Amended IN Senate May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 585Introduced by Senator NielloFebruary 15, 2023An act to add Section 55.565 to the Civil Code, relating to disability access. LEGISLATIVE COUNSEL'S DIGESTSB 585, as amended, Niello. Disability access: construction-related accessibility claims: statutory damages: attorneys fees and costs.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, including by causing difficulty, discomfort, or embarrassment. Existing law, for claims filed on or after a specified date, presumes that certain technical violations do not cause a person difficulty, discomfort, or embarrassment for these purposes if specified criteria are satisfied. Existing law limits a defendants liability for statutory damages under specified conditions, including if a defendant 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, until the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and given 120 days to correct the alleged violation. The bill would provide that a defendant is not liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation that is corrected within 120 days of service of a demand 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 defendants failure to comply with physical accessibility standards under California law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 55.565 is added to the Civil Code, to read:55.565. (a) Notwithstanding any other law, a construction-related accessibility claim for statutory damages shall be initiated in a legal proceeding against a defendant only if both of the following apply:(1) The defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard.(2) The alleged violations of construction-related accessibility standards have not been corrected within 120 days of service of the demand letter.(b) Service of a demand letter pursuant to this section may be accomplished by mail to the defendant pursuant to Section 415.30 of the Code of Civil Procedure, by personal delivery to the defendant pursuant to Section 415.10 of the Code of Civil Procedure, or by any other means authorized for service of a summons.(c) A defendant shall not be liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation of a construction-related accessibility standard that is corrected within 120 days of service of a demand letter alleging the violation.(d) A plaintiff shall not be permitted to circumvent the requirements of subdivision (a) and the limitations on liability under subdivision (c) by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990, and not damages for a construction-related accessibility claim, if the underlying basis of the claim is the defendants alleged failure to comply with physical accessibility standards under this part.(e) This section shall apply to any defendant who employs 50 or fewer individuals as of the date of the receipt of the letter described in paragraph (1) of subdivision (a) or for any period over the past three years from the date of the receipt of the letter described in paragraph (1) of subdivision (a).
Amended IN Senate May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 585Introduced by Senator NielloFebruary 15, 2023An act to add Section 55.565 to the Civil Code, relating to disability access. LEGISLATIVE COUNSEL'S DIGESTSB 585, as amended, Niello. Disability access: construction-related accessibility claims: statutory damages: attorneys fees and costs.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, including by causing difficulty, discomfort, or embarrassment. Existing law, for claims filed on or after a specified date, presumes that certain technical violations do not cause a person difficulty, discomfort, or embarrassment for these purposes if specified criteria are satisfied. Existing law limits a defendants liability for statutory damages under specified conditions, including if a defendant 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, until the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and given 120 days to correct the alleged violation. The bill would provide that a defendant is not liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation that is corrected within 120 days of service of a demand 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 defendants failure to comply with physical accessibility standards under California law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate May 18, 2023
Amended IN Senate May 18, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 585
Introduced by Senator NielloFebruary 15, 2023
Introduced by Senator Niello
February 15, 2023
An act to add Section 55.565 to the Civil Code, relating to disability access.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 585, as amended, Niello. Disability access: construction-related accessibility claims: statutory damages: attorneys fees and costs.
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, including by causing difficulty, discomfort, or embarrassment. Existing law, for claims filed on or after a specified date, presumes that certain technical violations do not cause a person difficulty, discomfort, or embarrassment for these purposes if specified criteria are satisfied. Existing law limits a defendants liability for statutory damages under specified conditions, including if a defendant 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, until the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and given 120 days to correct the alleged violation. The bill would provide that a defendant is not liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation that is corrected within 120 days of service of a demand 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 defendants failure to comply with physical accessibility standards under California law.
