BILL ANALYSIS Ó
AB 2093
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2093 (Steinorth)
As Amended May 25, 2016
2/3 vote. Urgency
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|ASSEMBLY: |79-0 |(April 21, |SENATE: | 38-0 |(August 15, |
| | |2016) | | |2016) |
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Original Committee Reference: JUD.
SUMMARY: Increases the information available to the public, and
to prospective tenants of commercial property, about the
Americans with Disabilities Act (ADA) and a commercial
property's 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 construction access specialist (CASp).
2)Requires a commercial property owner to provide additional
information to the tenant or lessor about the condition of the
rented or leased property.
AB 2093
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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)Creates 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.
4)Requires 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.
AB 2093
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The Senate amendments:
1)Delete requirements for the California Commission on
Disability Access (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 and to make its educational materials and information
available to other state agencies and local building
departments.
2)Add an urgency clause so the bill takes effect immediately.
EXISTING LAW:
1)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.
2)Requires, if the property has undergone an inspection, the
commercial property owner to state whether the property has or
has not been determined to meet all applicable
construction-related accessibility standards.
FISCAL EFFECT: None
COMMENTS: Under the 25 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
- e.g., denial of participation in the facility, or a service,
AB 2093
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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.
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
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
AB 2093
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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
commercial property owner or tenant to take proactive steps in
reaching compliance with disability access laws by promoting
communication between the commercial parties.
Analysis Prepared by:
Alison Merrilees / JUD. / (916) 319-2334 FN:
0003670