Civil Code Section 1938 Gets Expansion on Jan. 1

President George H.W. Bush signs the ADA into law in 1990.

SACRAMENTO—Places of public accommodation, including most California businesses open to the public, must comply with federal and state laws governing accessibility to persons with disabilities. Failure to comply with these standards can expose landlords and tenants to lawsuits by individuals with disabilities who experience hardship as a result of the non-compliance. These types of lawsuits are particularly prevalent in California because of state laws that allow private individuals to sue for substantial damages in addition to the injunctive relief (meaning court orders to correct the violations) available under the federal Americans with Disabilities Act. The damages ordinarily include minimum statutory damages of $4,000 per incident, per plaintiff.

GlobeSt.com presents an overview of the expansion of CaliforniaCivil Code Section 1938 in part one of two articles, according to the attorneys at Miller Starr & Regalia in Walnut Creek. Beginning January 1, 2017, revisions to current California law will expand the disclosure requirements and the responsibilities of landlords and rights of tenants regarding the compliance of commercial real property with disability access laws. Presently, California Civil Code Section 1938 requires commercial landlords to state in every lease executed on or after July 1, 2013, whether the property being leased has been inspected by a Certified Access Specialist (CASp), and, if so, whether or not the property meets all applicable construction-related accessibility standards.