721 Capitol Mall, Suite 260
Sacramento, CA 95814
California Commission on Disability Access
The response below assumes that no complaint has been served on the tenant or owner regarding construction related accessibility claim.
- QUESTION: The code requires that a commercial property owner/lessor state in the lease whether a CASp inspection has been done. If a CASp inspection has not been done and the owner/lessor states so in the lease, has the owner/lessor fully complied with its obligations under Section 1938? Are there any penalties or fines or other consequences to the owner/lessor of not having the CASp inspection done?
RESPONSE: Civil Code Section 1938 states: A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013 whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable standards pursuant to Section 55.53.
The property owner/lessor is not required to obtain a CASp inspection, only to state the required information about whether or not the property has been inspected, and, if it was inspected, whether or not the property has or has not been determined to meet applicable standards on the lease or rental agreement.
The California Commission on Disability Access, ( Commission) is pleased to provide its report on the Genesis, Evolution and Challenges of the California Commission on Disability Access since its founding in 2009. In establishing the Commission, the Legislature and the Governor have created a singular opportunity to enhance accessibility for persons with disability to public accommodation by engaging in a positive dialogue between the disabled and business communities.
The preparation of this report includes the review of publicly posted agenda and minutes of the entire Commission and five standing committees. In addition, current and past Commissioners were asked to review the draft report for accuracy as well as to provide comments related to recollection or perception of Commission discussion and accomplishments. This report contains descriptions of the work of the Commission, outlining results/success and shortcomings.
The implementation of Senate Bill 1608, with regard to the formation of the Commission has been challenging and has grown tremendously through the trials of establishing a new independent agency from the ground up. Furthermore, the Commission eagerly anticipates all of the new opportunities provided in SB1186.
The Commission recognizes the significant contribution of the California Building Standards Commission Executive Director, James McGowan and his staff, CCDA Commissioners Rocky A. Burks, Betty Wilson, Scott Hauge, and former CCDA Commissioner James Abrams in the development of this report.
- Report to the California State Legislature in Compliance with Senate Bill 1186, April 15 2013 (PDF) (WORD)