SB 585 – Disability Access Litigation

On February 15, 2023, Senate Bill 585 (Niello) was introduced regarding disability access litigation and would add Civil Code Section 55.565. This bill would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant until the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard and given 120 days to correct the alleged violation.

First, a construction-related accessibility claim for statutory damages would have to be initiated in a legal proceeding against a defendant only if (1) the defendant has been served with a demand letter specifying each alleged violation of a construction-related accessibility standard, and (2) the alleged violations of construction-related accessibility standards have not been corrected within 120 days of service of the demand letter.

Second, a defendant would not be liable for statutory damages, plaintiff’s attorney’s fees, or costs for an alleged violation of a construction-related accessibility standard that is corrected within 120 days of service of a demand letter alleging the violation.

Third, a plaintiff would not be allowed to circumvent the above provisions by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990, and not damages for a construction-related accessibility claim, if the underlying basis of the claim is the defendant’s alleged failure to comply with physical accessibility standards under this part.