The world of accessibility laws is complex with new laws being passed regularly. Recently we’ve been getting questions about a new California law, Assembly Bill (AB) 2093 disability access, which was signed into law in September 2016 and is effective for commercial property leases or rental agreements executed on or after January 1, 2017.
The goal of AB 2093 is to encourage the disclosure of any accessibility concerns between landlord and tenant during lease negotiations and to provide a framework for those concerns to be addressed. California and other states have seen a large and growing number of accessibility lawsuits related to the design and construction of public accommodations. Many of these lawsuits are from plaintiffs going after California’s $4,000 per-violation reward.
California’s AB 2093 Explained
AB 2093 amends an existing disability access law (SB 1186) which requires a landlord to state on every lease form or rental agreement executed on or after July 1, 2013, whether or not the property has been determined by a CASp to meet all applicable construction-related accessibility standards. A CASp is a Certified Access Specialist – more on that below. In addition to the statement on the lease form, AB 2093 now requires additional disclosure and language as follows:
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