Commercial Real Estate landlords are currently required to disclose in their lease whether the property to be leased has been inspected 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.
With the passage of new laws slated for 2017, additional disclosures are now required. It is important to note, however, that the changes in the law do not require a CASp inspection, just updates to the disclosures.
If the premises has not undergone a CASp inspection, then any lease for the premises must include an expanded disclosure language required by California Civil Code Section 1938. If the premises have undergone such an inspection, the requirements of the landlord depend upon the conclusions of the CASp report.
It is important to work with qualified legal counsel to understand when and why to obtain a CASp, and the disclosures required after obtaining such a report.
Ariel Bedell is a Shareholder at The Loftin Firm. For questions relating to any other California real estate, corporate governance, land use, or estate planning matter, contact Ms. Bedell at (760) 814-9649.