Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Judiciary
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes how construction-related accessibility claims are handled in California. It requires that a defendant be notified of specific accessibility violations and given 120 days to correct them before a lawsuit can be filed for statutory damages. If the violations are corrected within that time, the defendant is not liable for damages. The bill also limits the ability of plaintiffs to claim general discrimination damages if the underlying issue is a failure to comply with accessibility standards, and it provides protections for small businesses with fewer than 50 employees.
Key provisions
- Requires a written notice of violations before a statutory damages lawsuit can be filed against a defendant employing 50 or fewer people.
- Provides a 120-day window for defendants to correct accessibility violations to avoid liability for statutory damages.
- Offers protection from statutory damages for small businesses (fewer than 25 employees) that correct violations within 30 days and meet certain revenue requirements.
- Prevents plaintiffs from claiming ADA discrimination damages if the claim is based on a failure to comply with California accessibility standards.
- Establishes a presumption that certain technical violations do not cause difficulty or discomfort for plaintiffs when the defendant is a small business that has corrected the violations.
- Specifies conditions under which a defendant may be exempt from liability for minimum statutory damages, including CASp inspections and specific compliance requirements.
Bill text
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Sponsors
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1 on record
Primary sponsor
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