BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2093


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          Date of Hearing:  March 29, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 2093  
          (Steinorth) - As Introduced February 17, 2016


          SUBJECT:  DISABILITY ACCESS


          KEY ISSUES:


          1)SHOULD COMMERCIAL LANDLORDS BE REQUIRED TO PROVIDE CERTAIN  
            INFORMATION AND DOCUMENTS TO PROSPECTIVE TENANTS, PRIOR TO  
            EXECUTION OF A LEASE OR RENTAL AGREEMENT, ADDRESSING THE  
            COMPLIANCE OF THE PROPERTY WITH CONSTRUCTION-RELATED  
            ACCESSIBILITY STANDARDS?


          2)SHOULD STATE LAW CREATE A PRESUMPTION THAT THE RESPONSIBILITY  
            FOR MAKING REPAIRS OR MODIFICATIONS TO COMMERCIAL PROPERTY  
            THAT ARE NECESSARY TO CORRECT VIOLATIONS OF  
            CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS THAT ARE NOTED IN  
            A REPORT BY A CONSTRUCTION ACCESS SPECIALIST (CASp) ABOUT THE  
            PROPERTY ARE THE RESPONSIBILITY OF THE COMMERCIAL PROPERTY  
            OWNER OR LESSOR, UNLESS A DIFFERENT AGREEMENT IS MUTUALLY  
            AGREED UPON BY THE OWNER OR LESSOR AND THE TENANT? 


          3)SHOULD THE STATE ARCHITECT AND THE COMMISSION ON DISABILITY  
            ACCESS PROVIDE ADDITIONAL INFORMATION TO THE PUBLIC ABOUT HOW  
            TO LOCATE A CASp WHO PROVIDES SERVICES IN A SPECIFIC  








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            GEOGRAPHIC AREA?


                                      SYNOPSIS


          This bill deals with a difficult issue that has become quite  
          controversial in recent years: the compliance of places of  
          public accommodation (e.g., many places of lodging,  
          entertainment, recreation, restaurants, bars, theaters, stores,  
          health clubs, etc.) with the twenty-five year old federal  
          Americans with Disabilities Act (ADA), which prohibits such  
          accommodations from discriminating on the basis of disability if  
          their operations affect interstate commerce.  Unlike many prior  
          measures that have sought to reduce the rights of the disabled  
          to enforce their civil rights, however, this bill sensibly  
          attempts to facilitate compliance by public accommodations with  
          the law.  Existing law requires owners or lessors of a  
          commercial property to notify a prospective tenant whether the  
          property has been inspected by a Certified Access Specialist  
          (CASp) and whether the property has been determined to meet all  
          applicable construction-related accessibility standards.   
          Current law does not require that the report be provided to the  
          prospective tenant, however.  Nor does current law include any  
          guidance for commercial property owners, lessors, or prospective  
          tenants who should be responsible for the repairs which are  
          necessary to bring the property into compliance with the law.   
          These issues are crucial because both owners and tenants are  
          potentially liable for violations of construction-related  
          accessibility standards, depending on where those substandard  
          conditions are located and who created the condition.   
          Therefore, both commercial landlords and tenants have an  
          incentive to make sure the property is brought into compliance  
          and to ensure that information is shared.  In order to  
          facilitate bringing properties into compliance, the State  
          Architect includes on his or her website information about the  
          CASp program, including the names and contact information for  
          individual CASps.  The State Architect's website does not  
          include information about where those CASps offer their  








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          services, however.  


