Commercial property owners should be aware that Governor Jerry Brown has signed AB 2093 into law. AB 2093 creates a statute, codified at Civil Code section 1938, which requires owners of commercial property to inform prospective tenants (1) whether the property has undergone an ADA compliance inspection by a certified specialist – known as a CASp — and (2) if so, the results of that inspection. The owner also must supply copies of any inspection reports. The statute provides a presumption that any ADA violation must be remedied by the owner, unless provided to the contrary in the lease. The bill was signed by Governor Brown on September 16 and took effect immediately, though it only applies to leases executed after January 1, 2017.
The bill is obviously designed to encourage owners to undertake such inspections and resolve any issues found, since by doing so, the premises will be much more marketable. Put another way, a tenant which executes a lease for property that has not been inspected and remedied will be at risk of an ADA lawsuit as soon as the tenant opens for business to the public.
“Many businesses are simply unaware of ADA violations on their property, and are unexpectedly served with lawsuits which could put them out of business,” said Assemblyman Marc Steinorth (the sponsor of the Bill) in a press release. “This doesn’t help customers, businesses, or our community. AB 2093 will educate business owners regarding voluntary access inspections, so that they may proactively avoid this situation and make their property accessible for all.”
In anticipation of this statute, the present AIR lease forms already include a section in which the landlord must make the required disclosure. This is yet another reason to always utilize the most up-to-date version of AIR forms.
The full text of the statute is set forth here: http://www.leginfo.ca.gov/pub/