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CA AB649
Bill
Status
6/2/2025
Primary Sponsor
Josh Lowenthal
Click for details
AI Summary
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Establishes the Small Business Right to Cure Program (effective until January 1, 2034) protecting qualifying small businesses with 25 or fewer employees from minimum statutory damages in construction-related accessibility claims for 6 years following a Certified Access Specialist (CASp) inspection, provided they correct violations within 120-180 days of notification
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Requires participating businesses to post both a CASp inspection notice and a Notice of Participation in the Small Business Right to Cure Program, and to make CASp reports available for public inspection within 72 hours of request
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Prohibits assessing attorney's fees or costs against plaintiffs in disability access cases unless the court finds the claim was frivolous, unreasonable, or groundless
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Presumes commercial property owners/lessors are financially responsible for correcting accessibility violations noted in CASp reports and in common areas, and voids lease provisions shifting this responsibility to tenants if owners fail to comply with disclosure requirements
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Requires attorneys to report to the California Commission on Disability Access whether defendants used the Small Business Right to Cure Program, and mandates the commission to include program participation data in annual legislative reports beginning July 1, 2027
Legislative Description
Disability access: construction-related accessibility claim.
Last Action
In committee: Hearing postponed by committee.
7/14/2025