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

Current Text: Amended: 3/24/2025 html pdf
Last Amend: 3/24/2025
Status: 3/25/2025-Re-referred to Com. on JUD.
Location: 3/24/2025-A. JUD.
Summary: 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. Current 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 require that a defendant who has received a CASp inspection and has
corrected all construction-related violations in the structure or area inspected by the CASp that are
noted in the CASp report, for a period of 10 years, as specified, be granted a period of 120 days,
except as provided, to correct any alleged construction-related violation in a construction-related
accessibility claim for statutory damages, and would require that the defendant be eligible to recover
reasonable attorney’s fees and other costs from the plaintiff for any construction-related accessibility
claim brought during the 10-year period, if the defendant demonstrates specified conditions. The bill
would include in these conditions, among others, that the inspection and correction of all construction related violations 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.