California Civil Code Section 1938 goes into effect July 1, 2013, requiring commercial real estate leases executed on or after July 1, 2013 to disclose whether the property was inspected by a Certified Access Specialist, and if so, whether the property meets all applicable accessibility requirements.
Section 1938 states the following:
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.
The stated purpose of the law is to provide California landlords, tenants and business owners with added protection against predatory lawsuits based on alleged violations of construction-related disability access laws.
The law does not state any specific penalties for failing to include the required accessibility disclosures. Nonetheless, failing to comply may give a tenant grounds for a claim or cross-claim based on the landlord’s failure to comply with applicable disability access laws.
The best course of action for commercial landlords is to consult with an experience real estate transactional lawyer to review your standard lease and draft appropriate language to comply with Section 1938.
Commercial property owners who need assistance should contact the experienced business attorneys at Glass & Goldberg. Glass & Goldberg provides high quality and cost-effective legal services and advice for clients in all aspects of business litigation and transactional law. Call us at (818) 888-2220, email us at firstname.lastname@example.org or visit us at www.glassgoldberg.com to learn more about our firm and sign up for future newsletters.