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SB23-206

Disclose Radon Information Residential Property

Type Bill
Session 2023 Regular Session
Subjects
Housing

Concerning information about radon in residential real property transactions.

Bill Summary:

The act requires a contract to sell residential real estate to contain, and a landlord of residential real estate to provide to prospective tenants, in writing:

  • A warning statement about the dangers of radon and the need for testing;
  • Any knowledge the seller or landlord has of the residential real property's radon concentrations and history, including tests performed, reports written, and mitigation conducted; and
  • The most recent brochure published by the department of public health and environment that provides advice about radon in real estate transactions.
If a landlord fails to provide the written disclosures or fails to mitigate an elevated radon level, the tenant may void the lease in accordance with the statutes governing the implied warranty of habitability; except that after January 1, 2026, the tenant may void the lease only if the lease is greater than one year in duration.

The real estate commission is required to promulgate rules requiring that these warnings and disclosures are made in real estate transactions that use a broker.

Colorado law requires a radon professional to be licensed. The act exempts a tenant from needing a license when the tenant is testing the property leased by the tenant.

APPROVED by Governor June 5, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status

Became Law

Introduced

Passed

Became Law

Related Documents & Information

Date Version Documents
06/05/2023 Signed Act PDF
04/28/2023 Final Act PDF
04/21/2023 Rerevised PDF
04/19/2023 Revised PDF
04/14/2023 Reengrossed PDF
04/13/2023 Engrossed PDF
03/20/2023 Introduced PDF
Date Version Documents
04/05/2023 PA1 PDF
Date Version Documents
08/31/2023 FN2 PDF
03/27/2023 FN1 PDF
Activity Vote Documents
Refer Senate Bill 23-206 to the Committee of the Whole. The motion passed on a vote of 11-0. Vote summary
Activity Vote Documents
Adopt amendment L.001 (Attachment J). The motion passed without objection. Vote summary
Adopt amendment L.003 (Attachment K). The motion passed without objection. Vote summary
Refer Senate Bill 23-206, as amended, to the Committee of the Whole. The motion passed on a vote of 4-3. Vote summary
Date Calendar Motion Vote Vote Document
04/21/2023 Third Reading BILL
51
AYE
11
NO
3
OTHER
Vote record
Date Calendar Motion Vote Vote Document
04/14/2023 Third Reading BILL
23
AYE
9
NO
3
OTHER
Vote record
Date Amendment Number Committee/ Floor Hearing Status Documents
04/13/2023 L.010 Second Reading Passed [**] PDF
04/13/2023 L.008 Second Reading Passed [**] PDF
04/04/2023 L.003 SEN Local Government & Housing Passed [*] PDF
04/04/2023 L.001 SEN Local Government & Housing Passed [*] PDF
Date Location Action
06/05/2023 Governor Governor Signed
05/02/2023 Governor Sent to the Governor
04/28/2023 House Signed by the Speaker of the House
04/28/2023 Senate Signed by the President of the Senate
04/21/2023 House House Third Reading Passed - No Amendments
04/20/2023 House House Third Reading Laid Over Daily - No Amendments
04/19/2023 House House Second Reading Special Order - Passed - No Amendments
04/18/2023 House House Committee on Public & Behavioral Health & Human Services Refer Unamended to House Committee of the Whole
04/14/2023 House Introduced In House - Assigned to Public & Behavioral Health & Human Services
04/14/2023 Senate Senate Third Reading Passed - No Amendments
04/13/2023 Senate Senate Second Reading Passed with Amendments - Committee, Floor
04/10/2023 Senate Senate Second Reading Laid Over Daily - No Amendments
04/04/2023 Senate Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole
03/20/2023 Senate Introduced In Senate - Assigned to Local Government & Housing
Effective Date Chapter # Title Documents
08/07/2023 356 Disclose Radon Information Residential Property PDF