

• Call us at 240-224-0577
• Email us [email protected]
• Visit our website to book a service or learn more about our radon testing solutions