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, including by causing difficulty, discomfort, or embarrassment. Existing law, for claims filed on or after a specified date, presumes that certain technical violations do not cause a person difficulty, discomfort, or embarrassment for these purposes if specified criteria are satisfied. Existing law limits a defendants liability for statutory damages under specified conditions, including if a defendant 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, until the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and given 120 days to correct the alleged violation. The bill would provide that a defendant is not liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation that is corrected within 120 days of service of a demand 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 defendants failure to comply with physical accessibility standards under California law.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 55.565 is added to the Civil Code, to read:55.565. (a) Notwithstanding any other law, a construction-related accessibility claim for statutory damages shall be initiated in a legal proceeding against a defendant only if both of the following apply:(1) The defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard.(2) The alleged violations of construction-related accessibility standards have not been corrected within 120 days of service of the demand letter.(b) Service of a demand letter pursuant to this section may be accomplished by mail to the defendant pursuant to Section 415.30 of the Code of Civil Procedure, by personal delivery to the defendant pursuant to Section 415.10 of the Code of Civil Procedure, or by any other means authorized for service of a summons.(c) A defendant shall not be liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation of a construction-related accessibility standard that is corrected within 120 days of service of a demand letter alleging the violation.(d) A plaintiff shall not be permitted to circumvent the requirements of subdivision (a) and the limitations on liability under subdivision (c) by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990, and not damages for a construction-related accessibility claim, if the underlying basis of the claim is the defendants alleged failure to comply with physical accessibility standards under this part.(e) This section shall apply to any defendant who employs 50 or fewer individuals as of the date of the receipt of the letter described in paragraph (1) of subdivision (a) or for any period over the past three years from the date of the receipt of the letter described in paragraph (1) of subdivision (a).
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 55.565 is added to the Civil Code, to read:55.565. (a) Notwithstanding any other law, a construction-related accessibility claim for statutory damages shall be initiated in a legal proceeding against a defendant only if both of the following apply:(1) The defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard.(2) The alleged violations of construction-related accessibility standards have not been corrected within 120 days of service of the demand letter.(b) Service of a demand letter pursuant to this section may be accomplished by mail to the defendant pursuant to Section 415.30 of the Code of Civil Procedure, by personal delivery to the defendant pursuant to Section 415.10 of the Code of Civil Procedure, or by any other means authorized for service of a summons.(c) A defendant shall not be liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation of a construction-related accessibility standard that is corrected within 120 days of service of a demand letter alleging the violation.(d) A plaintiff shall not be permitted to circumvent the requirements of subdivision (a) and the limitations on liability under subdivision (c) by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990, and not damages for a construction-related accessibility claim, if the underlying basis of the claim is the defendants alleged failure to comply with physical accessibility standards under this part.(e) This section shall apply to any defendant who employs 50 or fewer individuals as of the date of the receipt of the letter described in paragraph (1) of subdivision (a) or for any period over the past three years from the date of the receipt of the letter described in paragraph (1) of subdivision (a).
SECTION 1. Section 55.565 is added to the Civil Code, to read:
### SECTION 1.
55.565. (a) Notwithstanding any other law, a construction-related accessibility claim for statutory damages shall be initiated in a legal proceeding against a defendant only if both of the following apply:(1) The defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard.(2) The alleged violations of construction-related accessibility standards have not been corrected within 120 days of service of the demand letter.(b) Service of a demand letter pursuant to this section may be accomplished by mail to the defendant pursuant to Section 415.30 of the Code of Civil Procedure, by personal delivery to the defendant pursuant to Section 415.10 of the Code of Civil Procedure, or by any other means authorized for service of a summons.(c) A defendant shall not be liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation of a construction-related accessibility standard that is corrected within 120 days of service of a demand letter alleging the violation.(d) A plaintiff shall not be permitted to circumvent the requirements of subdivision (a) and the limitations on liability under subdivision (c) by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990, and not damages for a construction-related accessibility claim, if the underlying basis of the claim is the defendants alleged failure to comply with physical accessibility standards under this part.(e) This section shall apply to any defendant who employs 50 or fewer individuals as of the date of the receipt of the letter described in paragraph (1) of subdivision (a) or for any period over the past three years from the date of the receipt of the letter described in paragraph (1) of subdivision (a).
