Chapter 38 Landlord Notification Requirements

Starting January 1, 2013, commercial property landlords have the obligation of making disability access improvements and providing required notifications when entering into or amending a lease of a property between to 5,001 and 7,500 square feet of space. Effective June 1, 2013, the requirement expanded to properties fewer than 5000 square feet of space.

The landlord can fulfill the access improvement obligation by 1)making existing public restroom, ground floor entrances and ground floor exits accessible by removing all architectural barriers to disability access, to the extent the improvements are required by and “readily achievable” within the meaning of any applicable provisions of Title 28, Section 36.304 and 36.305, of the Code of Federal Regulations; or 2) providing a written notice to any prospective tenant that the property may not meet all applicable construction-related accessible standards.

In either case, before entering into or amending a commercial lease, the landlord is also required to provide a written “Disability Access Obligations Notice,” which has established language the landlord must use. In addition, the landlord must provide an “Accessible Information Notice” obtained through the Office of Small Business.

Click here for full details listed in the San Francisco Administrative Code, Chapter 38.
• Access Information Notice (req'd by Administrative Code Chapter 38)
*Landlords must provide this brochure to tenant at time of lease execution or amendment for spaces 7,500 sq. ft. or less.* (This brochure prints on 11x17 paper. Call 415-554-6134 or email if you would like one mailed to you.)

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• Disability Access Obligations Notice (req'd by Administrative Code Chapter 38)
(Sample lease language)
[English] [Chinese] [Spanish] [Tagalog]
[Russian] [Vietnamese] [Japanese]