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California Lease Drafting Requirement for Certified Access Specialists

The California legislature recently passed another lease language requirement for all commercial property in the State of California. Starting July 1, 2013, all commercial leases (no matter what size space being rented) must indicate in the lease whether or not the property has been inspected by a Certified Access Specialist (CASp). This requirement is related  to California’s Construction-Related Accessibility Standards Compliance Act enacted a few years ago, and there is no specific penalty attached to the new statute for failure to make the disclosure.  But you can be sure plaintiff’s counsel will be asking to see the required lease disclosure language during any type of ADA lawsuit.

If you choose not to have your commercial property inspected by a CASp, it is highly recommended you include in the new lease disclosure that the absence of such a inspection cannot be used against you to show lack of intent to comply with California’s Construction-Related Accessibility Standards Compliance Act.

Full text of the new legislation:

1938. 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 construction-related accessibility standards pursuant to Section 55.53.

If you have any questions regarding this new lease drafting requirement in California, please contact attorney Adam Zuwerink at 231.457.4235 or adam@westmichiganlaw.com