          This bill enacts a number of measures that are intended to  
          provide additional information to the public and prospective  
          tenants of commercial property and ultimately to promote  
          compliance with disability access laws.  Specifically, this bill  
          would require owners and lessors of commercial property to do  
          the following: 1) State on every lease form or rental agreement  
          executed after January 1, 2017, whether or not the property  
          being leased has undergone inspection by a CASp; and 2) Provide  
          additional information to the tenant or lessor about the  
          condition of the rented or leased property, specifically the  
          following, depending on whether the property has been inspected  
          by a CASp, been certified to comply with current law, and been  
          altered since the inspection: (a) If the property has undergone  
          an inspection (and to the best of the commercial property  
          owner'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 property's compliance), the commercial  
          property owner shall provide a copy of any report prepared by  
          the CASp to the lessee or tenant; (b) If the property has been  
          issued a current disability access inspection certificate, the  
          commercial property owner shall provide a copy of the  
          certificate or any inspection report to the lessee or tenant  
          within seven days of the date of the execution of the lease form  
          or rental agreement; (c) If the property has not undergone an  
          inspection or been issued a current disability access inspection  
          certificate, the commercial property owner shall state on the  
          lease form or rental agreement that the property may not  
          necessarily meet all of the applicable construction-related  
          accessibility standards under state law.  The bill also requires  
          the State Architect to list CASps according to the areas in the  
          state where they offer their services and requires the CCDA to  
          post a link to that information (on the State Architect's  
          website) on its own website. 










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          This author-sponsored bill is supported by a number of business  
          and commercial property owner groups, as well as the Consumer  
          Attorneys of California.  Disability Rights California supports  
          the bill, but has concerns with the bill, as currently in print.  
           In response to those concerns, the Committee has proposed a  
          number of amendments to the author.  These amendments would also  
          do the following in order to promote fairness and ensure that  
          parties are informed about not only the condition of the  
          property, but also their responsibilities: 1) Create a  
          presumption that the responsibility for making any 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 mutually agreed upon by the  
          commercial property owner or lessor and the lessee or tenant;  
          and 2) Require that the prospective lessee or tenant shall have  
          the opportunity to review any CASp report prior to execution of  
          the lease or rental agreement and would specify that 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 would 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.  It is unknown at the time of the  
          writing of this analysis, whether the author will accept the  
          Committee's amendments.  This bill has no known opposition.  


          SUMMARY:  Increases the information available to the public, and  
          to prospective tenants of commercial property, about the ADA and  
          compliance with construction-related accessibility standards.   
          Specifically, this bill:  


          1)Requires a commercial property owner to state on every lease  
            form or rental agreement executed after January 1, 2017,  
            whether or not the property being leased has undergone  
            inspection by a CASp.









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          2)Requires a commercial property owner to provide additional  
            information to the tenant or lessor about the condition of the  
            rented or leased property.


             a)   If the property has undergone an inspection (and to the  
               best of the commercial property owner'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  
               property's compliance), the commercial property owner shall  
               provide a copy of any report prepared by the CASp to the  
               lessee or tenant.  If the property has been issued a  
               current disability access inspection certificate, the  
               commercial property owner shall provide a copy of the  
               certificate or any inspection report to the lessee or  
               tenant within seven days of the date of the execution of  
               the lease form or rental agreement.


             b)   If the property has not undergone an inspection or been  
               issued a current disability access inspection certificate,  
               the commercial property owner shall state on the lease form  
               or rental agreement that the property may not necessarily  
               meet all of the applicable construction-related  
               accessibility standards under State law.


          3)Requires the commission to post a link to the Internet Web  
            site of the Division of the State Architect's CASp Program to  
            assist building owners and tenants in locating or hiring a  
            CASp.
          4)Requires the commission to make its educational materials and  
            information available to other state agencies and local  
            building departments.


          5)As proposed to be amended by the Committee, would create a  








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            presumption that the responsibility for making any 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 mutually agreed upon by the  
            commercial property owner or lessor and the lessee or tenant. 


          6)As proposed to be amended by the Committee, would require that  
            the prospective lessee or tenant shall have the opportunity to  
            review any CASp report prior to execution of the lease or  
            rental agreement and would specify that 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 would 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.


          EXISTING LAW: 


          1)Provides for a California Commission on Disability Access, an  
            independent state agency composed of 17 members, with the  
            general responsibility for monitoring disability access  
            compliance in California, and the authority to hold hearings  
            and make recommendations to the Legislature for necessary  
            changes to existing state law in order to facilitate  
            implementation of state and federal laws on disability access.  
             (Gov. Code Sec. 8299 et seq.  All further statutory  
            references are to the Government Code, unless otherwise  
            indicated.)


