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CA AB1848
Bill
Status
2/19/2014
Primary Sponsor
Michael Allen
Click for details
AI Summary
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Requires alleged aggrieved parties to provide written notice to property owners at least 30 days before filing a construction-related accessibility claim against a place of public accommodation.
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Notice must describe the alleged accessibility violation with sufficient specificity to allow a reasonable person to identify the basis of the claim and must warn that civil liability for actual and statutory damages may result if barriers are not removed within 30 days.
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A written demand letter offering prelitigation settlement negotiations, provided within the 30-day notice period and meeting specificity requirements, satisfies the bill's notice requirement.
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Statutory damages may only be recovered if access barriers constituting the basis of the construction-related accessibility claim have not been removed following the required notification.
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Preserves existing law allowing minimum statutory damages of $1,000 per offense for defendants who correct violations within 60 days of complaint service, and $2,000 per offense for small businesses correcting violations within 30 days.
Legislative Description
Public accommodations: construction-related accessibility claims: notice.
Last Action
From committee without further action pursuant to Joint Rule 62(a).
6/4/2014