Frequently Asked Questions
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Q: What is California's Disability Access Law Reform and how does it help small businesses?
A: The 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?
A: 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.