55.565. (a) Notwithstanding any other law, a construction-related accessibility claim for statutory damages shall be initiated in a legal proceeding against a defendant only if both of the following apply:(1) The defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard.(2) The alleged violations of construction-related accessibility standards have not been corrected within 120 days of service of the demand letter.(b) Service of a demand letter pursuant to this section may be accomplished by mail to the defendant pursuant to Section 415.30 of the Code of Civil Procedure, by personal delivery to the defendant pursuant to Section 415.10 of the Code of Civil Procedure, or by any other means authorized for service of a summons.(c) A defendant shall not be liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation of a construction-related accessibility standard that is corrected within 120 days of service of a demand letter alleging the violation.(d) A plaintiff shall not be permitted to circumvent the requirements of subdivision (a) and the limitations on liability under subdivision (c) by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990, and not damages for a construction-related accessibility claim, if the underlying basis of the claim is the defendants alleged failure to comply with physical accessibility standards under this part.(e) This section shall apply to any defendant who employs 50 or fewer individuals as of the date of the receipt of the letter described in paragraph (1) of subdivision (a) or for any period over the past three years from the date of the receipt of the letter described in paragraph (1) of subdivision (a).
55.565. (a) Notwithstanding any other law, a construction-related accessibility claim for statutory damages shall be initiated in a legal proceeding against a defendant only if both of the following apply:(1) The defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard.(2) The alleged violations of construction-related accessibility standards have not been corrected within 120 days of service of the demand letter.(b) Service of a demand letter pursuant to this section may be accomplished by mail to the defendant pursuant to Section 415.30 of the Code of Civil Procedure, by personal delivery to the defendant pursuant to Section 415.10 of the Code of Civil Procedure, or by any other means authorized for service of a summons.(c) A defendant shall not be liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation of a construction-related accessibility standard that is corrected within 120 days of service of a demand letter alleging the violation.(d) A plaintiff shall not be permitted to circumvent the requirements of subdivision (a) and the limitations on liability under subdivision (c) by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990, and not damages for a construction-related accessibility claim, if the underlying basis of the claim is the defendants alleged failure to comply with physical accessibility standards under this part.(e) This section shall apply to any defendant who employs 50 or fewer individuals as of the date of the receipt of the letter described in paragraph (1) of subdivision (a) or for any period over the past three years from the date of the receipt of the letter described in paragraph (1) of subdivision (a).
55.565. (a) Notwithstanding any other law, a construction-related accessibility claim for statutory damages shall be initiated in a legal proceeding against a defendant only if both of the following apply:
(1) The defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard.
(2) The alleged violations of construction-related accessibility standards have not been corrected within 120 days of service of the demand letter.
(b) Service of a demand letter pursuant to this section may be accomplished by mail to the defendant pursuant to Section 415.30 of the Code of Civil Procedure, by personal delivery to the defendant pursuant to Section 415.10 of the Code of Civil Procedure, or by any other means authorized for service of a summons.
(c) A defendant shall not be liable for statutory damages, plaintiffs attorneys fees, or costs for an alleged violation of a construction-related accessibility standard that is corrected within 120 days of service of a demand letter alleging the violation.
(d) A plaintiff shall not be permitted to circumvent the requirements of subdivision (a) and the limitations on liability under subdivision (c) by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990, and not damages for a construction-related accessibility claim, if the underlying basis of the claim is the defendants alleged failure to comply with physical accessibility standards under this part.
(e) This section shall apply to any defendant who employs 50 or fewer individuals as of the date of the receipt of the letter described in paragraph (1) of subdivision (a) or for any period over the past three years from the date of the receipt of the letter described in paragraph (1) of subdivision (a).