AM I "GRANDFATHERED" IF MY PROPERTY WAS BUILT PRIOR TO THE ADA?
NO. This is a very common misconception. Most people assume that if their property was built before the ADA was passed in 1990 that they are immune to the current accessibility standards. That assumption is not true. There is no "Grandfathered" clause in the ADA. Failure to recognize this fact puts your property at risk of falling victim to a "shakedown lawsuit". The law clearly states that all readily achievable barriers must be removed regardless of when the property was developed. Any barriers to accessibility that are not readily achievable must comply with current standards whenever there is an alteration to that area.
WILL A CASP INSPECTION INCREASE MY LIABILITY BECAUSE I WOULD THEN BE AWARE THAT MY PROPERTY IS OUT OF COMPLIANCE?
NO. The fact is that your property is required to be free of barriers regardless of your knowledge of accessibility standards. The ADA was passed more than 25 years ago and there is no "Grandfather" clause in that law. Negligence is not an acceptable defense in a court of law. The CASp program was designed to protect proactive businesses by reducing minimum damages in the event that a lawsuit was brought against you as well as creating a plan to correct any violations that works within your budget. You are at greater risk WITHOUT a CASp inspection.
DO I NEED CASP INSPECTION TO LEASE OUT MY SPACE?
NO. A CASp inspection is voluntary. However, it is mandatory that you indicate in your lease contract whether or not the the property has been inspected by a CASp. Because this is now written into all California lease contracts, an owner who does not get CASp inspected can no longer attempt to use the defense of "I did not know that my property was out of compliance" in an ADA lawsuit. A lease agreement that discloses the property has not been inspected for construction related accessibility compliance, is effectively an admission that you are aware that this is an available service but have chosen not to use it.
I AM A TENANT OF A BUILDING THAT I DO NOT OWN. CAN I BE SUED?
YES. It is the shared responsibility and legal obligation of both the tenant and property owner to provide access. Often times, both the property owner and business are named in the same lawsuit.
AM I ELIGIBLE FOR TAX CREDITS?
Maybe. The IRS gives tax credits and deductions for certain accessibility expenses. Consult with your accountant to see if you qualify. Click Here to download the IRS form.
WILL THE LEGAL BENEFITS PROVIDED WITH A CASP INSPECTION GO INTO EFFECT AFTER I REMOVE BARRIERS TO ACCESSIBILITY?
NO. Regardless of the inspection results, your facility is granted all of the legal benefits the moment the inspector steps foot on the property. After you receive your report, you will be required to fill in the "estimated timeline for barrier removal" and make a good faith effort to adhere to that timeline.
DO YOU DISCLOSE CASP REPORTS TO ANYONE OTHER THAN THE CLIENT THAT ORDERS A CASP REPORT?
NO, If you purchase a CASp report, it is YOUR property. We will not distribute the report to anyone unless you give permission or ordered to do so with court order. Every 3 year upon your inspector's certification renewal, the CASp is required to disclose a list of all of the properties that the CASp has inspected to the DSA. The list will include the certificate number, business/property name and address. The contents of the report including the CASp's determination and barriers found (if any) are NOT disclosed to the Division of the State Architect.