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UPDATE: Additional Requirements for Lease Disclosures Regarding Disability Access

 

On September 16, 2016, Governor Brown signed Assembly Bill 2093, which adds new requirements for leases and rental agreements executed on or after January 1, 2017, aimed at helping businesses assess whether commercial rental property is compliant with disability access laws. 

Previously, California law required only a statement whether the property being leased or rented had undergone an inspection by a Certified Access Specialist (CASp) and, if so, whether the subject property had or had not been determined to meet applicable construction-related standards. 

Through the passage of AB 2093, Section 1938 of the California Civil Code now also requires the following for leases and rental agreements executed on or after January 1, 2017: 

If the subject property has been inspected by a CASp, and the property meets applicable accessibility standards, the commercial property owner or lessor must provide the tenant or lessee with a copy of the CASp report, together with a copy of the current disability access inspection certificate, within 7 days of the execution of the lease or rental agreement.

If the subject property has been inspected by a CASp, and there have no modifications or alterations impacting the property’s compliance with related accessibility standards, the commercial property owner or lessor is required to provide the tenant or lessee with a copy of any CASp report at least 48 hours prior to the execution of the lease or rental agreement.  Any necessary repairs or modifications identified by the CASp report are presumed to be the responsibility of the commercial property owner or lessor, unless otherwise agreed by the parties. 

For properties that have not been issued a disability access inspection certificate, the commercial property owner or lessor must indicate in the lease or rental agreement that: 

  • a CASp can inspect the property and determine whether the property complies with construction-related accessibility standards;
  • although a CASp inspection is not required by state law, a commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the property; and
  • the commercial property owner and tenant must agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any necessary repairs.

Please call on us if you have any questions about compliance with these new requirements.

This posting is intended to summarize recent developments in the law for informational purposes only.  It is not intended to be, and does not constitute, legal advice.  We make no warranties of its completeness or accuracy.  Questions regarding the application and interpretation of these and other laws require qualified legal analysis.  We therefore ask that you direct any such questions to us following an appropriate, formal retention.

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