By Jon K. Ladd

Owners of non-residential commercial rental properties in California must disclose on every commercial lease whether the property has been determined to meet all applicable construction-related accessibility standards by a Certified Access Specialist (“CASp”) and must:

1. Provide a Copy of CASp Inspection Reports.  If the property has been inspected by a CASp, landlords must provide a copy of the report prepared by the CASp to a prospective tenant at least 48 hours prior to execution of the lease. If a landlord fails to provide the report, the tenant has the right to rescind the lease, based upon information contained in the CASp report, for up to 72 hours after execution of the lease.
2. Provide a Copy of Disability Access Inspection Certificate.  If the CASp inspection report indicates that the property meets the applicable accessibility standards, landlords are required to provide a copy of the current disability access inspection certificate and any inspection report (not already provided as required above) to the tenant within 7 days of the execution of the lease.
3. Include Specific Language in Leases Regarding CASp Inspections.  If the property has not been inspected or has not been issued a disability access inspection certificate, landlords must include specific language in the lease disclosing tenant’s rights with regard to the performance of a CASp inspection.

There is a presumption any repairs or modifications necessary to correct violations of construction-related accessibility standards (as noted in a CASp inspection report) are the responsibility of the landlord, unless otherwise mutually agreed between landlord and tenant.

Ewe recommend landlords review and revise current lease forms to ensure they (1) comply with the new requirements regarding CASp requirements, and (2) specify which party is responsible for any repairs or modifications necessary if the property is found to be in violation of accessibility standards. If a CASp inspection has been completed, landlords should ensure that the report and any disability access inspection certificates are provided to tenants within the time periods proscribed by California law.

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