BILL NUMBER: AB 2093	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 15, 2016
	PASSED THE ASSEMBLY  AUGUST 22, 2016
	AMENDED IN SENATE  MAY 25, 2016
	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Member Steinorth
   (Coauthor: Senator Roth)

                        FEBRUARY 17, 2016

   An act to amend Section 1938 of the Civil Code, relating to
disability access, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2093, Steinorth. Disability access.
   Existing law requires the State Architect to establish and
publicize a program for the voluntary certification by the state of
any person who meets specified criteria as a Certified Access
Specialist (CASp)..
   Existing law requires a commercial property owner or lessor to
state on every lease form or rental agreement executed on or after
July 1, 2013, whether the property has been determined by a CASp to
meet all applicable construction-related accessibility standards.
   This bill would require 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 would require 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.
    The bill would require 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.
    The bill would establish 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 would grant 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1938 of the Civil Code is amended to read:
   1938.  (a) A commercial property owner or lessor shall state on
every lease form or rental agreement executed on or after January 1,
2017, whether or not the subject premises have undergone inspection
by a Certified Access Specialist (CASp).
   (b) If the subject premises have undergone inspection by a CASp
and, to the best of the commercial property owner's or lessor's
knowledge, there have been no modifications or alterations completed
or commenced between the date of the inspection and the date of the
lease or rental agreement which have impacted the subject premises'
compliance with construction-related accessibility standards, the
commercial property owner or lessor shall provide, prior to execution
of the lease or rental agreement, a copy of any report prepared by
the CASp with an agreement from the prospective lessee or tenant that
information in the report shall remain confidential, except as
necessary for the tenant to complete repairs and corrections of
violations of construction-related accessibility standards that the
lessee or tenant agrees to make.
   (c) Making any repairs or modifications necessary to correct
violations of construction-related accessibility standards that are
noted in a CASp report is presumed to be the responsibility of the
commercial property owner or lessor, unless otherwise mutually agreed
upon by the commercial property owner or lessor and the lessee or
tenant. The prospective lessee or tenant shall have the opportunity
to review any CASp report prior to execution of the lease or rental
agreement. If the report is not provided to the prospective lessee or
tenant at least 48 hours prior to execution of the lease or rental
agreement, the prospective lessee or tenant shall have the right to
rescind the lease or rental agreement, based upon the information
contained in the report, for 72 hours after execution of the
agreement.
   (d) If the subject premises have been issued an inspection report
by a CASp, as described in paragraph (1) of subdivision (a) of
Section 55.53, indicating that it meets applicable standards, as
defined in paragraph (4) of subdivision (a) of Section 55.52, the
commercial property owner or lessor shall provide a copy of the
current disability access inspection certificate and any inspection
report to the lessee or tenant not already provided pursuant to
subdivision (b) within seven days of the date of the execution of the
lease form or rental agreement.
   (e) If the subject premises have not been issued a disability
access inspection certificate, as described in subdivision (e) of
Section 55.53, the commercial property owner or lessor shall state
the following on the lease form or rental agreement:

   "A Certified Access Specialist (CASp) can inspect the subject
premises and determine whether the subject premises comply with all
of the applicable construction-related accessibility standards under
state law. Although state law does not require a CASp inspection of
the subject premises, the commercial property owner or lessor may not
prohibit the lessee or tenant from obtaining a CASp inspection of
the subject premises for the occupancy or potential occupancy of the
lessee or tenant, if requested by the lessee or tenant. The parties
shall mutually agree on the arrangements for the time and manner of
the CASp inspection, the payment of the fee for the CASp inspection,
and the cost of making any repairs necessary to correct violations of
construction-related accessibility standards within the premises."
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to increase compliance with accessibility standards for
the benefit of the public, especially disabled consumers who may
experience unjust discomfort, difficulty, or embarrassment when
public places or businesses are not compliant with accessibility
standards required by law and to improve the ability of businesses to
correct accessibility violations, provide clarity to property owners
and tenants regarding responsibility for correcting accessibility
violations and increase awareness of state programs to inspect
properties for accessibility violations, it is necessary that this
act go into effect immediately.