Landlord-Tenant Requirements Senate Bill 1186Disclosing Disability Access Inspection for Commercial Properties A commercial property owner or landlord must state on every lease or rental agreement executed on or after July 1, 2013 whether the leased premises has been inspected by a Certified Access Specialist (CASp), and whether the property has or has not been determined to meet all applicable construction-related accessibility standards for the disabled as specified. (codified as Cal. Civil Code § 1938) (law came into effect September 19, 2012).
To curb frivolous accessibility lawsuits, an attorney cannot, starting January 1, 2013, issue a pre-litigation demand for money to a building owner or tenant for violating construction-related accessibility standards for the disabled. Any non-monetary demand letter for construction-related accessibility must also meet certain requirements, such as provide sufficient detail of the alleged violations, and dates that the potential plaintiff encountered the access barrier or deterrence. The demand letter must also include a standard form written advisory to be prepared by the Judicial Council by July 1, 2013. The damages that can generally be assessed against a business that comes into compliance within 60 days after service of a complaint as verified by a Certified Access Specialist (CASp) (or meets certain local building standards) has been reduced from $4,000 to $1,000 per violation. Other protections pertain to small businesses with 25 or fewer employees. A $1 fee will be added to local business license application fees and renewals from January 1, 2013 to December 31, 2018, for the purpose of increasing disability access and education. (codified as Cal. Civil Code § 55.3 et seq.) (effective September 19, 2012).
Please download the Guide to Disabled Accessibility Compliance
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