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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.


Xavier L. Gutierrez, Senior Counsel Miller Starr Regalia

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
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
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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