          2)Requires the Commission to use its funding, as appropriate, to  
            provide information about preventing or minimizing compliance  
            problems among California businesses, and recommending  
            programs to enable persons with disabilities to obtain full  








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            and equal access to public facilities.  (Section 8299.05.)




          3)Makes it a priority for the Commission to provide educational  
            resources to promote and facilitate disability access  
            compliance.  (Section 8299.06.) 


          4)Provides for the certification process in which an applicant  
            may become a certified-access specialist.  Further provides  
            that the Division of the State Architect shall require each  
            applicant to pay fees that are reasonably necessary to  
            implement the certified access specialist program, including  
            processing, registration, and publishing a list of certified  
            access specialists.  (Section 4459.8.)


          5)Requires a commercial property owner to state on a lease form  
            or rental agreement executed on or after July 1, 2013, if the  
            property being leased or rented has undergone inspection by a  
            certified access specialist.  If the property has undergone an  
            inspection, the commercial property owner shall state whether  
            the property has or has not been determined to meet all  
            applicable construction-related accessibility standards.   
            (Civil Code Section 1938.)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  Under the twenty-five year old federal Americans with  
          Disabilities Act (ADA), a business that constitutes a place of  
          public accommodation (e.g., many places of lodging,  
          entertainment, recreation, restaurants, bars, theaters, stores,  
          health clubs, etc.) is prohibited from discriminating on the  
          basis of disability if its operations affect interstate  
          commerce.  Prohibited discrimination can take a number of forms  








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          - e.g., denial of participation in the facility, or a service,  
          benefit, or good of the business; denial of equal participation  
          in a good, service, or facility; or provision of a different or  
          separate facility, service or good (unless necessary to provide  
          services and are as effective as that provided to others).   
          Government facilities are also covered by the access obligations  
          of the ADA.


          According to the California Supreme Court, "In 1992, shortly  
          after passage of the ADA, the Legislature amended the state's  
          disability protections 'to strengthen California law in areas  
          where it is weaker than the [ADA] and to retain California law  
          when it provides more protection for individuals with  
          disabilities than the [ADA].'  Two overlapping laws, the Unruh  
          Civil Rights Act (§ 51) and the Disabled Persons Act (§§  
          54-55.3), are the principal sources of state disability access  
          protection."  (Jankey v. Lee (2012) 55 Cal.4th 1038, 1044  
          [Citation to internal quotation deleted].)  As a result of  
          incorporating the ADA into the state's Unruh Civil Rights Act, a  
          plaintiff who prevails in a construction-related accessibility  
          claim, like all plaintiffs in other civil rights cases, is  
          entitled to minimum statutory damages of $4,000 per violation  
          (although later amendments to Unruh, affecting only disabled  
          plaintiffs in only construction-related disability claims,  
          reduced the minimum statutory damages to only $1,000 in some  
          cases, such as when a small business previously obtained a CASp  
          inspection).


          Therefore, since 1992, public accommodations in California have  
          been required to comply with not only the ADA, but also with the  
          state's Unruh Act, which incorporates the ADA into its  
          provisions and makes a violation of the ADA punishable as a  
          violation of Unruh.  (Section 51.)  All violations of Unruh are  
          subject to statutory damages of at least $4,000 per violation,  
          except some cases where the violation is based on a  
          construction-related accessibility claim, in which case lower  
          damages (a minimum of $1,000, or $2,000, depending on the  








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          circumstances of the case) apply.  


          ADA Litigation Affecting Public Accommodations, Specifically  
          Small Businesses, in California.  There has been widespread  
          media coverage about the problem of what has been described as  
          "serial ADA litigation."  For example, last summer, the Modesto  
          Bee and the Merced Sun-Star reported a series of articles,  
          describing "how the Americans with Disabilities Act has been  
          misused to create profit centers for opportunistic lawyers.   
          These attorneys recruit people - some with minor disabilities,  
          some with criminal records, some here illegally - to visit small  
          businesses in hopes of spotting the most minute ADA violations.   
          The lawyers then demand $4,000 for each violation."  


