SAN FRANCISCO—California law firm Allen Matkins this week released an advisory warning regarding new local codes here regarding leasing activity and compliance with the Americans with Disabilities Act (ADA).

Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square feet or less of space to be used as a "Public Accommodation" (defined broadly by the Americans with Disabilities Act (ADA) to include some general office uses).

If the ordinance applies, then the landlord must satisfy certain obligations before signing a lease (or amendment) and the landlord must include certain provisions in the lease (or amendment). Note that the law was effective January 1, 2013, with respect to leases (and amendments) of 5,001-7,500 square feet of space. The law will be effective June 1, 2013, with respect to leases (and amendments) of 5,000 square feet or less of space. The ordinance purports to apply to all lease amendments meeting the above description (which would include minor lease amendments containing clarifications or corrections, not just lease amendments that extend the lease term or modify the leased premises).

PRE-LEASE REQUIREMENTS

Before entering into a new lease (or amendment) meeting the above description, the landlord must either (i) ensure that existing public restrooms, ground floor entrances, and ground floor exits are accessible by removing all architectural barriers to disability access (as required by, and to the extent "readily achievable" as defined by, the ADA); or (ii) notify the tenant in writing that the property may not currently meet all applicable construction-related accessibility standards, including standards for public restrooms and ground floor entrances and exits.