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New ADA Notification Bill Can Impact CRE Throughout California

December 19, 2016Article
Western Real Estate Business

By Lee Dresie,

Firm Partner and Real Estate Litigator. Greenberg Glusker and legal advisor to the AIR Commercial Real Estate Association's Board of Directors. In a major development affecting all commercial land-lords and tenants in California, Gov. Jerry Brown has signed AB 2093 into law. AB 2093 creates a statute, codified at California Civil Code section 1938, which requires owners of commercial property to inform prospective tenants (1) whether the property has undergone an Americans with Disabilities Act (ADA) compliance inspection by a certified specialist (known as a CASp) and (2) if so, the results of that inspection. The owner also must supply copies of any inspection reports. The statute provides a presumption that any ADA violation must be remedied by the owner, unless the lease expressly provides to the contrary. 

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