On June 5, 2023, Governor Jared Polis signed Colorado Senate Bill 23-206, and the bill went into effect on August 7, 2023. 

What does the bill do?

SB23-206 increases transparency and disclosure of information about any known radon hazards in a dwelling – including any radon tests performed and associated results, information about any radon mitigation systems installed, and general radon educational materials – by adding a form in sales contract or leasing processes.

The bill 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 standard, distinct warning statement about radon that advises (1) testing the home for radon and (2) mitigating the hazard if elevated radon levels are found.
• 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.

SB23-206 provides accountability for sellers, landlords, and realtors to ensure compliance with disclosure and notification requirements.

The bill significantly improves health outcomes without testing or mitigation mandates.

Tenant Disclosure

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 has not promulgated a form for landlords to use, but landlords must use a disclosure form that complies with 12-10-403(4)(b)(VI), C.R.S.  Due to the complexity of this law and the potential for leases to be voided if the required disclosure is not properly made, it is recommended that you use a form that is created by an attorney. Example tenant disclosure language is available here. 

The complete signed bill can be reviewed here. 

How can I get more information?

Rocky Mountain AARST

E-mail: info@rockymtnaarst.org