In a GlobeSt.com article, partner Jonathon Giebeler discusses the state bill AB2093, which became law in September and requires new disclosures in all California commercial leases regarding disability access requirements.
In addition to requiring new disclosures, AB2093 also gives tenants the right to independently obtain a CASp inspection and creates a presumption that, unless a lease provides otherwise, landlords are responsible for correcting any violations of disability access requirements. If a property has been inspected by a CASp and a tenant is not given a copy of the inspection report at least 48 hours before it signs the lease, the new law also gives the tenant the right to rescind the lease.
In June, Giebeler was featured in a GlobeSt.com Q&A summarizing another bill, SB269, which among other things requires public disclosure of properties that have been inspected by a CASp and gives an owner or responsible tenant 120 days to correct any violations.
Landlords will need to ensure that all leases make the required disclosures and that any existing CASp report is delivered to tenants. Landlords should also ensure that every lease allocates the responsibility for correcting violations of disability access requirements. As with other material points, landlords should consider addressing CASp inspections and the responsibility for correcting violations of disability access requirements in their letters of intent.
For specific questions concerning how these disability bills effect California landlords, you may reach Jonathon Giebeler at (619) 239-3444.