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<ns0:Id>20250AB__064997AMD</ns0:Id>
<ns0:VersionNum>97</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-13</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-03-24</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-05-12</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>649</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Lowenthal</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthors: Assembly Members Dixon, Macedo, Pacheco, and Sanchez)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Lowenthal</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Dixon</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Macedo</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Pacheco</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Sanchez</ns0:Name>
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<ns0:Title> An act to amend Sections 55 and 1938 of, to amend, repeal, and add Sections 55.32, 55.53, and 55.56 of, and to add Section 55.4 to, the Civil Code, to amend, repeal, and add Section 14985.8 of the Government Code, and to amend Section 19953 of the Health and Safety Code, relating to disability access. </ns0:Title>
<ns0:RelatingClause>disability access</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Disability access: construction-related accessibility claim.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. Existing law imposes minimum statutory damages for construction-related accessibility claims if the violation of a construction-related accessibility standard denied the plaintiff full and equal access to the place of public accommodation on a particular occasion, as specified.
Existing law provides that a plaintiff demonstrates that the plaintiff was deterred from accessing a place of public accommodation on a particular occasion only if both (1) the plaintiff had actual knowledge of a violation, as specified, and (2) the violation would have actually denied the plaintiff full and equal access, as specified. Existing law authorizes the assessment of statutory damages under these provisions based on each particular occasion that the plaintiff was denied full and equal access, as specified, not upon the number of violations of construction-related accessibility standards.
</html:p>
<html:p>Existing law prohibits a defendant from being liable for minimum statutory damages in a construction-related accessibility claim, with respect to a violation noted in a report by a certified access specialist (CASp), for a period of 120 days following the date of the inspection if the defendant demonstrates compliance with each of specified requirements. Existing law
includes in these specified requirements that the inspection predates the filing of the claim by, or receipt of a demand letter from, the plaintiff, as specified, and that the defendant was not on notice of the alleged violation before the CASp inspection.</html:p>
<html:p>This bill would establish, until January 1, 2034, the Small Business Right to Cure Program and would prohibit a defendant who qualifies for the program from being liable for minimum statutory damages for any construction-related accessibility claim for a period of 6 years following a CASp report, as provided. To qualify for the program, the bill would require the defendant
to demonstrate specified conditions, among others, that the defendant has posted, as provided, both the CASp inspection notice and a Notice of Participation in the Small Business Right to Cure Program, as defined. The bill would authorize the State Architect to develop, as specified, a form Notice of Participation in the Small Business Right to Cure Program, and would authorize a business to satisfy any requirement to provide the notice by providing a specified written statement until and unless the State Architect promulgates the form. The bill would
require a public accommodation that participates in the program to make available specified documents for public inspection, including the CASp report that is the basis for the public accommodation asserting that it qualifies for the program. The bill would provide that no provision of the program applies under any of specified conditions, including that the plaintiff or prospective plaintiff alleges an intentional violation of any state or federal disability rights law, a violation related to policies, practices, or procedures, or seeks special damages that arise from physical personal injuries or damage to personal property.</html:p>
<html:p>Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating
business compliance with applicable state and federal laws and regulations. Existing law requires an attorney who sends or serves a complaint on the basis of one or more construction-related accessibility claims, as specified, to notify the commission, as provided, of specified information, including, among other requirements, the date of the judgment, settlement, or dismissal. Existing law requires the commission to make an annual report to the Legislature of tabulated data relating to the various types of construction-related physical access violations alleged in demand letters and complaints by January 31 of each year.</html:p>
<html:p>This bill would, until January 1, 2034, additionally require an attorney to include in the above-described notification to the commission whether the defendant qualified for and used the Small Business Notice and Right to Cure Program. The
bill would require the commission, beginning on or before July 1, 2027, and until January 1, 2034, to include in the above-described annual report information about the number of businesses that participate in the Small Business Notice and Right to Cure Program.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Unfair Competition Law makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified.
</html:p>
<html:p>This bill would provide that a person who posts a specified notice, including a Notice of Participation in the Small Business Right to Cure Program on the premises of a place of public accommodation, or authorizes the document to remain posted on the premises, and knows or should know that the document is inauthentic, materially inaccurate, or that the place of public accommodation does not qualify for the applicable program or other
limitation on liability provided by law shall be subject to enforcement under the Unfair Competition Law.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to housing accommodations and the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, public facilities, and other public places. Existing law requires places of public amusement and resort, including theaters, concert halls, and stadiums, to provide, among other things, seating or accommodations for physically disabled persons. Existing law authorizes a person who is aggrieved or potentially aggrieved by a violation of specified provisions of law to bring an action to enjoin the violation. Existing law entitles the prevailing party in these actions to recover reasonable attorney’s fees.
