SB 84 - Prohibits Construction-Related Accessibility Claims for Statutory Damages Against a Defendant with 50 or Fewer Employees Unless the Defendant has Been Served with a Letter Specifying the Violation and the Violations Have Not Been Corrected Within 120 Days - California Key Vote

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Title: Prohibits Construction-Related Accessibility Claims for Statutory Damages Against a Defendant with 50 or Fewer Employees Unless the Defendant has Been Served with a Letter Specifying the Violation and the Violations Have Not Been Corrected Within 120 Days

Vote Smart's Synopsis:

Vote to pass a bill that prohibits initiating legal proceedings for a construction related accessibility claim for statutory damages against a defendant who employs 50 or fewer people unless the defendant has been served a letter specifying each violation and the violations have not been corrected within 120 days.

Highlights:

  • Prohibits construction-related accessibility claims for statutory damages against a defendant in California unless the defendant has been notified in writing of alleged violations and has not taken corrective action within 120 days (Sec. 1).

  • Specifies that defendants shall not be liable for plaintiffs’ legal fees or other costs should corrective action be taken within 120 days (Sec. 1). 

  • Specifies that plaintiffs may not circumvent the aforementioned provisions by claiming that they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990 (Sec. 1).

  • Specifies that the aforementioned provisions shall only apply to defendants who employ 50 or fewer employees (Sec. 1).

Title: Prohibits Construction-Related Accessibility Claims for Statutory Damages Against a Defendant with 50 or Fewer Employees Unless the Defendant has Been Served with a Letter Specifying the Violation and the Violations Have Not Been Corrected Within 120 Days

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