CaliforniaDisability access: construction-related accessibility claims: notice of violation and opportunity to correct.
What it does
Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. Existing law imposes minimum statutory damages for construction-related accessibility claims if the violation of a construction-related accessibility standard denied the plaintiff full and equal access to the place of public accommodation on a particular occasion, as specified. Existing law imposes various limits on a defendant's liability for statutory damages under specified sets of conditions, including if the defendant, among other things, corrects the construction-related violations within a specified time.
More detail
This bill would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant who employs 50 or fewer individuals, as specified, unless the defendant has been served with a letter specifying each alleged violation, and the alleged violations have not been corrected within 120 days of service of the letter. The bill would provide that a defendant is not liable for statutory damages, plaintiff's attorney's fees, or costs for an alleged violation that is corrected within 120 days of service of a letter alleging the violation. The bill would also prohibit a plaintiff from avoiding the notice and opportunity to correct provisions and the liability limitations by claiming they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990 if the underlying claim is based on a defendant's failure to comply with physical accessibility standards under California law.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Jun 18From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.Latest
- Jun 16Referred to Coms. on JUD. and APPR.Minor
- Jun 5In Assembly. Read first time. Held at Desk.Minor
- Jun 4Read third time. Passed. (Ayes 34. Noes 2. Page 1498.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading SB84 Niello et al. Result: pass.Upper
- May 27Read second time. Ordered to third reading.Minor
- May 23Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- May 23From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1191.) (May 23).Major
- May 16Set for hearing May 23.
- May 5May 5 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 25Set for hearing May 5.
- Apr 23From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 833.) (April 22). Re-referred to Com. on APPR.Minor
- Apr 22
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Apr 3Set for hearing April 22.
- Apr 2From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.Major
- Jan 29Referred to Coms. on JUD. and APPR.Minor
- Jan 21From printer. May be acted upon on or after February 17.
- Jan 17Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced