BILL ANALYSIS Ó AB 2093 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2093 (Steinorth) As Amended May 25, 2016 2/3 vote. Urgency -------------------------------------------------------------------- |ASSEMBLY: |79-0 |(April 21, |SENATE: | 38-0 |(August 15, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 Page 2 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 Page 3 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 Page 4 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 Page 5 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