SB23-206 Summary

• Requires sellers of residential real property to disclose in sales contracts and property disclosure documents whether the property has been tested for radon and provide any known radon test results, mitigation records, and a state health department brochure about radon risks

• Mandates inclusion of a bold-faced warning statement in all residential real estate contracts explaining that radon is a Class A carcinogen, the leading cause of lung cancer in nonsmokers, and recommending buyers have the property tested and mitigated if elevated levels are found

• Requires landlords to disclose radon testing information and risks to tenants in writing before signing lease agreements, with tenants allowed to void leases if landlords fail to provide disclosures or make reasonable mitigation efforts within 180 days of notification that radon levels exceed 4 picocuries per liter (4 pCi/L)

• Establishes that failure to comply with radon disclosure requirements for rental properties constitutes a breach of the warranty of habitability

• Applies to all residential real property contracts and lease agreements entered into on or after the effective date; exempts individuals performing radon measurement or mitigation on single-family residences they own and occupy