In September, Gov. Brown signed into immediate effect a new law affecting construction-related ADA. Assembly Bill 2093, this years second disability access reform law, aims to encourage landlords and tenants to address any accessibility issues during a lease negotiation. AB 2093 is a step further than 2012's Senate Bill 1186 which only requires a lease to state if a building has been inspected by a Certified Access Specialist. With the signing of AB 2093, a landlord must now supply the CASp report to the potential tenant 48 hours prior to the execution of the lease. Any necessary repairs are deemed the responsibility of the landlord unless contractually agreed upon otherwise. If the CASp report concludes the building meets applicable standards, the report and certificate must be given to the new tenant within seven days of the execution of the new lease.
If the property has not been CASp-inspected, the owner must include specific language in the lease or rental agreement notifying the prospective tenant that: (a) a CASp can inspect the property and determine whether the property complies with construction-related accessibility standards; (b) a CASp inspection is not required by law; (c) the owner may not prohibit the tenant from obtaining a CASp inspection of the property; and (d) the owner and tenant shall mutually agree on the terms of the CASp inspection, including time, payment of fees, and allocation of responsibility for making any required corrections to accessibility violations identified in the CASp report.
AB 2093 is intended to raise the issue of the existence of possible violations of the ADA and California accessibility laws during the course of commercial property lease negotiations to encourage business owners to make any necessary repairs in a proactive manner, rather than making repairs as a reaction to a future ADA lawsuit from a plaintiff seeking the $4,000 per violation bounty offered by California’s disability access laws.
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