Commercial Brokers Association

Jan 2017 – CASp Disclosure Requirement

Landlord/Tenant Commercial Leasing Disclosures requiement; CASp Report

Effective in part 9/17/16*

This law requires a lessor to state on a commercial lease whether

or not the property has been inspected by a Certified Access

Specialist (CASp). Additionally, if the property has been issued an

inspection report by a CASp, indicating that it meets applicable

standards, the commercial property owner or lessor shall provide a

copy. If no report has been issued, then a specific disclosure

statement would be required. Prior to signing the lease, the

prospective lessee has the right to review an inspection report

issued by a CASp, if one exists, and may cancel lease within 72

hours after signing based on the report. This law goes into effect

immediately as of 9/16/2016, with one exception.

Existing law requires a commercial property lessor to state on every

lease form or rental agreement executed on or after July 1, 2013,

whether the property has been determined by a CASp to meet all

applicable construction-related accessibility standards. This new law will

require a statement as to whether or not the property has been inspected

by a CASp specialist for leases executed on or after January 1, 2017.

*This law is an urgency statute and goes into effect immediately.

Interpreting this law conservatively, all of the requirements described

below went into effect immediately, the day after signature by the

Governor, on September 17, 2016.

If the subject premises have been issued an inspection report by a

CASp, indicating that it meets applicable standards, the commercial

property owner or lessor shall provide a copy of the current disability

access inspection certificate and any inspection report to the lessee or

tenant within seven days of execution of the lease.

If the premises have not been issued a disability access inspection

certificate, then this law requires a statement on the lease form or rental

agreement as follows:

“A Certified Access Specialist (CASp) can inspect the subject

premises and determine whether the subject premises comply

with all of the applicable construction-related accessibility

standards under state law. Although state law does not require a

CASp inspection of the subject premises, the commercial property

owner or lessor may not prohibit the lessee or tenant from

obtaining a CASp inspection of the subject premises for the

occupancy or potential occupancy of the lessee or tenant, if

requested by the lessee or tenant. The parties shall mutually

agree on the arrangements for the time and manner of the CASp

inspection, the payment of the fee for the CASp inspection, and

the cost of making any repairs necessary to correct violations of

construction-related accessibility standards within the premises.”

This law also establishes a presumption that making repairs or

modifications necessary to correct violations of construction-related

accessibility standards that are noted in a CASp report is the

responsibility of the commercial property lessor unless otherwise agreed

upon by the parties to the lease.

It grants a prospective lessee the opportunity to review any CASp report

prior to execution of the lease, and if the report is not provided at least 48

hours prior to execution of a lease or rental agreement, the prospective

lessee has the right to rescind the lease or agreement, based upon

information in the report, for 72 hours after execution.

AB 2093 codified as Civil Code §1938. This law went into effect

immediately on 9/17/2016 with the exception of the requirement of

indicating whether the property has been inspected by a CASp specialist

for leases executed on or after January 1, 2017.

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