SB 84: Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. Existing 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. Existing 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. 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.

Sponsors

Sponsors by party (alphabetical): Democratic 21 · Republican 4

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. June 18, 2025From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
2. June 16, 2025Referred to Coms. on JUD. and APPR.
3. June 5, 2025In Assembly. Read first time. Held at Desk.
4. June 4, 2025Read third time. Passed. (Ayes 34. Noes 2. Page 1498.) Ordered to the Assembly.
5. May 27, 2025Read second time. Ordered to third reading.
6. May 23, 2025Read second time and amended. Ordered to second reading.
7. May 23, 2025From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1191.) (May 23).
8. May 16, 2025Set for hearing May 23.
9. May 5, 2025May 5 hearing: Placed on APPR. suspense file.
10. April 25, 2025Set for hearing May 5.
11. April 23, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 833.) (April 22). Re-referred to Com. on APPR.
12. April 3, 2025Set for hearing April 22.