As if commercial property lessors did not have enough to worry about when it comes to compliance with the Americans with Disabilities Act (ADA), newly approved Assembly Bill 2093(AB 2093) will change the ADA reporting requirements for commercial leases. Prior to January 1, 2017, California Civil Code 1938 required that commercial property owners or lessors must indicate in their leases if the leased premises were inspected by a Certified Access Specialist (CASp) inspector and if such property has or has not met all of the applicable ADA construction-related accessibility guidelines for places of public accommodation.
AB 2093 amends California Civil Code 1938 to require that a commercial property owner or lessor must report on every lease whether or not the premises have been inspected by a CASp inspector and to provide the actual current inspection certificate to the lessee prior to executing the lease, if one has been done. Failure to produce the inspection report at least 48 hours prior to the lease execution allows the lessee to rescind the lease up to 72 hours after execution if the lessee does not want to continue with the lease based upon the findings in the report.
If there has not been an inspection, the lease is required to indicate, in verbiage set forth in AB 2093, that the lessee may request an inspection. The property owner or lessor cannot refuse such a request. Additionally, the parties must agree on the time and manner of the inspection and who will pay for the inspection and any subsequent repairs. AB 2093 further makes the presumption that the repairs would be at the expense of the property owner or lessor unless otherwise agreed upon by the parties.
If you are a commercial property owner or lessor and would like assistance in navigating these new ADA requirements, please do not hesitate to contact our attorneys here at TLD Law.