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Bill

Bill

LB 506

Adopt the Landlord and Tenant Radon Awareness Act

109th Legislature (2025-2026) Introduced by Megan Hunt

LB 506 requires landlords to disclose radon hazards and records to tenants; tenants can test, and if a hazard is confirmed and no mitigation occurs, terminate or pursue mitigation.

Title printed. Carryover bill
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Bill Summary · LB 506

Summary – LB 506: Landlord and Tenant Radon Awareness Act

Purpose and Intent

LB 506, introduced January 21, 2025 by Senator Megan Hunt and scheduled for a hearing before the Judiciary Committee on February 20, 2025, creates a statutory framework to inform Nebraska tenants about radon hazards in rental units. The bill aims to increase tenant awareness and provide limited rights related to radon exposure, without imposing testing or mitigation duties on landlords. It builds on existing radon-related protections for new homes and for sellers of older homes, extending a disclosure and rental-access framework to renters.

Key Provisions

  • Scope and Definitions (Sec. 2)

    • Establishes definitions for dwelling unit, lease, lessor, mitigation, radon, radon hazard (radon exposure at or above 4 picocuries per liter), radon measurement specialist, radon mitigation specialist, and tenant.
    • Applies to leases entered into on or after the act’s effective date.
  • Tenant Information and Disclosure (Sec. 3)

    • At application and at any time during the lease upon tenant request, landlords must provide:
    • Copies of records/reports about radon concentrations that indicate a radon hazard.
    • A disclosure form describing radon hazards (see below).
    • Tenants may conduct their own radon test during the lease. Results must be shared with the landlord within 10 days.
    • If the tenant’s test indicates a radon hazard, the landlord may hire a radon measurement specialist for an additional test within 30 days. The landlord’s results may be used to dispute the tenant’s test results.
    • Test results are valid for two years unless renovations occur.
    • If the landlord fails to provide required documents, a tenant who has an independent radon test showing a hazard may terminate the lease without penalty or deposit loss after sharing test results within 10 days.
  • Tenant Remedies and Mitigation (Sec. 3)

    • If a radon hazard is confirmed (by tenant’s test or landlord’s tests):
    • Within the first 90 days of the lease, the tenant may terminate the lease without penalty or deposit loss if the landlord declines to dispute or mitigate.
    • At any time, the tenant may hire a radon mitigation specialist at their own expense.
    • Mitigation costs may be deducted from rent in equal installments for the remainder of the lease, with the landlord’s express consent for cost-sharing arrangements.
  • Disclosure Form (Sec. 3(4))

    • A standardized disclosure form to be provided to tenants, detailing:
    • Whether elevated radon concentrations are present.
    • Copies of available radon test results.
    • Certification and acknowledgment sections for both landlord and tenant.
    • Includes a statement that radon testing or mitigation is not an obligation for either party by virtue of the act.
  • Security Deposit Provisions (Sec. 4)

    • If a tenant installs a mitigation system with the landlord’s consent, the landlord may withhold part of the security deposit only if the system was not properly installed by a radon mitigation specialist.
    • Requires an itemized statement if any portion of the deposit is withheld.

Who Is Affected

  • Lessor/Landlord of dwelling units governed by Nebraska leases entered into on or after the act’s effective date.
  • Tenant or prospective tenant seeking rental housing in Nebraska.
  • Radon professionals (radon measurement and mitigation specialists) in relation to testing/mitigation activities.

Procedural and Timeline Notes

  • Status: Notice of hearing scheduled for February 20, 2025.
  • Introduced: January 21, 2025.
  • Committee: Judiciary.
  • Effective date: To be determined; the act applies to leases entered into on or after the effective date.

Impact Overview

  • Increases tenant access to radon-related information and provides an optional pathway for tenants to test and pursue mitigation at their expense.
  • Lets tenants terminate early or abate costs if a radon hazard is confirmed and the landlord does not engage in dispute or mitigation.
  • Does not obligate landlords to perform radon testing or remediation, but requires disclosure of radon information and records where available.
  • Creates a standardized disclosure form to ensure consistent communication of radon hazards to tenants.

Compiled from official sources — confirm details with the bill’s official record.

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