Contractor License Number 974513
Copyright 2013 Apollo Construction Services Inc.
Starting July 1, 2013, you will be legally required to make the following
additional disclosures in certain California real estate contracts and leases:
Accessibility Compliance Disclosure:
California Civil Code §1938 (Verification of Inspections by CASp) codified SB 1186. It was enacted on September 19, 2012, and specifically states that "[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."
In light of this new law, all form leases for properties in California should specifically state whether or not the property has been inspected by a CASp certified individual, and whether all the recommendations of such individual were addressed. It appears that the underlying goal for this new legal requirement (along with the related accessibility laws that provide benefits to proactive landlords by reducing the fixed fees applicable to a violation) is to reduce ADA issues and related claims by encouraging owners to have their commercial properties inspected by certified individuals and to actually perform the work suggested in that inspection. Of course, there are risks and rewards that should be considered with regard to an inspection, so be sure to consult with a knowledgeable lawyer before taking on such a task.
Courtesy:
Xavier L. Gutierrez, Senior Counsel Miller Starr Regalia
Email: xavier.gutierrez@msrlegal.com
Accessibility Compliance Disclosure:
California Civil Code §1938 (Verification of Inspections by CASp) codified SB 1186. It was enacted on September 19, 2012, and specifically states that "[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."
In light of this new law, all form leases for properties in California should specifically state whether or not the property has been inspected by a CASp certified individual, and whether all the recommendations of such individual were addressed. It appears that the underlying goal for this new legal requirement (along with the related accessibility laws that provide benefits to proactive landlords by reducing the fixed fees applicable to a violation) is to reduce ADA issues and related claims by encouraging owners to have their commercial properties inspected by certified individuals and to actually perform the work suggested in that inspection. Of course, there are risks and rewards that should be considered with regard to an inspection, so be sure to consult with a knowledgeable lawyer before taking on such a task.
Courtesy:
Xavier L. Gutierrez, Senior Counsel Miller Starr Regalia
Email: xavier.gutierrez@msrlegal.com
LOS ANGELES (KABC) -- Litigation to make a living is a
growing profession of sorts. Eyewitness News has been
investigating lawsuits based on alleged violations of the
Americans with Disabilities Act, meant to protect the disabled.
But critics say the lawsuits filed by professional plaintiffs are
more about greed than helping the disabled.
David Ono
KABC Los Angeles
KABC Los Angeles
CLOVIS, Calif. (KFSN) -- Dozens of local businesses are looking
for help after getting hit with expensive lawsuits accusing
them of violating the Americans With Disabilities Act (A.D.A.).
Christine Park
KFSN ABC 30 Fresno
KFSN ABC 30 Fresno
A Division of Apollo Construction Services Inc.
ADA Compliance ADA issues ADA construction ADA lawsuits ADA lawsuit prevention ADA American's with Disabilities Act
Another local victim of ADA lawsuit
Although Doughnuts To Go owner Lee Ky has been confined to a wheelchair all her life, her Reedley business was recently sued for for not being compliant with the Americans with Disabilities Act (ADA). READ MORE
Although Doughnuts To Go owner Lee Ky has been confined to a wheelchair all her life, her Reedley business was recently sued for for not being compliant with the Americans with Disabilities Act (ADA). READ MORE