</html:p>
<html:p>This bill would prohibit assessing a
prevailing defendant’s attorney’s fees or costs in these actions unless a court finds that the plaintiff’s claim was frivolous, unreasonable, or groundless, as specified.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law requires a property owner or lessor to state on every lease form or rental agreement whether the subject premises have undergone inspection by a CASp. Existing law provides that making repairs or modifications necessary to correct violations of construction-related accessibility standards that are noted in a CASp report is presumed to be the responsibility of the property owner or lessor unless otherwise mutually agreed upon by the commercial property owner or lessor and the lessee or tenant, as prescribed.
</html:p>
<html:p>This bill would extend the above-described presumption to include repairs or modifications necessary to
correct violations of construction-related accessibility standards in the common area of a commercial property. In the event that a commercial property owner fails to comply with specified requirements in relation to certain lease agreements, the bill would make void and unenforceable an indemnity provision or contractual agreement that seeks to shift the financial responsibility for construction-related accessibility violations from the commercial property owner or lessor to the lessee or tenant within a lease for a commercial property.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_03E28F86-D50A-4FA5-8872-19FD7E32677B">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 55 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Num>55.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Any person who is aggrieved or potentially aggrieved by a violation of Section 54 or 54.1 of this code, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code may bring an action to enjoin the violation. The prevailing party in the action shall be entitled to recover reasonable attorney’s fees.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A plaintiff shall not be assessed a prevailing
defendant’s attorney’s fees or costs unless a court finds that the plaintiff’s claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it became clear that the claim was frivolous, unreasonable, or groundless.
</html:p>
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<ns0:BillSection id="id_EA0B5585-3F9A-4388-BC08-EADBF09EFBE0">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 55.32 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_DBD0636F-5DC2-4F7C-9F1A-BD1C0F794289">
<ns0:Num>55.32.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
An attorney who provides a demand letter, as defined in subdivision (a) of Section 55.3, shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Include the attorney’s State Bar license number in the demand letter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within five business days of providing the demand letter, send a copy of the demand letter, and submit information about the demand letter in a standard format specified by the California Commission on Disability Access on the commission’s internet website pursuant to Section 14985.8 of the Government Code, to the commission.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An attorney who sends or serves a complaint, as defined in subdivision (a) of Section 55.3, or a complaint
alleging that an internet website is not accessible, shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access on the commission’s internet website pursuant to Section 14985.8 of the Government Code to the commission within five business days of sending or serving the complaint.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission on the commission’s internet website pursuant to Section 14985.8 of the Government Code:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The date of the judgment, settlement, or dismissal.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether or not the construction-related accessibility violations or accessibility violations related to an internet website alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint or provided a demand letter, as defined by Section 55.3.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the construction-related accessibility violations or accessibility violations related to an internet website alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint or provided a demand letter, as defined by Section 55.3, whether or not another favorable result was achieved after the plaintiff filed the complaint or provided the demand letter.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Whether or not the defendant submitted an application for an early evaluation conference and stay pursuant to Section 55.54, whether the defendant
requested a site inspection of an alleged construction-related accessibility violation, the date of any early evaluation conference, and the date of any site inspection of an alleged construction-related accessibility violation.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Whether the defendant qualified for and used the Small Business Notice and Right to Cure Program established pursuant to paragraph (4) of subdivision (g) of Section 55.56.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the demand letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access in the standard format specified on the commission’s internet website pursuant to Section 14985.8
of the Government Code within five business days. In the event the State Bar receives information indicating that an attorney has failed to send a copy of the demand letter, complaint, or notification of a case outcome to the California Commission on Disability Access in the standard format specified on the commission’s internet website pursuant to Section 14985.8 of the Government Code within five business days, the State Bar shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent demand letter or amended complaint in the same dispute following the initial demand letter or complaint, unless that subsequent demand letter or amended complaint alleges a new construction-related accessibility claim.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A demand letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 14985.8 of the Government Code. A demand letter received by the State Bar from the recipient of the demand letter shall be reviewed by the State Bar to determine whether subdivision (b) or (c) of Section 55.31 has been violated.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 10231.5 of the Government Code, and annually as part of the Annual Discipline Report, the State Bar shall report to the Legislature and the Chairs of the Senate and Assembly Judiciary Committees, both of the following with respect to demand letters received by the State Bar:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of investigations opened to date on a suspected violation of subdivision (b) or (c) of Section
