Advancing Environmental Justice through Rockville’s Ordinance 6-23 and Montgomery County’s Bill 26-22: Radon Testing Requirements and Tenant Safety

Introduction

In March 2023, the city of Rockville, Maryland, took a significant stride towards advancing environmental justice and safeguarding the health of its residents by enacting Ordinance 6-23. This groundbreaking ordinance, which went into effect on September 27, 2023, specifically addresses radon testing requirements in all ground-contact or basement dwelling units within rental facilities. Radon, an odorless and colorless gas, poses health risks when present in high concentrations. This regulation not only protects tenants but also underscores the commitment to environmental justice, ensuring that all residents have access to safe living conditions.

Understanding Ordinance 6-23

Ordinance 6-23 casts a wide net, applying to all ground-contact or basement dwelling units within rental facilities across Rockville, with certain exceptions for properties mandated to have an innkeeper’s license (details of which can be found in the Rockville, MD, Code of Ordinance, Chapter 18, Section 18-126 – Inns).

This forward-thinking ordinance comprises the following key provisions:

1. Radon Testing requirements – Before Lease and/ or Lease Renewal:

Landlords are now legally obligated to conduct radon testing before leasing a dwelling to a prospective tenant or renewing an existing lease through an addendum.

The testing must be carried out within 2 years of the lease date.

2. Addressing Elevated Radon Levels:

If radon testing confirms levels above 4.0 pCi/L (picocuries per liter), landlords are required to acknowledge these results within 14 days. Subsequently, they must mitigate the premises within 90 days, reducing radon levels below the EPA action level of 4.0 pCi/L.

3. Providing Test Results:

Once radon mitigation systems are installed, landlords must furnish tenants with a final copy of test results conducted by a certified radon measurement professional. This documentation certifies that radon levels have been successfully reduced to below 4.0 pCi/L.

4. Cost Responsibility:

The financial burden of any follow-up, confirmation, or retesting of radon levels falls on the landlord.

5. Resolving Test Result Disputes:

In instances of disagreement regarding test results, a clear hierarchy is established to determine the prevailing outcome:

• Tests performed by certified radon professionals supersede tests performed by non-certified persons.
• When both tests are conducted by certified professionals, long-term tests take precedence over short-term results.
• In cases where both tests are deemed equally valid, a mutually agreed third-party certified radon professional must retest, adhering to EPA-recommended standards.

Tests performed by certified radon professionals supersede tests performed by non-certified persons.

6. Tenant Disclosure:

Landlords are legally bound to inform tenants about the presence of radon within 14 days of becoming aware of the issue.

7. Tenant Rights:

If landlords fail to comply with the ordinance or mitigate the premises as mandated, tenants have the right to terminate their contract without losing their security deposit or incurring any financial penalties.

Environmental Justice and Tenant Safety

The importance of Ordinance 6-23 extends beyond its immediate tenant-landlord implications. It significantly contributes to the broader concept of environmental justice.

Environmental justice focuses on ensuring that all individuals, regardless of their race, socioeconomic status, or geographical location, have the same degree of protection from environmental hazards.

In this context, the ordinance is a powerful tool for environmental justice as it:

1. Ensures Equal Protection:

By mandating radon testing and mitigation in rental units, Ordinance 6-23 guarantees that all residents, regardless of their housing circumstances, have access to safe and healthy living environments. This helps to bridge the gap in environmental protection that can often disproportionately affect marginalized communities.

2. Empowers Tenants:

The ordinance empowers tenants by providing them with the right to demand safe living conditions. This not only protects their health but also underscores their right to live in an environment free from environmental hazards.

Radon testing requirements – Comparison with Montgomery County Bill 26-22

It’s important to note that the City of Rockville’s Ordinance 6-23 shares similarities with the recently enacted Montgomery County Bill 26-22. Both regulations address radon testing requirements and safety in rental units, reflecting the broader commitment in the region to protect all residents from potential radon-related health risks.

However, there is a crucial distinction that readers should be aware of. While the objectives of these ordinances align, the frequency of required radon testing differs between the two jurisdictions.

In Rockville, under Ordinance 6-23, landlords are required to conduct radon testing every 2 years. This means that tenants in Rockville can expect more frequent assessments of radon levels in their rental units, ensuring ongoing safety and compliance.

On the other hand, Montgomery County’s Bill 26-22 mandates radon testing every 3 years. This, in essence, extends the testing intervals by an additional year compared to Rockville’s ordinance.

Montgomery County’s Bill 26-22 mandates radon testing every 3 years.

This distinction in testing frequency highlights the need for tenants and landlords to be well-informed about the specific regulations in their respective areas. It’s essential to understand the nuances of local ordinances to ensure compliance and maintain a safe living environment.

In either case, the underlying commitment to radon safety and ensuring environmental justice remains a shared priority. Both the City of Rockville and Montgomery County have taken proactive steps to protect their residents from the potential health hazards associated with radon exposure. Tenants, landlords, and residents alike should appreciate the efforts made to create safer and healthier living spaces within these communities.