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Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money; (2) creating new provisions to prevent “stacking” of multiple claims to increase statutory damages; and (3) requiring that demand letters identify the barriers that prevented full and equal access to the business premises or services, as well as the dates the disabled person encountered those barriers. The new law also reduces the amount of statutory damages available for unintentional violations of the law in certain circumstances, if the necessary changes are made soon after a suit is filed. 

SB 1186 additionally amends California Civil Code § 1938 and imposes a new disclosure duty on commercial landlords. For all commercial property leases entered into on or after July 1, 2013, the landlord must disclose in the lease: (1) whether the leased premises have been inspected by a Certified Access Specialist (CASp) and if so, (2) whether the leased premises have (or have not) been determined to meet all applicable construction-related access standards under California law. Under certain circumstances, a CASp inspection may be useful to limit the statutory damages that a plaintiff may recover in a disability access case.

©2017 Katten Muchin Rosenman LLP


About this Author

Dustin Branch, Partner, Katten Muchin Rosenman Law Firm

Dustin P. Branch represents owners, developers and managers of shopping centers and other commercial properties in lease and landlord/tenant disputes, including Chapter 11 bankruptcy and non-bankruptcy workouts. He is involved in many of the largest retail Chapter 11 bankruptcies in courts throughout the country, representing multiple landlords in such high profile cases as Eddie Bauer, KB Toys, Musicland, Mervyn's, Gottschalks, Linen 'n Things, Circuit City, Blockbuster and Borders.

Dustin has handled bankruptcy cases, non-bankruptcy workouts and...

Brian Huben, Partner, Katten Muchin Rosenman Law Firm

Brian D. Huben concentrates his practice in commercial litigation in state and federal courts. His practice focuses on the representation of commercial landlords and shopping center owners, managers and developers. Brian represents landlords and other creditors throughout the US in retailer bankruptcies, often providing counsel to dozens of shopping center owners in each case. He also counsels commercial landlords in day-to-day operational matters such as evictions, breach of lease issues, public access and the Americans with Disabilities Act.

Brian has represented shopping center landlords in Chapter 11 reorganizations such as Garden Botanika, Frederick’s of Hollywood, Natural Wonders, Store of Knowledge, Track ’n Trail, Crown Books, Wherehouse Entertainment, The Bombay Company, Sharper Image, Shoe Pavilion, The Walking Company, Round Table Pizza and Mervyn’s. 

Stacey Knight, partner, Katten Muchin Rosenman Law Firm

Stacey McKee Knight serves as national co-chair of the Litigation and Dispute Resolution practice, and is a member of Katten's Board of Directors and the firm's Executive Committee. She concentrates her litigation practice in the areas of labor and employment law. Stacey has extensive class action experience and focuses primarily on wage and hour class actions and collective actions, including Fair Labor Standards Act, meal and rest period, donning and doffing, vacation and regular rate of pay claims at the state and federal levels. Stacey represents management in a variety of...