AB 649 (Lowenthal D) Disability access: construction-related accessibility claim.

Current Text: Amended: 5/12/2025
Last Amend: 5/12/2025
Status: 6/3/2025-In Senate. Read first time. To Com. on RLS. for assignment.
Location: 6/3/2025-S. RLS.
Summary: Current law prohibits discrimination on the basis of various specified personal
characteristics, including disability. Current law imposes minimum statutory damages for constructionrelated
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.