A new California law now requires that certain accessibility investigation be disclosed by landlords. The disclosure requirements apply to every commercial lease executed after January 1, 2017.

The leases must disclose whether the property has been inspected by a Certified Access Specialist (CASp) and, if so, must state whether it has been determined that the property meets the applicable accessibility standards. The law requires that the landlord provide prospective tenants with a copy of the CASp inspection report, if one has been prepared.

If there has been a CASp inspection but, to the best of the property owner or landlord’s knowledge, there have been no modifications or alterations completed or commenced before the date of the lease, the landlord must still provide to prospective tenants a copy of the CASp inspection report. The prospective tenants, must agree that the information in the report shall remain confidential. If the report is not provided at least 48 hours prior to the execution of the lease, the prospective tenant has 72 hours to rescind the lease based on information in the report.

If there are violations of construction related accessibility standards identified in the CASp report, repairs and/or modifications to correct those violations are the responsibility of the owner/landlord, absent a contrary agreement between the owner/landlord and tenant.

If the report shows that the property meets all construction-related accessibility standards, the owner/landlord must provide a copy of the current disability access inspection certificate and any other inspection reports not already provided to the tenant within seven days of the lease execution date.

If the space to be leased has not received a disability access inspection certificate, due to no CASp inspection or because repairs/modifications are still necessary, the lease must contain specific statutory notice to the tenant.

Please be aware that there are plaintiffs’ lawyers whose sole business is accessibility claims. If you are a commercial landlord it is imperative that you comply with this new statute to avoid problems that could land you in Federal or State Court well after you have a signed lease. Contact your attorney well before you lease commercial space to make sure you get this new requirement right.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.