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OH HB271
Bill
Status
12/12/2018
Primary Sponsor
Michael Henne
Click for details
AI Summary
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Enacts Ohio Revised Code section 4112.16 to establish a pre-litigation notice requirement for alleged accessibility law violations, requiring parties to notify property owners by personal service or certified mail before filing civil actions.
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Property owners have 15 business days to respond by either: (1) agreeing to make improvements within 60 days, (2) challenging the validity of alleged violations, or (3) claiming violations have already been corrected with supporting evidence.
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Plaintiffs who serve proper notice and prevail in civil actions are entitled to recover reasonable attorney's fees, unless they sued before an extension period expired and the defendant later made improvements and provided reasonable justification for the delay.
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Plaintiffs who fail to serve pre-litigation notice are not entitled to attorney's fees unless the trial court determines fees are appropriate based on the nature, willfulness, duration, or severity of the violations.
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Property owners who make improvements within 60 days or provide reasonable extension explanations cannot have their response admission used as evidence in future actions involving the same facts.
Legislative Description
Give notice before action for access; allow attorney's fees
Health and Human Services : Mental Health and Disabilities
Last Action
Passed
12/12/2018