ADA Accessibility Compliance Notice
Federal and California accessibility requirements for commercial property. Accessibility compliance is a material consideration in commercial sales, leases, and tenant improvements.
The Americans with Disabilities Act
The ADA of 1990 (42 U.S.C. §12101 et seq.), as amended in 2008, prohibits discrimination against individuals with disabilities. Title III applies to privately owned commercial properties open to the public. Owners must remove architectural barriers in existing facilities where "readily achievable," and new construction and alterations must comply with the ADA Standards for Accessible Design.
California Accessibility Standards
California's requirements often exceed federal standards. The California Building Code (Title 24, Part 2, Chapter 11B) sets accessibility standards for commercial and public buildings, and Civil Code §§54–55.2 (the Unruh Civil Rights Act and Disabled Persons Act) guarantee full and equal access to business establishments.
Owner Obligations
- Barrier removal: address entrances, paths of travel, restrooms, and parking when readily achievable.
- New construction: comply with both ADA standards and CBC Chapter 11B.
- Alterations: provide an accessible path of travel to altered primary-function areas (up to 20% of cost under the ADA; California does not cap this).
- Parking & signage: provide compliant accessible spaces, and signs with raised characters and Braille.
CASp Inspection & Disclosure (SB 1186)
SB 1186 (2012) established the Certified Access Specialist (CASp) program. Civil Code §1938 requires the following disclosure in commercial lease and sale transactions:
"A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law… the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection… The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee, and the cost of making any repairs."
Owners must also disclose whether the property has been CASp-inspected and, if so, whether it met applicable standards.
Litigation Risk
California has among the highest rates of ADA-related litigation in the nation. Plaintiffs may seek injunctive relief, statutory damages (a minimum of $4,000 per violation under the Unruh Civil Rights Act), and attorney's fees. A proactive CASp inspection helps identify and remediate violations before they become claims.
Bottom Line
Accessibility compliance is a material commercial diligence item. Owners and tenants should understand their obligations, make the CASp disclosure required by Civil Code §1938, and consider a CASp inspection to reduce litigation exposure. Learn more at ada.gov and dgs.ca.gov/casp.