New Radon Testing Requirements for Montgomery County Landlords
Montgomery County Council Members unanimously passed legislation Tuesday that requires landlords to test for radon in single-family and multifamily rental housing countywide. The bill requires testing on ground or below-ground rental units in single-family or multifamily buildings.
It also states that action must be taken if a radon test shows a level of 4 picocuries per liter (pCi/L) or greater, per the Environmental Protection Agency’s recommendations.
Landlords must conduct a radon test before offering a lease to any prospective tenant, and the test must be performed less than three years before the starting date of the lease, according to the bill. EPA guidance must also be provided to each tenant on how to conduct radon tests if they wish to do so.
During the term of their lease, tenants can either hire a professional or conduct radon tests on their own, according to the bill and council staff reports. If radon is detected at 4 pCi/L or higher, they must notify the landlord within 14 days.
The landlord then has 14 days after receiving the notice to conduct a follow-up test — and within 90 days of receiving those test results, to take action to reduce radon levels to below 4 pCi/L. Landlords also must provide tenants with the final test results showing that radon has dipped below that level.
The Montgomery County Code recently amended required radon testing and mitigation in specific rental units starting July 1, 2023. Radon testing is only required for the following rental units: ground floor and basement units in single- family homes, multifamily apartments, and condominiums. Landlords of these properties must conduct a radon test before leasing a unit to a prospective tenant within three years before the date of the lease. The landlord is responsible for the cost of testing. The landlord must provide the tenant with certification that the test verifies radon below 4 pCi/L, the EPAs recommended action level.
SCHEDULE A RADON INSPECTION