55.31.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether any disciplinary action resulted from the investigation, and the results of that disciplinary action.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The California Commission on Disability Access shall review and report on the demand letters, complaints, and notifications of case outcomes it receives as provided in Section 14985.8 of the Government Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The expiration of any ground for discipline of an attorney shall not affect the imposition of discipline for any act prior to the expiration. An act or omission that constituted cause for imposition of discipline of an attorney when committed or omitted prior to January 1, 2019, shall
continue to constitute cause for the imposition of discipline of that attorney on and after January 1, 2019.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a demand letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the
resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 55.32 is added to the
<ns0:DocName>Civil Code</ns0:DocName>
, to read:
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<ns0:Num>55.32.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An attorney who provides a demand letter, as defined in subdivision (a) of Section 55.3, shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Include the attorney’s State Bar license number in the demand letter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within five business days of providing the demand letter, send a copy of the demand letter, and submit information about the demand letter in a standard format specified by the California Commission on Disability Access on the commission’s internet website pursuant to Section 14985.8 of the Government Code, to the commission.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An attorney who sends or serves a complaint, as defined in subdivision (a) of Section 55.3, or a complaint
alleging that an internet website is not accessible, shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access on the commission’s internet website pursuant to Section 14985.8 of the Government Code to the commission within five business days of sending or serving the complaint.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission on the commission’s internet website pursuant to Section 14985.8 of the Government Code:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The date of the judgment, settlement, or dismissal.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether or not the construction-related accessibility violations or accessibility violations related to an internet website alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint or provided a demand letter, as defined by Section 55.3.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the construction-related accessibility violations or accessibility violations related to an internet website alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint or provided a demand letter, as defined by Section 55.3, whether or not another favorable result was achieved after the plaintiff filed the complaint or provided the demand letter.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Whether or not the defendant submitted an application for an early evaluation conference and stay pursuant to Section 55.54, whether the defendant
requested a site inspection of an alleged construction-related accessibility violation, the date of any early evaluation conference, and the date of any site inspection of an alleged construction-related accessibility violation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the demand letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access in the standard format specified on the commission’s internet website pursuant to Section 14985.8 of the Government Code within five business days. In the event the State Bar receives information indicating that an attorney has failed to send a copy of the demand letter, complaint, or notification of a case outcome to the California Commission on Disability Access in the standard format specified on the commission’s internet website pursuant to
Section 14985.8 of the Government Code within five business days, the State Bar shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent demand letter or amended complaint in the same dispute following the initial demand letter or complaint, unless that subsequent demand letter or amended complaint alleges a new construction-related accessibility claim.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A demand letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 14985.8 of the Government Code. A demand letter received by the State Bar from the recipient of the demand letter shall be reviewed by the State Bar to determine
whether subdivision (b) or (c) of Section 55.31 has been violated.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 10231.5 of the Government Code, and annually as part of the Annual Discipline Report, the State Bar shall report to the Legislature and the Chairs of the Senate and Assembly Judiciary Committees, both of the following with respect to demand letters received by the State Bar:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of investigations opened to date on a suspected violation of subdivision (b) or (c) of Section 55.31.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether any disciplinary action resulted from the investigation, and the results of that disciplinary action.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government
Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The California Commission on Disability Access shall review and report on the demand letters, complaints, and notifications of case outcomes it receives as provided in Section 14985.8 of the Government Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The expiration of any ground for discipline of an attorney shall not affect the imposition of discipline for any act prior to the expiration. An act or omission that constituted cause for imposition of discipline of an attorney when committed or omitted prior to January 1, 2019, shall continue to constitute cause for the imposition of discipline of that attorney on and after January 1, 2019.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a demand letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified
support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This
section shall become operative January 1, 2034.
