Montgomery County Radon Law

The Montgomery County Radon Law ensures the safety of residents by requiring radon testing for residential properties during real estate transactions. This law mandates compliance with strict radon testing guidelines to protect public health and promote transparency for buyers and sellers.

Understanding the Montgomery County Radon Law

The Montgomery County Radon Law, enacted in 2016, requires radon testing for all single-family homes in real estate transactions. This regulation aims to reduce exposure to radon, a leading cause of lung cancer, by making testing a standard practice.

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Radon test in Montgomery County

Applicability of the Montgomery County Radon Law

The Montgomery County Radon Law ensures transparency and safety for both buyers and sellers in real estate transactions.

Fun Fact: Did you know Montgomery County is the only county in the United States that requires radon testing for a property before its settlement? This unique regulation highlights the county’s commitment to public health and environmental safety.

Here's what you need to know:

Who Does the Law Apply To?

  • New and Re-Sale Homes: The law applies to all new and previously owned homes in Montgomery County.
  • Exemptions: Certain properties are exempt, including:
    • Homes to be demolished.
    • Properties in Poolesville, Kensington, and Barnesville. (Note: Rockville is no longer exempt as of January 1, 2023.)
    • Condos and co-ops with specific ownership structures.
    • Properties involved in foreclosure or sheriff's sale.
    • Transfers by fiduciaries during estate administration.

Responsibilities and Rights

  1. Testing Responsibility:
    • Either the buyer or seller can order the test.
    • If the buyer does not initiate the test, the primary responsibility falls to the seller.
  2. Buyer's Rights:
    • Buyers cannot waive their right to a radon test.
    • Test results cannot be used as a basis to cancel the contract unless specified in a radon contingency.
  3. Mitigation Not Mandatory:
    • The law aims to promote awareness. Remediation is not a legal requirement, even if elevated radon levels are detected.
  4. Enforcement:
    • Non-compliance with the law is considered a Class A violation, enforceable by the Office of Consumer Protection.

Understanding the Testing Process

  • Who Performs the Test?
    • Tests must be conducted by a certified radon professional following EPA approved ANSI-AARST standards.
  • Valid Test Requirements:
    • The test must be no older than one year at the time of settlement.
    • Tampering with testing devices or not following closed-house conditions can invalidate results.

Why Testing is Essential

Radon is a serious health hazard and a leading cause of lung cancer. By complying with the Montgomery County Radon Law, you ensure transparency, safety, and peace of mind for everyone involved in the transaction.

Additional Resources

Schedule a radon test

Important Information:

  • The law does not exempt properties based on construction style, age, or type of foundation. All residential properties fall under the testing and disclosure requirements.
  • The law mandates properties to be tested no more than one year before the settlement date. This ensures that the radon test results are current and relevant at the time of property transfer.

Radon Testing in Rental Properties

July 1, 2023
That is the effective date of the Montgomery County "Radon Rental Law." The bill was first introduced in 2022 and was proposed by Councilmembers Rice and Katz.

The Law

  1. Require the landlord to test for radon all single family (attached and detached) and ground-contact or basement units in a multifamily dwelling.
  2. Require the landlord to install a mitigation system when radon levels are at or above EPA action level of 4.0pCi/L.
  3. Require the landlord to retest, when mitigation is needed, by hiring a radon measurement professional. Landlord must share results with tenant.
  4. Allow tenants to perform or hire a radon measurement professional to test for radon.
  5. Require the landlord to disclose to EACH tenant in the building within 14 days if elevated radon levels are present.
  6. Tenants have the right to terminate the lease without any penalties if landlord fails to mitigate within 90 days of confirmed results.

 

Important Information:

  • Professional measurements supersedes DIY tests. 
  • Long term tests (90+ days) supersedes short term tests.
  • Radon test must be done prior to new leases and lease renewals. 
  • The test must be performed less than three years before the date of the lease.
  • Landlords must share a copy of the EPA's pamphlet is available through electronic link or by hard copy if requested by the tenant.
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