AB 649 (Lowenthal D) Disability access: construction-related accessibility claim.
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(Lowenthal D) Disability access: construction-related accessibility claim. |
Position: Watch
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Introduced: 2/13/2025 |
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Last Amend: 5/12/2025 |
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Status: 7/17/2025-Failed Deadline pursuant to Rule 61(a)(10). (Last location was JUD. on 6/18/2025)(May be acted upon Jan 2026) |
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Location: 7/17/2025-S. 2 YEAR |
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Summary: Current law prohibits discrimination on the basis of various specified personal characteristics, including disability. Current 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. Current law provides that a plaintiff demonstrates that the plaintiff was deterred from accessing a place of public accommodation on a particular occasion only if both (1) the plaintiff had actual knowledge of a violation, as specified, and (2) the violation would have actually denied the plaintiff full and equal access, as specified. Current law authorizes the assessment of statutory damages under these provisions based on each particular occasion that the plaintiff was denied full and equal access, as specified, not upon the number of violations of construction-related accessibility standards. Current law prohibits a defendant from being liable for minimum statutory damages in a construction-related accessibility claim, with respect to a violation noted in a report by a certified access specialist (CASp), for a period of 120 days following the date of the inspection if the defendant demonstrates compliance with each of specified requirements. Curent law includes in these specified requirements that the inspection predates the filing of the claim by, or receipt of a demand letter from, the plaintiff, as specified, and that the defendant was not on notice of the alleged violation before the CASp inspection. This bill would establish, until January 1, 2034, the Small Business Right to Cure Program and would prohibit a defendant who qualifies for the program from being liable for minimum statutory damages for any construction-related accessibility claim for a period of 6 years following a CASp report, as provided. To qualify for the program, the bill would require the defendant to demonstrate specified conditions, among others, that the defendant has posted, as provided, both the CASp inspection notice and a Notice of Participation in the Small Business Right to Cure Program, as defined. The bill would authorize the State Architect to develop, as specified, a form Notice of Participation in the Small Business Right to Cure Program, and would authorize a business to satisfy any requirement to provide the notice by providing a specified written statement until and unless the State Architect promulgates the form. |