CA Modifies Commercial Lease Disclosures Concerning Disability Access Laws

By: Michael Polentz
California's legislature previously passed an update to Civil Code Section 1938 which, effective as of July 1, 2013, required all commercial property leases to disclose whether or not a commercial premises has undergone an inspection by a Certified Access Specialist (CASp), and if so, whether the premises has been determined to meet all applicable construction-related accessibility standards under California law.
Following the amendment to Section 1938, compliance with the amendment was achieved by plugging boilerplate disclosure language into leasing agreements. Notwithstanding such practices, the anecdotal experience seemingly suggested that further steps needed to be taken to bolster the amount of formation prospective tenants of commercial properties are provided concerning a premises' compliance or non-compliance, as the case may be, with such standards.

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pursuant to New York DR 2-101(f)

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