Good News, Bad News: The CASp Report

First, some bad news. A CASp report[1] is now required by law for commercial properties when a lease is negotiated. The good news: when you have a CASp report, you have the power to correct accessibility problems and to defend ADA lawsuits. For a summary of SB 1186, the law that seeks to curb ADA lawsuit abuse, click here.

CASp Report Basics.

Here are the basic topics the CASp report should cover:

  • A description of the facility. This should include characteristics such as on-site parking and the type of occupancy.
  • Descriptions of all access barriers (by priority under the ADA).
  • Photos of the barriers.
  • A plan for removal of barriers, based on the scope of work and your budget.

Taking Action.

The CASp report is your roadmap to ADA compliance. The correction process may take a few days, or it may take months. Here’s how to use the road map:

  • Review and highlight all access barriers and violations. Correction of these problems within a reasonable time is required by law.
  • Review and highlight the suggested corrective action. The CASp report should provide options for correction of all ADA problems.
  • Obtain bids for the corrective work. Seek out contractors with experience in ADA compliance.
  • Prepare a plan and budget. You can create a plan to address the ADA problems gradually, as the cost is spread out over months or longer.
  • Do It. Start the corrective work as soon as possible. Diligence is very important in case a lawsuit is filed before all the work is complete.

The Good News.

A CASp report can help you defend ADA lawsuits, ensure compliance with accessibility requirements, and give you reasonable time to make corrections. The report will allow you to decide how and when to address your ADA problems.

Randy Ortlieb is an partner at White and Bright specializing in real estate and business litigation. For questions relating to this article or for assistance with a real property matter, please contact Mr. Ortlieb at White and Bright (760-747-3200).

[1] A CASp report is prepared by a licensed CASp. For a list of CASp service providers, start at https://www.apps.dgs.ca.gov/casp/casp_certified_list.aspx

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