          It is certainly true that a handful of highly litigious  
          plaintiffs have targeted small businesses, especially those  
          without the financial resources and sophistication to challenge  
          such lawsuits on their merits.  According to data compiled by  
          the California Commission on Disability Access, more than half  
          (54 percent) of the construction-related accessibility  
          complaints filed between 2012 and 2014 were filed by two law  
          firms; and 46 percent of all complaints were filed by just 14  
          parties.  These figures indicate that the vast majority of all  
          construction-related accessibility claims filed in this state  
          are initiated by a very small number of plaintiffs (and their  
          attorneys).  As a result, small businesses are justifiably  
          fearful and angry about being sued, while disabled consumers are  
          viewed with blame or suspicion, even though they have a right to  
          full and equal access and should be able to expect all public  
          accommodations to comply with the 25-year old requirements of  
          the Americans with Disability Act.  Disabled consumers just want  
          to go about their daily lives without difficulty, discomfort, or  
          embarrassment, and with the basic dignity that comes from being  
          able to go to the same places and have the same access to  
          services as non-disabled persons.  The vast majority would only  
          resort to the extreme measure of filing a lawsuit in response to  
          the most egregious, humiliating, and pervasive violations of  








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          their rights.  It is unfair for business owners or policymakers  
          to assume that disabled persons are somehow trying to "game the  
          system" or take advantage of small businesses when they expect  
          compliance with the ADA.  Compliance should be something they  
          can count on as they go about their daily lives.


          But it is also important to put these figures into perspective.   
          According to data compiled by the Commission, from January 2014  
          until January 2015, there were 3,468 demand letters and  
          complaints sent or filed in the state.  In contrast, according  
          to the Judicial Council of California, a total of 800,091  
          lawsuits were filed in the state in 2013 (the most recent year  
          available).  Meanwhile, California has approximately 3.3 million  
          small businesses.  These figures mean that less than one percent  
          of small businesses (and a far smaller percentage of all  
          businesses) were sued in 2014 for access violations; and the  
          3,468 demand letters or complaints regarding accessibility  
          violations represent less than one-half of one percent (.43%) of  
          the total number of lawsuits filed in the state.  And the actual  
          percentage is even smaller, because the Commission figure  
          includes demand letters that are not complaints. 


          In response to this problem - both real and perceived - the  
          Legislature has considered a number of proposals that have  
          attempted to reduce litigation and increase compliance with the  
          ADA and state construction-related accessibility standards.  For  
          example, last year, despite the objections of many advocates for  
          the disabled community that it applied to too many businesses  
          that were large enough (100 or fewer employees) to have the  
          resources to ensure that they were in compliance with the law,  
          this Committee passed SB 251 (Roth), which among other things,  
          would have established a list of "technical violations" that are  
          presumed to not cause a person difficulty, discomfort or  
          embarrassment for the purpose of awarding the plaintiff minimum  
          statutory damages, and protected a business from liability for  
          minimum statutory damages for violations of construction-related  
          accessibility standards during the 120 day period after the  








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          business obtained a CASp inspection of the business and  
          corrected violations noted in the inspection.  This Committee  
          also authored AB 1521, which addressed the problem of  
          high-frequency ADA litigation by establishing new pre-filing  
          procedures for "high-frequency litigants" and providing new  
          tools for businesses to use when they are served with complaints  
          alleging violations of construction-related accessibility  
          claims, which was signed into law (Chapter 755, Statutes of  
          2015.)  Significantly, this Committee also approved a number of  
          measures (including AB 54 (Olsen), SB 251 (Roth), AB 1342  
          (Steinorth), AB 1230 (Gomez)) that provided financial resources  
          to bring their premises into compliance with the law.  All of  
          those latter measures, except for AB 1230 (Chapter 787, Statutes  
          of 2015), which established the California Americans With  
          Disabilities Act Small Business Capital Access Loan Program  
          within the California Capital Access Loan Program, were either  
          amended to remove those provisions, or vetoed by the governor.   
          Disabled advocates rightfully feel that they have cooperated  
          with the authors of many of these measures and begrudgingly gone  
          along with incremental erosion of their rights with the hope of  
          seeing greater compliance with the ADA, partially facilitated by  
          tax credits and other financial incentives to small businesses.   
          So far, no significant financial resources have been provided to  
          small businesses.  It is hoped that this measure, though it does  
          not include a tax credit or other specific financial benefit to  
          business owners, will nevertheless improve compliance by  
          commercial establishments with the law for the benefit of both  
          the businesses, as well as their disabled customers. 


