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.

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