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OH HB271

Bill

Status

Enrolled

12/12/2018

Primary Sponsor

Michael Henne

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Origin

House of Representatives

132nd General Assembly (2017-2018)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary3/21/2018
Civil Justice6/20/2017

Full Bill Text

No bill text available