          Similarity to Last Year's AB 1342 by the Same Author.  Last  
          year's AB 1342, by the same author, was very similar to this  
          current bill in that it would have required a commercial  
          property owner to state on every lease form or rental agreement  
          executed after July 1, 2016, whether or not the property being  
          leased has undergone inspection by a CASp, and would have  
          required a commercial property owner to provide additional  
                                            information to the tenant or lessor about the condition of the  
          rented or leased property.  One significant difference, however,  








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          is that whereas AB 1342 would have provided additional revenue  
          to the California Commission on Disability Access, this bill  
          does not.  AB 1342 was vetoed by the Governor with the following  
          message:


               This bill would require a commercial property owner to  
               include in lease forms or rental agreements a statement  
               disclosing if the premises had been inspected by a  
               certified access specialist.


               I support the idea of providing owners and tenants the  
               opportunity to address accessibility problems.  This bill,  
               however, also establishes two permanent positions funded  
               from the General Fund, something more appropriately  
               addressed in the annual budget process.


          Additional Responsibilities of the Commission and State  
          Architect.  The California Commission on Disability Access is an  
          independent state agency composed of 17 members. It has the  
          general responsibility for monitoring disability access  
          compliance in California, and the authority to hold hearings and  
          make recommendations to the Legislature for necessary changes to  
          existing state law in order to facilitate implementation of  
          state and federal laws on disability access.  (Section 8299 et  
          seq.)   The Commission is required to use its funding, as  
          appropriate, to provide information about preventing or  
          minimizing compliance problems among California businesses, and  
          recommending programs to enable persons with disabilities to  
          obtain full and equal access to public facilities.  (Section  
          8299.05.)  It is a priority for the Commission to provide  
          educational resources to promote and facilitate disability  
          access compliance.  (Section 8299.06.)


          Under this bill, the Commission will be required to undertake  
          new duties to improve the availability of information to the  








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          public about disability access compliance.  Specifically, the  
          Commission would be required to do the following: (1) To the  
          extent feasible, coordinate with state agencies and local  
          building departments to make educational materials and  
          information available to those agencies; and (2) Post on its  
          website a link to the website of the Division of the State  
          Architect's CASp program to assist building owners and tenants  
          in locating or hiring a CASp.


          Under current law, the Division of the State Architect (State  
          Architect) certifies applicants to become CASps.  The State  
          Architect publishes a list of all the CASps in the State on its  
          website.  Currently, there are over 575 CASps throughout the  
          state.  However, despite the large number of CASps, it may be  
          difficult to find a CASp who is available in a given area.   
          Currently, the State Architect's website does not consistently  
          provide the location in which a CASp provides his or her  
          services.  This lack of information makes it difficult for a  
          business property owner or tenant to locate or hire a CASp in a  
          specific region.


          Under this bill, an applicant for CASp certification or renewal  
          will be required to provide the State Architect the location  
          where the applicant will provide CASp services; specifically,  
          the city, county, or city and county.  Additionally, the bill  
          requires the State Architect to publish this locational  
          information.


          A Commercial Property Owner's Responsibilities to a Prospective  
          Tenant Relative to Disability Access Laws.  Under current law, a  
          commercial property owner is required to state on every lease  
          form or rental agreement whether the property has been inspected  
          by a CASp.  If the property has undergone a CASP inspection, the  
          lease or rental agreement must state whether the property meets  
          all applicable construction-related accessibility standards.   
          However, because the property owner may not know whether the  








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          property has met all applicable-related accessibility standards,  
          the current law may unintentionally create a disincentive for a  
          business property owner to obtain CASp services.  


