The proposed legislation, known as the Landlord and Tenant Radon Awareness Act, aims to enhance awareness and management of radon hazards in rental properties in Nebraska. It establishes definitions for key terms such as "dwelling unit," "lessor," "tenant," and "radon hazard," and mandates that landlords provide prospective tenants with relevant radon test results and a disclosure form at the time of application and during the lease period if requested. Tenants are also empowered to conduct their own radon tests and share results with the landlord, who may then choose to conduct further testing. If a radon hazard is confirmed and the landlord does not take action, tenants have the right to terminate their lease without penalty or to hire a mitigation specialist at their own expense.
Additionally, the bill stipulates that landlords cannot withhold security deposits for radon testing or mitigation activities unless the tenant installed a mitigation system without consent and it was improperly installed. The act applies to leases entered into on or after its effective date, ensuring that new tenants are informed about potential radon risks in their living environments. Overall, the legislation seeks to protect tenants from the health risks associated with radon exposure while clarifying the responsibilities of both landlords and tenants regarding radon testing and mitigation.