Radon in Montgomery County, Maryland

Radon in Montgomery County, Maryland

Montgomery County, Maryland is the only county in Maryland where a radon test is required upon the sale of a home.  If the buyer does not conduct a radon test during the home inspection phase, the seller must provide a clear radon test before closing.  This contingency is written into the contract of sale for Montgomery County.  

This year Montgomery County has extended this to rental housing as well.  

Bill 26-22 will go into effect on July 21, 2023 - these are the highlights

1. It relates to Landlords and Rental Housing
2. Both single and multi-family housing
3. A positive result will trigger mitigation
4. The landlord is required to test before leasing and show a radon level below <4pCi/L
5. Certified testing isn't required, the landlord can test themselves
6. Test results cannot be older than 3 years
7. The landlord has to provide an EPA brochure or link to one.
8. Tenants may test and notify the landlord if high, within 14 days.
9. The landlord may have their own test within 14 days.
10. If the test is higher than 4pCi/L mitigation must occur within 90 days.
11. The tenant has the right to terminate the lease if the landlord fails to mitigate the radon.

Radon is naturally occurring, colorless, and odorless.  It is a carcinogen and should be taken seriously.  Radon does not just occur in Montgomery County, it can occur anywhere and as an agent, you should be advising your client's accordingly and educating them on the risks and how they should proceed.