HR 6453
ADA 30 Days to Comply Act
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Bill overview
This bill, the ADA 30 Days to Comply Act, changes the rules for filing lawsuits related to accessibility issues in public accommodations. It introduces a 30-day period for property owners or operators to respond to notices of alleged violations and outline plans to remove architectural barriers. If they fail to act within this timeframe, a lawsuit can be filed. The goal is to provide a more structured process for addressing accessibility problems.
Key provisions
- Introduces a 30-day notice and cure period for public accommodations.
- Requires specific notice detailing the barrier and denial of access.
- Allows lawsuits to be filed only if the property owner/operator fails to respond or make progress within the 30-day period.
- Clarifies the definition of ‘notice specific enough’ to identify the barrier.
- Addresses architectural barriers to access in existing public accommodations.
Who is affected
- Individuals with disabilities
- Public accommodations (businesses, organizations, and entities that serve the public)
- Property owners and operators of public accommodations
Notable changes
- Establishes a mandatory 30-day period before a lawsuit can be filed regarding accessibility issues.
- Adds requirements for specific notice and response from property owners/operators.
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 6453
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Americans with Disabilities Act of 1990 to provide for a remediation period before the commencement of a civil action.
This Act may be cited as the ADA 30 Days to Comply Act
.
Paragraph (1) of section 308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is amended to read as follows:
Subject to subparagraph (B), the remedies and procedures set forth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a–3(a)) are the remedies and procedures this title provides to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 303. Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this title does not intend to comply with its provisions.
A civil action under section 302 or 303 based on the failure to remove an architectural barrier to access into an existing public accommodation may not be commenced by a person aggrieved by such failure unless—
that person has provided to the owner or operator of the accommodation a written notice specific enough to allow such owner or operator to identify the barrier; and
during the period beginning on the date the notice is received and ending 30 days after that date, the owner or operator fails to provide to that person a written description outlining improvements that will be made to remove the barrier; or
The written notice required under subparagraph (B) must also specify in detail the circumstances under which an individual was actually denied access to a public accommodation, including the address of property, whether a request for assistance in removing an architectural barrier to access was made, and whether the barrier to access was a permanent or temporary barrier.
notice specific enoughmeans notice that allows such owner or operator to identify the barrier to access in question.