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.