SB 84 (Niello R) Disability access: construction-related accessibility claims: notice of violation

Current Text: Amended: 6/18/2025 
Last Amend: 6/18/2025
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)
Location: 7/17/2025-A. 2 YEAR
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 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 constructionrelated
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.