Beginning July 1, 2013, commercial landlords in California must disclose if a Certified Access Specialist (CASp) has inspected the property being rented to a tenant in every lease entered into on or after that date. Under new Civil Code Section 1938, if a CASp has conducted an inspection, the lease must also state if the specialist found the property complies with applicable “construction-related accessibility standards,” including the Americans with Disabilities Act (ADA), the ADA Accessibility Guidelines, Unruh Civil Rights Act, and California Building Standards Code. Plaintiffs’ attorneys routinely claim non-compliance with these laws as the basis for filing lawsuits that their clients were deprived access to a store or other facility.
Disclosure of a CASp inspection is critical to protecting businesses from these harassing lawsuits. If a lease states the property has been inspected, a tenant must request a copy of the CASp report so if it is sued in the future, the tenant can seek a court stay of the plaintiff’s claim and the scheduling of an early evaluation conference. Conversely, if a draft lease says no inspection has been performed, tenants should negotiate with landlords to have one done for their mutual benefit. The inspection should not only cover the premises being leased but all common areas and leases should include a provision clearly allocating responsibility and liability for ADA compliance between landlord and tenant.
This document is intended to provide you with information about law related developments and updates. The contents of this document are not intended to provide specific legal advice. This communication may be considered advertising in some jurisdictions.