          This bill seeks to increase the amount of information that  
          tenants get about commercial property that they may rent or  
          lease, ultimately promoting compliance of commercial property  
          with the ADA and state construction-related accessibility  
          standards.  Specifically, this bill would require owners and  
          lessors of commercial property to do the following: 1) State on  
          every lease form or rental agreement executed after January 1,  
          2017, whether or not the property being leased has undergone  
          inspection by a CASp; and 2) Provide additional information to  
          the tenant or lessor about the condition of the rented or leased  
          property, specifically the following, depending on whether the  
          property has been inspected by a CASp, been certified to comply  
          with current law, and been altered since the inspection: (a) If  
          the property has undergone an inspection (and to the best of the  
          commercial property owner'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 property's compliance), the  
          commercial property owner shall provide a copy of any report  
          prepared by the CASp to the lessee or tenant; (b) If the  
          property has been issued a current disability access inspection  
          certificate, the commercial property owner shall provide a copy  
          of the certificate or any inspection report to the lessee or  
          tenant within seven days of the date of the execution of the  
          lease form or rental agreement; (c) If the property has not  
          undergone an inspection or been issued a current disability  
          access inspection certificate, the commercial property owner  
          shall state on the lease form or rental agreement that the  
          property may not necessarily meet all of the applicable  
          construction-related accessibility standards under state law. 


          This additional information allows commercial tenants to better  
          understand the state of the leased property, and allows the  








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          commercial property owner or tenant to take proactive steps in  
          reaching compliance with disability access laws by promoting  
          communication between the commercial parties. 


          Concerns Expressed by Disability Rights California.  Disability  
          Rights California, explaining its position on this bill, writes  
          as follows:


               While DRC agrees that steps should be taken to ensure  
               access and that educational resources be made available, we  
               disagree with the provisions in the bill that shift  
               responsibility for inspection and repair onto the tenant.   
               The commercial property owner/landlord should be  
               responsible to make sure that the business is CASp  
               inspected and that necessary repairs are made, unless the  
               tenant is responsible for the lack of access.  Commercial  
               owners and landlords have more resources than tenants and  
               are in a better position to ensure access compliance.


          Amendments Proposed by the Committee.  In response to the  
          concerns expressed by Disability Rights California, the  
          Committee has proposed a number of amendments to the author.   
          These amendments would also do the following in order to promote  
          fairness and ensure that parties are informed about not only the  
          condition of the property, but also their responsibilities: 1)  
          Create a presumption that the responsibility for making any  
          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 mutually agreed upon by the  
          commercial property owner or lessor and the lessee or tenant;  
          and 2) Require that the prospective lessee or tenant shall have  
          the opportunity to review any CASp report prior to execution of  
          the lease or rental agreement and would specify that if the  
          report is not provided to the prospective lessee or tenant at  
          least 48 hours prior to execution of the lease or rental  








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          agreement, the prospective lessee or tenant would 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.


          ARGUMENTS IN SUPPORT:  Consumer Attorneys of California write  
          the following in support of the bill:


               CAOC has grappled to find a solution that both enhances  
               disability access compliance, yet stops the abusive  
               practices of some attorneys who are suing small businesses  
               for fees, not compliance. We think the practices of these  
               few attorneys who seek fees and not correction are wrong  
               and are an affront to people with disabilities and the laws  
               this state has enacted to protect the civil rights of those  
               with disabilities. We also believe that there is a serious  
               problem with buildings being non-compliant. It is  
               unacceptable for a building to be open to the public and  
               not be in compliance with basic structural access issues  
               such as bathrooms, doorways, etc. We agree that an  
               important part of any solution includes providing  
               businesses with information regarding Certified Access  
               Specialists in their area.


          Similar Pending or Recent Legislation.  AB 52 (Gray) - provides,  
          among other things, that the defendant's maximum liability for  
          statutory damages in a construction-related accessibility claim  
          against a place of public accommodation is $1,000 for each  
          offense if the defendant has corrected all construction-related  
          violations within 180 days of being served with the complaint.   
          This bill died without a hearing in this Committee.


