Hawaii Radon Testing Rules for Landlords: Renter Guide

Maintaining a healthy home environment is important for every renter. In Hawaii, understanding whether landlords are required to conduct radon testing—and what your rights are if you’re concerned about indoor air quality—can help you protect yourself and your family. This article provides renters a clear explanation of radon testing requirements, what landlords must do, and how to seek assistance if you have concerns about radon levels in your Hawaii rental.

What is Radon and Why Does It Matter?

Radon is a naturally occurring radioactive gas found in soil and rock. High exposure levels can increase the risk of lung cancer. The Environmental Protection Agency (EPA) has identified radon as a health hazard, but not all states regulate radon testing for rental properties. According to the EPA’s official radon information, testing is the only way to know your home’s radon level.

Are Landlords in Hawaii Required to Test for Radon?

As of this year, there is no state law in Hawaii that specifically requires landlords to test for radon or disclose radon levels in rental properties. Currently, Hawaii’s laws focus more broadly on maintaining residential units in a safe and habitable condition, rather than setting forth detailed requirements regarding airborne hazards such as radon.

However, landlords still have a general duty to keep rental units safe and livable, as set out in Hawaii’s Residential Landlord-Tenant Code.

General Health and Safety Rules

• Landlords must ensure that the rental property is fit for habitation and does not endanger the health of tenants.
• If you believe there is a health risk due to radon or another issue, you can ask your landlord to investigate and take action.

What Can Renters Do About Radon in Hawaii?

Even though there is no mandatory radon testing law for landlords in Hawaii, renters have steps they can take:

• You can purchase a radon test kit from a hardware store or directly from the EPA's resource page.
• If you find a high level of radon in your unit, notify your landlord in writing. Refer to your right to a habitable dwelling under Hawaii law.
• If the landlord does not respond, you may contact Hawaii’s Regulated Industries Complaints Office (RICO) to report habitability concerns.

Relevant Official Forms for Renters

• Landlord-Tenant Complaint Form (RICO)
  Landlord-Tenant Complaint Form is used if your landlord is not maintaining a habitable property.
  Practical Example: You conduct a radon test, discover high levels, notify your landlord, and receive no response. Submit this form to have RICO investigate.

Which Tribunal Handles Rental Disputes in Hawaii?

The Office of Consumer Protection (OCP) handles landlord-tenant disputes in Hawaii. You can find information or file complaints related to rental issues on their official website.

What Laws Protect Hawaii Renters?

You are covered by the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521), which sets the obligations for landlords regarding property condition, repairs, and tenant rights.

1. Are landlords in Hawaii legally required to test rental properties for radon?
   No, Hawaii law does not currently require landlords to test for radon or disclose radon levels before renting.
2. Can I request my landlord test for radon?
   You may request testing, but your landlord is not legally required to comply. You may test on your own and notify the landlord about the results.
3. If high radon levels are found, can I break my lease?
   This depends on whether the property is considered uninhabitable per Hawaii housing law. Consult with the Office of Consumer Protection or legal aid before taking action.
4. What if my landlord ignores my radon safety concerns?
   You can file a complaint with the Regulated Industries Complaints Office (RICO) using the official Landlord-Tenant Complaint Form.
5. Where can I find guidelines on healthy rental housing in Hawaii?
   The Hawaii Department of Health’s Clean and Safer Homes page offers helpful resources for renters and landlords.

Conclusion: Key Takeaways for Hawaii Renters

• There is no Hawaii law requiring landlords to test for or disclose radon in rental housing.
• Landlords must provide habitable homes; health hazards like radon may fall under this general duty.
• Tenants can test on their own and use official forms to report unresolved health and safety issues.

Knowing your rights ensures you can take action if you’re concerned about your rental’s health and safety, even when specific requirements like radon testing are not mandated.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection (OCP): Landlord-Tenant Information – For rental rights and filing complaints
• Regulated Industries Complaints Office (RICO) – For property habitability complaints
• Hawaii Department of Health: Clean and Safer Homes – Guidance on rental housing safety
• Hawaii Residential Landlord-Tenant Code (HRS Chapter 521) – Full tenancy legislation
• Legal Aid Society of Hawaii – Free or low-cost legal assistance for tenants

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1. See Hawaii Residential Landlord-Tenant Code (HRS Chapter 521), State of Hawaii Legislature.
2. Official guidance on radon from the U.S. Environmental Protection Agency.
3. Office of Consumer Protection – Landlord-Tenant Information, State of Hawaii Department of Commerce and Consumer Affairs.
4. Regulated Industries Complaints Office (RICO), State of Hawaii.
5. Hawaii Department of Health – Clean and Safer Homes.

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