California Assembly Bill 2093, signed by Governor Jerry Brown on September 16, 2016, went into effect on January 1, 2017. AB 2093 amended California Civil Code Section 1938 and expanded landlord disclosure requirements under commercial leases in California.
Prior to the amendment, Section 1938 required landlords to disclose on every commercial lease whether the property had been determined to meet all applicable construction-related accessibility standards by a Certified Access Specialist (“CASp”).
As of January 1, 2017, the Section 1938 CASp disclosure requirement remains in effect, and landlords are also now required to:
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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.
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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.
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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.
AB 2093 also presumes that 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.
In light of these changes to Section 1938, landlords should review and revise current lease forms to ensure they (1) comply with the new requirements specified in AB 2093, and (2) specify which party is responsible for any repairs or modifications necessary in the event 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 AB 2093.
