Purpose and Scope of Statute for "Certified Access Specialist" or "CASp"

In chapter 549 of the 2008 Statutes (Sen. Bill No. 1608 (2007-2008 Reg. Sess.), the Legislature enacted several provisions:

1. a requirement that any attorney serving a complaint or sending a demand for money for a "construction-related accessibility claim" must include a notice informing the recipient, among other things, that he or she is not required to pay any money until found liable by a court and may have a right to have the action stayed pending an early evaluation conference (Sec. 55.3);
2. procedures for voluntary inspection of a property by a "certified access specialist" or "CASp" (Sec, 55.53);
3. procedures for staying actions raising construction-related accessibility claims for 90 days (extendable to 180 days), if the property has been inspected by a CASp, for the plaintiff to provide details of his or her claims, damages, and attorney fees incurred, and for the court to hold an early evaluation conference during the stay period in order to evaluate the site's current condition and progress toward correcting any alleged violations, settlement possibilities, and sharing of further information between the parties (§ 55.54); and
4. provisions for the court to consider written settlement offers made and rejected when determining the amount of reasonable attorney fees on a construction-related accessibility claim (§ 55.55).

(Munson v. Del Taco (2009) 46 Cal.4th 661, 677.)

2017 Amendment Concerning Commercial Property Owners or Lessors AB 2093

Requires the commercial property owner or lessor to state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the premises have been inspected by a CASp specialist. The bill [requires] a commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, as specified, if the premises have been issued an inspection report indicating that they meet applicable standards. If the premises have not been issued a disability access inspection certificate, the bill would require a statement on the lease form or rental agreement stating that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises and that the parties must mutually agree on the arrangements for the time and manner of the inspection, the payment of the associated fee, and the cost of making repairs, as specified.

Requires a property owner or lessor of premises that have been subject to CASp inspection, and that remain unmodified or altered, as specified, since the date of the inspection and the lease or rental agreement with regard to construction-related accessibility standards, to provide a copy of the report that is to remain confidential except as necessary to make repairs and corrections, as specified.

Establishes a presumption that making repairs or modifications necessary to correct violations of construction-related accessibility standards that are noted in a CASp report is the responsibility of the commercial property owner or lessor unless otherwise agreed upon by the parties to the lease or rental agreement. The bill [grants] a prospective lessee or tenant the opportunity to review any CASp report prior to execution of the lease or rental agreement, and if the report is not provided at least 48 hours prior to execution of a lease or rental agreement, the bill would grant a prospective lessee or tenant the right to rescind the lease or agreement, based upon information in the report, for 72 hours after execution.

(Legislative Council Digest Assembly Bill No. 2093, An act to amend Section 1938 of the Civil Code, relating to disability access, and declaring the urgency thereof...)