Radon Testing Rules for NY Landlords: Renters’ Guide

As a renter in New York, understanding your rights and your landlord’s obligations when it comes to health and safety is essential. One environmental concern that often comes up is radon—a naturally occurring radioactive gas that can enter homes and increase the risk of lung cancer with prolonged exposure. This guide provides up-to-date information about radon testing requirements for landlords in New York and your options as a renter.

What Is Radon, and Why Does It Matter for Renters?

Radon is a colorless and odorless gas that seeps into buildings from the ground. Long-term exposure can lead to serious health risks. The U.S. Environmental Protection Agency (EPA) and New York State Department of Health both recommend regular radon testing, especially for ground-level and basement apartments.

Are Landlords Required to Test for Radon in New York?

Currently, there is no state law in New York mandating landlords to test for radon in rental properties, nor are they required to disclose radon levels to tenants unless specifically asked or if disclosure is part of a local ordinance. However, landlords must still provide safe and habitable conditions as required by the New York State Real Property Law § 235-B (Warranty of Habitability) ^[1]. If radon is found at hazardous levels, it may be considered a violation of this warranty of habitability.

Local Variations and Voluntary Radon Testing

• Some local counties (especially in higher-radon areas) may have their own disclosure policies. Always check with your local health department.
• Tenants can request that landlords test for radon or permit tenants to perform their own testing.
• Landlords are encouraged by the New York State Department of Health to participate in voluntary radon awareness and mitigation efforts.

What Can Renters Do About Radon Concerns?

Even though New York doesn’t require landlords to test for or mitigate radon, renters have options if they’re concerned:

• Request that your landlord allow radon testing or share any prior radon test results.
• Purchase an affordable test kit from the Department of Health Radon Test Kit Order Form (DOH-2249). This form allows you to order a reasonably priced kit directly from the state. After testing, you can discuss the results with your landlord.
• If radon levels are above 4 picocuries per liter (pCi/L), notify your landlord in writing and ask for mitigation steps, referencing the warranty of habitability.
• If your landlord refuses to address high radon, you may contact your local building or health department for further guidance.

Official Forms for Radon Testing

• Form Name: Radon Test Kit Order Form (DOH-2249)
  Use: Order a radon test kit directly from the NY Department of Health.
  Example: If you’re concerned about radon in your ground-floor rental, fill out and send this form to obtain a kit and perform your own test.

Your Rights and the Warranty of Habitability

New York’s Real Property Law § 235-B ensures that your rental must be fit for living, free from dangerous conditions, and compliant with basic health and safety standards. While radon is not listed explicitly, extremely high levels could fall under this protection.

For more severe or unresolved radon issues, renters may reach out to the New York State Division of Housing and Community Renewal (DHCR), the agency responsible for residential tenancy matters in New York.

What Action Can You Take If There’s a Radon Problem?

• Document all communications with your landlord.
• Use the Radon Test Kit Order Form to test your own unit if needed.
• If mitigation is needed and the landlord refuses, contact your county health department or file a habitability complaint via your local housing office.

Frequently Asked Questions (FAQ)

1. Are New York landlords legally required to test for radon in rentals?
   No, there is currently no state law requiring landlords to test for or disclose radon in New York rentals.
2. Can I test for radon in my own apartment?
   Yes. Renters can order and use radon test kits in their apartments. The New York Department of Health offers affordable kits.
3. What happens if my apartment has high radon levels?
   If radon levels exceed EPA guidelines (4 pCi/L), notify your landlord in writing and ask for remediation. If the landlord won’t address it, contact your local health department or the DHCR.
4. Where can I get an official radon test kit in New York?
   Use the DOH-2249 Radon Test Kit Order Form to order directly from the Department of Health.

Conclusion: Key Takeaways for NY Renters

• New York does not require landlord radon testing, but renters may still test their units.
• Use the official test kit order form and keep clear records.
• The “Warranty of Habitability” in New York law means landlords must ensure health and safety—the basis for requesting radon remediation if needed.

Need Help? Resources for Renters

• New York State Division of Housing and Community Renewal (DHCR) — Handles tenancy and habitability issues.
• NY State Department of Health: Radon Program — Official radon guidance and test kit order info.
• New York Real Property Law § 235-B — Text of the state warranty of habitability.
• EPA: Radon Resources — General federal radon guidance.

---

1. New York Real Property Law § 235-B: Warranty of Habitability
2. NY State Department of Health – Radon Information
3. New York State Division of Housing and Community Renewal (DHCR)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations