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

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 |Add To My Favorites |Track Bill | Version: 06/18/25 - Amended Assembly
 05/23/25 - Amended Senate
 04/02/25 - Amended Senate
 01/17/25 - Introduced

 SB-84 Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.(2025-2026)

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 Date Published: 06/18/2025 09:00 PM

SB84:v96#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 June 18, 2025

 Amended
 IN 
 Senate
 May 23, 2025

 Amended
 IN 
 Senate
 April 02, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Senate Bill

No. 84

Introduced by Senators Niello, Ashby, Caballero, and Pérez Pérez, and Wahab
(Principal coauthor: Assembly Member Castillo)
(Coauthors: Senators Allen, Archuleta, Becker, Blakespear, Cabaldon, Gonzalez, Limón, McNerney, Ochoa Bogh, Padilla, Rubio, and Seyarto Seyarto, Stern, Umberg, and Wiener)
(Coauthors: Assembly Members Irwin, Nguyen, Pacheco, and Ransom)

January 17, 2025

An act to amend Section 55.56 of the Civil Code, relating to disability access. 

LEGISLATIVE COUNSEL'S DIGEST

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

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.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 NO 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 55.56 of the Civil Code is amended to read:

55.56.

 (a) Statutory damages under either subdivision (a) of Section 52 or subdivision (a) of Section 54.3 may be recovered in a construction-related accessibility claim against a place of public accommodation only if a violation or violations of one or more construction-related accessibility standards denied the plaintiff full and equal access to the place of public accommodation on a particular occasion.

(b) A plaintiff is denied full and equal access only if the plaintiff personally encountered the violation on a particular occasion, or the plaintiff was deterred from accessing a place of public accommodation on a particular occasion.

(c) A violation personally encountered by a plaintiff may be sufficient to cause a denial of full and equal access if the plaintiff experienced difficulty, discomfort, or embarrassment because of the violation.

(d) A plaintiff demonstrates that the plaintiff was deterred from accessing a place of public accommodation on a particular occasion only if both of the following apply:

(1) The plaintiff had actual knowledge of a violation or violations that prevented or reasonably dissuaded the plaintiff from accessing a place of public accommodation that the plaintiff intended to use on a particula