Blind Man, Service Dog Kicked Off NY-Bound Plane

It seems that the people one would least expect are guilty of ignorance regarding the Americans with Disabilities Act (ADA). It is a Federal Law that must be complied with nationwide.

It would be interesting to follow this story to see how it plays out:

A blind Long Island man and his service dog were forced off a flight from Philadelphia after the airline says the dog left its seat and wandered the aisle as the plane was delayed.

Albert Rizzi, who is from Bellport, says he boarded the US Airways flight with his dog, Doxology, at about 8 p.m. Wednesday. 

After the flight was delayed for more than an hour on the tarmac, Rizzi says the passenger next to him volunteered her space so that Doxy could spread out.

The airline, which says service dogs must be kept at a passenger's feet, says the dog became restless and began walking the aisle. Rizzi disputes this.

According to the airline, Rizzi became verbally abusive when a flight attendant told him he needed to control his guide dog.

"He became disruptive," said US Airways spokesman Todd Lehmacher.

The pilots turned the plane back to the gate and Rizzi and his dog were escorted off.

US Airways says the flight was then canceled, and some passengers were put on a bus to Long Island.

Two passengers told NBC 4 New York they didn't think Rizzi was out of line.

"From what I could see, he did nothing whatsoever wrong," said Vern Hackworth.

The airline said the situation is being reviewed. 

Click this link to see the NBC video:

http://www.nbcnewyork.com/news/local/Blind-Man-Service-Dog-Flight-Long-Island-Plane-US-Airways-231901721.html

MANDATORY DISCLOSURES FOR COMMERCIAL LEASES AS OF JULY 1, 2013

Mandatory Disclosures for Commercial Leases

SB 1186 expressly requires that all commercial leases executed on and after July 1, 2013, disclose whether the subject premises have been inspected by a CASp, and if so, whether the inspected premises have been determined to meet all applicable accessibility requirements. Specifically, Section 12 of SB 1186 created the new disclosure requirement by adding Section 1938 to the California Civil Code which provides as follows:

“A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable construction-related accessibility standards pursuant to Section 55.53.”

Information on whether a property has undergone inspection by a CASp, and whether the property has been found to meet applicable accessibility requirements is relevant to tenants since tenants, in addition to landlords, are often named as plaintiffs in accessibility lawsuits. Accordingly, tenants have an interest in knowing whether their leased premises have been inspected and deemed compliant by a CASp to determine whether they may benefit from the protections granted under SB 1186.

It is important to remember that the new law does not require commercial property owners to have CASp inspections performed on their properties – it simply requires that they state in their leases executed on or after July 1 whether or not they have done so; and if so, whether the property meets the applicable accessibility standards. A disclosure in a commercial lease that the premises have not been CASp inspected may prompt the tenant to request that the landlord undertake such inspection, or the tenant may agree to undertake such inspection on its own (both of which are likely intended results from the legislation) in order to receive the benefits under SB 1186.

What you should do

The July 1, 2013, deadline set forth in the new Civil Code Section 1938 is rapidly approaching.Landlords of commercial property should consult with experienced real estate counsel to:

1. Determine whether their property has been inspected by a CASp and to evaluate the findings of such inspection;
2. Based on whether or not a CASp inspection has been performed, draft and incorporate appropriate provisions into their commercial leases executed on or after July 1 to comply with Civil Code Section 1938; and
3. Review other relevant provisions of their commercial lease form, including compliance with law and indemnity provisions, to ensure the lease appropriately allocates accessibility related risk between Landlord and Tenant.

Consult your attorney or visit this page: http://www.attorneyrobertharris.com

New Accessibility Disclosure Requirements for Commercial Landlords in 2013

 

3/12/2013

The California legislature and the San Francisco Board of Supervisors recently enacted separate laws imposing on landlords disclosure requirements relating to accessibility on commercial properties. In addition, the San Francisco ordinance requires revisions to leases and lease amendments for smaller commercial premises.

California Civil Code Section 1938

At the state level, new Civil Code Section 1938 requires that leases for all commercial properties entered into on or after July 1, 2013, disclose whether the property has been inspected by a Certified Access Specialist (CASp) and if so, whether the property has or has not been determined pursuant to a report prepared in compliance with Civil Code Section 55.53 to meet all applicable construction-related access standards.

Note that this requirement applies to ALL commercial properties and leases in California, not only places of “Public Accommodation” as defined in the Federal Americans with Disabilities Act (ADA) and the inspection must be made by a CASp and not just any third party inspector.

As with the ADA, this is a “civil rights” statute and is primarily enforced by private parties, in this case the tenant, in a civil suit. A tenant could claim that but for the landlord’s failure to make the requisite disclosure, the tenant would not have suffered the damage of itself being liable to a customer or employee claiming violation of the ADA. The landlord’s violation of the law could also be asserted by the tenant to deny a claim by the landlord for accessibility alterations, if under the terms of the particular lease, such are otherwise required to be performed by the tenant.

San Francisco Administrative Code Chapter 38

This new ordinance (Section 38.1 et. seq.) is intended to protect small businesses and imposes obligations on commercial property owners related to disability access on the ground floor and to public restroom facilities and related disclosures. Any new commercial lease or any amendment of an existing lease for a space of 7,500 square feet or less that is used as a “Public Accommodation” (as defined in the ADA ) is subject to these requirements. If the ordinance applies, as a general disclosure obligation and before entering into or amending a commercial lease, the landlord must give the existing or prospective tenant: (i) a written Disability Access Obligations Notice that must be signed by both the landlord and tenant, and (ii) a copy of the Small Business Commission’s Access Information Notice pamphlet in the tenant’s requested language.

In addition, before entering into the new lease (or amendment) the landlord must either (i) make necessary alterations to the premises to ensure that existing public restrooms, ground floor entrances and exits and path of travel are accessible by removing all architectural barriers to disability access to the extent that such improvements are required by and “readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense” (as defined in the ADA and related regulations) , or (ii) include in the Disability Access Obligations Notice prescribed language disclosing that the property may not meet all applicable construction-related accessibility standards.

Finally, the lease or amendment must include a provision specifying whether the landlord or tenant is responsible for making and paying for any disability access alterations and a requirement that each of the landlord and tenant will use reasonable efforts to notify the other if either makes alterations to the premises which might impact accessibility as required under either state or federal law.

Note that:

• Public Accommodation is defined broadly in the ADA to include any business open to the public, including retail, health care, professional office, lodging, entertainment venues, social service agencies, schools, gymnasiums, museums and recreation facilities; and
• As with Civil Code Section 1938, the ordinance does not include any provision regarding penalties for non-compliance, so will be primarily enforced by civil suits brought by tenants claiming violation.

This new ordinance was effective January 1, 2013 with respect to leases (and amendments) for spaces 5,001-7,500 square feet and on June 1, 2013 will also apply to leases (and amendments) spaces of less than 5,000 square feet.