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Commercial Landlord Disclosures of Inspection by CASp

A commercial property landlord must state on every rental agreement, signed on or after July 1, 2013, whether the property being rented has been inspected by a Certified Access Specialist (CASp) and, if so, whether the property has been determined to meet all applicable construction-related accessibility standards under the law. Civil Code § 1938. The law doesn't require a landlord to hire a CASp. And an election not to hire a CASp is not admissible to prove that person's lack of intent to comply with the law. If a CASp determines that the site meets all applicable construction-related accessibility standards, the CASp must provide a written inspection report to the requesting party that includes (A) an identification and description of the inspected structures and area of the site, and (B) a statement that, in the opinion of the CASp, the structures and areas meet CASp construction-related accessibility standards, including an assessment of readily achievable barrier removal. If corrections were made as a result of the inspection, the landlord must provide an itemized list of all corrections and dates of completion. This new disclosure requirement only applies to property that is a place of public accommodation. For a referral to a qualified CASp, call Fried & Williams LLP.

© 2017 by Fried & Williams LLP. All Rights Reserved. The information contained in this article is general in nature. For advice on any particular matter, please consult with our attorneys because the facts of your situation may be unique and the law changes from time to time.


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