CASp / ADA Laws and Accessibility Compliance Overview
Federal Accessibility and the ADA
Americans with Disabilities Act (ADA) of 1990
The Americans with Disabilities Act (ADA) is a landmark civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and access to public and private places open to the general public.
Key Milestones and Standards
1991 ADA Standards for Accessible Design:
Established the initial technical and scoping requirements for accessibility in new construction and alterations.2010 ADA Standards for Accessible Design:
Updated requirements incorporating modern design practices and technological advancements. These became mandatory for new construction and alterations after March 15, 2012.
Core Requirements
Readily Achievable Barrier Removal:
Since 1991, existing facilities have been required to remove architectural barriers when such removal is “readily achievable” — that is, easily accomplishable without much difficulty or expense.Applicable Standards for New Construction and Alterations:
Since 1992, all new construction and facility alterations must comply with ADA Standards for Accessible Design.
ADA Titles
Title I – Employment:
Prohibits discrimination in employment and requires reasonable accommodations for qualified individuals with disabilities.Title II – State and Local Government:
Ensures that all programs, services, and activities of public entities are accessible to individuals with disabilities.Title III – Public Accommodations and Commercial Facilities:
Requires private businesses that serve the public (e.g., restaurants, hotels, retail stores) to remove barriers and ensure accessibility.Title IV – Telecommunications:
Mandates telecommunications services for individuals with hearing and speech disabilities.Title V – Miscellaneous Provisions:
Includes a variety of administrative and legal provisions, including retaliation protections and rules for enforcement.
California Accessibility Legislation and the CASp Program
Certified Access Specialist Program
California has enacted several laws to enhance compliance with federal accessibility standards and to create specific legal pathways for property owners and tenants. The Certified Access Specialist (CASp) program is central to these efforts.
California Senate Bill 262 (2003)
Government Code §§ 4459.5–4459.8
Established the Certified Access Specialist (CASp) Program, a voluntary certification program administered by the Division of the State Architect (DSA).
CASp professionals are trained and certified to inspect properties for compliance with state and federal accessibility standards.
California Senate Bill 1608 (2008)
The Construction-Related Accessibility Standards Compliance Act (CRASCA) — Civil Code §§ 55.51–55.545
SB 1608 created a structured process to encourage proactive accessibility compliance and reduce litigation risk for businesses.
Key Provisions
Defines the concept of a “Qualified Defendant” — a business or property owner who has taken steps toward compliance through CASp inspection.
Legal Benefits for Qualified Defendants:
90-Day Stay of Proceedings: Temporary pause in litigation to allow for accessibility improvements.
Early Evaluation Conference: Court-facilitated meeting to encourage resolution of accessibility claims without prolonged litigation.
To receive these benefits, a defendant must:
Hire a CASp.
Complete a CASp inspection.
Receive a CASp report identifying barriers.
Develop and implement a barrier removal schedule based on that report.
Introduced the Disability Access Inspection Certificate, which indicates a property has undergone a CASp inspection in compliance with CRASCA.
California Senate Bill 1186 (2012)
Amendments to CRASCA
Expanded legal protections to additional defendants in accessibility-related lawsuits.
Reduced statutory damages from $4,000 to $1,000 per occurrence for properties that:
Were CASp-inspected or
Were inspected by a building department on or after January 1, 2008.
California Assembly Bill 2093 (2016)
Amendment to SB 1186 — Accessibility Disclosure Requirements in Commercial Leases
AB 2093 enhances transparency in commercial real estate transactions by requiring landlords to disclose accessibility information to prospective tenants.
Key Requirements
CASp Inspection Disclosure:
Every commercial lease or rental agreement executed on or after July 1, 2013, must state whether the property has been evaluated by a CASp.If the property has a CASp inspection report:
If no alterations affecting accessibility have occurred since the inspection, the landlord must provide a copy of the CASp report at least 48 hours before lease execution.
If the report indicates compliance with applicable standards, a copy must be provided to the tenant within 7 days after the lease is signed.
If no CASp report exists:
The lease must include statements that:A CASp can inspect the property.
A CASp inspection is not required by law.
Upon request, the property owner must allow a CASp hired by the prospective tenant to perform an inspection.
Both parties must mutually agree on:
The time and manner of inspection,
Payment of the inspection fee, and
Responsibility for repair costs, if any.
Additional Provisions
Responsibility for Repairs:
Unless otherwise specified in the lease, the landlord is responsible for accessibility-related repairs.Lease Cancellation Rights:
If the landlord orders a CASp inspection, they must allow the tenant to review the report.
If the landlord fails to provide the report within 48 hours after lease signing, the tenant has the right to cancel the lease.
Tenants may also cancel the lease within 72 hours after execution if the report reveals issues impacting their decision.
The federal and California laws establish a comprehensive framework to ensure accessibility compliance, encourage proactive building inspections, and provide legal protections for businesses that take measurable steps toward accessibility.
The CASp program serves as a key mechanism for identifying accessibility barriers, planning improvements, and reducing legal exposure while promoting an inclusive environment for all individuals.