          AB 54 (Olsen) - requires, in the latest of its many versions,  
          that a copy of the demand letter and the complaint sent to the  
          California Commission on Disability Access be submitted to the  








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          commission in a standard format specified by the commission.   
          This bill is currently in the Senate Judiciary Committee.


          AB 1230 (Gomez), Chapter 787, Statutes of 2015, establishes the  
          California Americans With Disabilities Act Small Business  
          Capital Access Loan Program within the California Capital Access  
          Loan Program in order to create a self-sustaining program to  
          provide loans to assist small businesses in financing the costs  
          of projects that alter or retrofit existing small business  
          facilities according to certain criteria, to comply with the  
          ADA.  


          AB 1342 (Steinorth) would have provided additional revenue to  
          the California Commission on Disability Access.  In addition,  
          the bill would have required a commercial property owner to  
          state on every lease form or rental agreement executed after  
          July 1, 2016, whether or not the property being leased has  
          undergone inspection by a CASp, and would have required a  
          commercial property owner to provide additional information to  
          the tenant or lessor about the condition of the rented or leased  
          property.  AB 1342 was vetoed by the Governor.


          AB 1468 (Baker) would have, among other things, provided that a  
          public entity's possession of a close out letter from the State  
          Architect certifying that the buildings, facilities, and other  
          places meet the applicable construction-related accessibility  
          standards of the ADA, serves as presumptive evidence of  
          compliance with the ADA.  This bill died without a hearing in  
          this Committee. 


          AB 1521 (Assembly Committee on the Judiciary), Chapter 755,  
          Statutes of 2015, establishes new pre-filing procedures for  
          "high-frequency litigants" and provides new tools for businesses  
          to use when they are served with complaints alleging violations  
          of construction-related accessibility claims.








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          SB 67 (Galgiani) - among other things, exempts a small business  
          from statutory damage liability in connection with a  
          construction-related accessibility claim and extends the period  
          for correcting construction-related violations that are the  
          basis of a claim from 60 days to 120 days of being served with  
          the complaint, for purposes of reducing a defendant's minimum  
          statutory damage liability to $1,000.  This bill died without a  
          hearing in the Senate Judiciary Committee.


          SB 251 (Roth), among other things, would have established a list  
          of "technical violations" that are presumed to not cause a  
          person difficulty, discomfort or embarrassment for the purpose  
          of awarding the plaintiff minimum statutory damages, where  
          certain conditions are satisfied.  This would have protected a  
          business from liability for minimum statutory damages for  
          violations of construction-related accessibility standards  
          during the 120 day period after the business obtains a CASp  
          inspection of the interior, the exterior, or the entirety of the  
          premises, provided that all violations were corrected within the  
          120 period and other conditions were satisfied.  The bill also  
          would have provided a tax credit for eligible expenditures to  
          increase accessibility.  SB 251 was vetoed by the Governor.


          SB 269 (Roth) is virtually identical to SB 251, above, except  
          for the following: (1) The protection of a business from  
          liability for minimum statutory damages for violations of  
          construction-related accessibility standards during the 120 day  
          period after the business obtains a CASp inspection of the  
          property applies to businesses with 50 or fewer employees,  
          rather than 100 or fewer employees, as provided by SB 251; (2)  
          The bill does not provide a tax credit for eligible expenditures  
          to increase accessibility; and (3) The bill has an urgency  
          clause so that it takes effect immediately upon being signed.   
          This bill is currently in the Assembly Appropriations Committee.









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Institute of Architects California Council


          Building Owners and Managers Association of California


          California Building Industry Association


          California Business Properties Association


          California Chamber of Commerce


          Commercial Real Estate Development Association, NAIOP of  
          California


          Consumer Attorneys of California


          Disability Rights California (if amended)


          International Council of Shopping Centers


          National Federation of Independent Businesses









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          Opposition


          None on file




          Analysis Prepared by:Alison Merrilees / JUD. / (916) 319-2334