BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2093


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2093 (Steinorth)


          As Amended  May 25, 2016


          2/3 vote.  Urgency


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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.










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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.


          









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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,  








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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  








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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