SB 84 (Niello R) Disability access: construction-related accessibility claims: notice of violation
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(Niello R) Disability access: construction-related accessibility claims: notice of violation and opportunity to correct. |
Position: Watch
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Introduced: 1/17/2025 |
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Last Amend: 6/18/2025 |
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Status: 7/17/2025-Failed Deadline pursuant to Rule 61(a)(10). (Last location was JUD. on 6/16/2025)(May be acted upon Jan 2026) |
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Location: 7/17/2025-A. 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 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. 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. |