Michigan House Bill HB4498

Michigan 2023-2024 Regular Session

• Introduced: 5/2/23
• Refer: 5/2/23

Caption

Civil rights: disabilities discrimination; civil actions under the persons with disabilities civil rights act; require pre-suit notice and provide an opportunity to comply. Amends sec. 606 of 1976 PA 220 (MCL 37.1606) & adds sec. 606a.

Impact

This legislative change is expected to impact how accessibility law violations are addressed in Michigan. By mandating that individuals notify facility owners or responsible parties of alleged violations, the bill seeks to allow those parties a 120-day window to rectify any issues before a lawsuit can be filed. This amendment may streamline the remediation process, promoting accessibility improvements while potentially reducing the burden of litigation on courts and defendants alike.

Summary

House Bill 4498 seeks to amend the Persons with Disabilities Civil Rights Act of 1976 in Michigan, specifically enhancing the process surrounding civil actions regarding accessibility law violations. The bill introduces a pre-suit notice requirement, whereby individuals alleging violations must first notify the responsible parties, providing them with a chance to comply before any legal action can ensue. This aims to create a more cooperative environment that could potentially lead to quicker resolutions without necessitating litigation.

Contention

However, the bill's introduction has not been without controversy. Critics argue that the added step of requiring notice may delay justice for individuals with disabilities who encounter violations. They express concern that while owners are given an opportunity to comply, this might also open avenues for non-compliance tactics or prolong the time it takes for necessary improvements to be made for the accessibility of public facilities. Supporters, meanwhile, believe it establishes a balanced approach that respects the rights of all parties involved while promoting compliance.