</html:p>
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<ns0:BillSection id="id_F076AE19-EB57-4E14-BFD5-DF0352D9D211">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 55.4 is added to the
<ns0:DocName>Civil Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 55.32</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_FC8A8C1C-74E4-4D92-BF0C-A17FFFE31716">
<ns0:Num>55.4.</ns0:Num>
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<ns0:Content>
<html:p>This part does not express a legislative intent to maintain exclusive or preferred jurisdiction of the state courts over causes of action under Sections 51, 54, 54.1, or 55 of this code, or Section 19955.5 of the Health and Safety Code, including claims filed pursuant to Section 425.55 of the Code of Civil Procedure, for construction-related accessibility claims, as defined in Section 55.52, when those claims are triggered by, or related to, a violation of the federal Americans with Disabilities Act of 1990 (Public Law 101-336), but seek injunctive relief for the violations.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_71288518-3611-456C-886F-C1A53D2B8ED9">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 55.53 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E8B89A16-D737-4179-9D3B-37C26F8C6AED">
<ns0:Num>55.53.</ns0:Num>
<ns0:LawSectionVersion id="id_198ED5C6-A217-4BDF-8719-0ED7A9B741E2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this part, a certified access specialist shall, upon completion of the inspection of a site, comply with the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For a meets applicable standards site, if the CASp determines the site meets all applicable construction-related accessibility standards, the CASp shall provide a written inspection report to the requesting party that includes both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An identification and description of the inspected structures and areas of the site.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A signed and dated statement that includes both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A statement that, in
the opinion of the CASp, the inspected structures and areas of the site meet construction-related accessibility standards. The statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If corrections were made as a result of the CASp inspection, an itemized list of all corrections and dates of completion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For an inspected by a CASp site, if the CASp determines that corrections are needed to the site in order for the site to meet all applicable construction-related accessibility standards, the CASp shall provide a signed and dated written inspection report to the requesting party that includes all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An identification and description of the inspected structures and areas of the site.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The date of the inspection.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A statement that, in the opinion of the CASp, the inspected structures and areas of the site need correction to meet construction-related accessibility standards. This statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An identification and description of the structures or areas of the site that need correction and the correction needed.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A schedule of completion for each of the corrections within a reasonable timeframe.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The CASp shall provide, within 30 days of the date of the inspection of a business that qualifies for the provisions of subparagraph (A) of
paragraph (3) of subdivision (g) of Section 55.56, a copy of a report prepared pursuant to that subparagraph to the business.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The CASp shall file, within 10 days of inspecting a business pursuant to paragraph (3) or paragraph (4) of subdivision (g) of Section 55.56, a notice with the State Architect for listing on the State Architect’s internet website, as provided by subdivision (d) of Section 4459.7 of the Government Code, indicating that the CASp has inspected the business, the name and address of the business, the date of
the filing, the date of the inspection of the business, the name and license number of the CASp, and a description of the structure or area inspected by the CASp.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The CASp shall post a notice
in a form prescribed by the State Architect, in a conspicuous location within five feet of all public entrances to the building on the date of the inspection and instruct the business to keep it in place until the earlier of either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One hundred twenty days after the date of the inspection.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The date when all of the construction-related violations in the structure or area inspected by the CASp are corrected.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, in determining whether the site meets applicable construction-related accessibility standards when there is a conflict or difference between a state and federal provision, standard, or regulation, the state provision, standard, or regulation shall apply unless the federal provision, standard, or regulation is more protective of
accessibility rights.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Every CASp who conducts an inspection of a place of public accommodation shall, upon completing the inspection of the site, provide the building owner or tenant who requested the inspection with the following notice, which the State Architect shall make available as a form on the State Architect’s internet website:
</html:p>
<html:p>
<html:h1>NOTICE TO PRIVATE PROPERTY OWNER/TENANT:</html:h1>
</html:p>
<html:p>YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY WRITTEN INSPECTION REPORT AND ANY OTHER DOCUMENTATION CONCERNING YOUR PROPERTY SITE THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS SPECIALIST.</html:p>
<html:p>IF YOU BECOME A DEFENDANT IN A LAWSUIT
THAT INCLUDES A CLAIM CONCERNING A SITE INSPECTED BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY EVALUATION CONFERENCE.</html:p>
<html:p>IN ORDER TO REQUEST THE STAY AND EARLY EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND THE PLAINTIFF WITH THE COPY OF A WRITTEN INSPECTION REPORT BY THE CERTIFIED ACCESS SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION 55.54. THE APPLICATION FORM AND INFORMATION ON HOW TO REQUEST A STAY AND EARLY EVALUATION CONFERENCE MAY BE OBTAINED AT www.courts.ca.gov/selfhelp-start.htm.</html:p>
<html:p>YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED ACCESS SPECIALIST WHO HAS CONDUCTED AN INSPECTION OF YOUR PROPERTY, A WRITTEN INSPECTION REPORT AND OTHER DOCUMENTATION AS SET FORTH IN CIVIL CODE SECTION 55.53.
