Frequently Asked Questions

 

THANK YOU FOR YOUR PATIENCE.  WE ARE CURRENTLY COMPILING A LIST OF FAQ'S.

Q:  I am a small business owner with questions regarding the Department of Justice's revised regulations regarding the Americans with Disabilities Act (ADA) and standards for accessible design.  Where can I find accurate information regarding these new regulations and how they apply to me? 

AThe U.S. Department of Justice has created a booklet for small businesses to help them understand how ADA applies to them.  Please click here to be linked directly to the booklet.


Q:  I feel that an attorney has acted unethically.  Where do I file a complaint?

AYou may file a complaint with the State Bar of California by visiting http://www.calbar.ca.gov/ or by phoning at 800-843-9053.


Q:  How can I find out if an attorney has filed a copy of a demand letter and/or complaint with CCDA as required by SB 1186?

AContact CCDA via email or telephone and provide us with the attorney’s name, the month/day/year of the demand letter/complaint, and preferably the name of the plaintiff and defendant as well.  We may be able to provide you with an answer without all of the information listed above on a case-by-case basis.  Larger or more complicated inquiries will require a greater turn-around time.


Q:  How does the California Commission on Disability Access (CCDA) enforce ADA law within affordable housing dwelling units?

ACCDA does not maintain the authority to enforce ADA law.  ADA concerns regarding affordable housing dwelling units should be direct to the California Department of Housing and Community Development and/or the the California Department of Community Services and Development, and/or your local jurisdiction.


Q:  What is California's Disability Access Law Reform and how does it help small businesses? 

AThe reform legislation, SB 1608 (Corbett; D-San Leandro, Chapter 549, Statutes of 2008), is designed to promote and increase compliance with laws providing equal public access in places of business to individuals with disabilities, while reducing unwarranted litigation that does not advance that goal.  Please click here for further details.


(The scenario below assumes that no complaint has been served on the tenant/owner regarding a construction related accessibility claim.)

Q: The code requires that a commercial property owner/lessor state in the lease whether or not a CASp inspection has taken place. If a CASp inspection has not taken place and the owner/lessor states such in the lease, has the owner/lessor fully complied with its obligations under Section 1938? Are there any penalties, fines, or consequences to the owner/lessor for not having the CASp inspection done? 

ACivil 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.