SB 585 (Niello R) Disability access: construction-related accessibility claims: statutory damages: attorney’s fees and costs.

Current Text: Amended: 5/18/2023 

Last Amend: 5/18/2023

Status: 7/2/2024-Failed Deadline pursuant to Rule 61(b)(13). (Last location was JUD. on 6/8/2023)

Location: 7/2/2024-A. DEAD

Summary: 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, until the defendant has been served with a letter specifying each alleged violation of a constructionrelated accessibility standard and given 120 days to correct the alleged violation. 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.