YOU ARE ALSO ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY POST ON YOUR PROPERTY.</html:p>
<html:br/>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are
certified access specialists.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing January 1, 2014, a local agency shall employ or retain a sufficient number of building inspectors who are certified access specialists to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction, including, but not limited to, projects relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a permit applicant or member of the public requests consultation from a certified access specialist, the local agency may charge an amount limited to a reasonable hourly rate, an
estimate of which shall be provided upon request in advance of the consultation. A local government may additionally charge or increase permitting, plan check, or inspection fees to the extent necessary to offset the costs of complying with this subdivision. Any revenues generated from an hourly or other charge or fee increase under this subdivision shall be used solely to offset the costs incurred to comply with this subdivision. A CASp inspection pursuant to subdivision (a) by a building inspector who is a certified access specialist shall be treated equally for legal and evidentiary purposes as an inspection conducted by a private CASp. Nothing in this subdivision shall preclude permit applicants or any other person with a legal interest in the property from retaining a private CASp at any time.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Every CASp who completes an inspection of a place of public accommodation shall, upon a determination that the site
meets applicable standards pursuant to paragraph (1) of subdivision (a) or is inspected by a CASp pursuant to paragraph (2) of subdivision (a), provide the building owner or tenant requesting the inspection with a numbered disability access inspection certificate indicating that the site has undergone inspection by a certified access specialist. The disability access inspection certificate shall be dated and signed by the CASp inspector, and shall contain the inspector’s name and license number. Upon issuance of a certificate, the CASp shall record the issuance of the numbered certificate, the name and address of the recipient, and the type of report issued pursuant to subdivision (a) in a record book the CASp shall maintain for that purpose.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Beginning March 1, 2009, the State Architect shall make available for purchase by any local building department or CASp sequentially numbered disability access inspection certificates that are printed
with a watermark or other feature to deter forgery and that comply with the information requirements specified in subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The disability access inspection certificate may be posted on the premises of the place of public accommodation, unless, following the date of inspection, the inspected site has been modified or construction has commenced to modify the inspected site in a way that may impact compliance with construction-related accessibility standards.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Nothing in this section or any other law is intended to require a property owner or tenant to hire a CASp. A property owner’s or tenant’s election not to hire a CASp shall not be admissible to prove that person’s lack of intent to comply with the law.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A CASp shall
not indicate in a CASp report that an inspection includes an assessment of readily achievable barrier removal for a feature or element or any other part of a facility that is a place of public accommodation that was within the scope of the CASp inspection, unless all of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The CASp is competent to conduct a readily achievable analysis as a result of relevant training or experience with, at a minimum, the factors to be considered in determining whether an action is readily achievable under Section 36.104 of Title 28 of the Code of Federal Regulations and the requirements and other provisions of Section 36.304 of Title 28 of the Code of Federal Regulations, as those sections read on January 1, 2025.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The CASp has assessed whether the feature or element of the structure or area of the place of accommodation that was within the scope of the CASp inspection is entitled to readily achievable defense based on the date of the building construction, any alterations or modifications, and federal and state law applicable to those features or elements.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The assessment of readily achievable barrier removal includes considerations of the date of the building construction, permit history, financial resources of the relevant entities in control of the public accommodation that determine whether or not the removal of a barrier is financially feasible considering the financial wherewithal of the entities, and typical use of the public accommodation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The CASp report lists all of the documents or representations that the CASp relied upon to make the assessment.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AA297B81-6678-4A84-8EC8-164E34E34772">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.52.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'55.53.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 55.53 is added to the
<ns0:DocName>Civil Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3D92E9FF-3A1D-4DB7-B12C-9C0134D2CE38">
<ns0:Num>55.53.</ns0:Num>
<ns0:LawSectionVersion id="id_D485B102-1907-4479-8BD5-6D6CD40D061D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this part, a certified access specialist shall, upon completion of the inspection of a site, comply with the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For a meets applicable standards site, if the CASp determines the site meets all applicable construction-related accessibility standards, the CASp shall provide a written inspection report to the requesting party that includes both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An identification and description of the inspected structures and areas of the site.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A signed and dated statement that includes both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A statement that, in
the opinion of the CASp, the inspected structures and areas of the site meet construction-related accessibility standards. The statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If corrections were made as a result of the CASp inspection, an itemized list of all corrections and dates of completion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For an inspected by a CASp site, if the CASp determines that corrections are needed to the site in order for the site to meet all applicable construction-related accessibility standards, the CASp shall provide a signed and dated written inspection report to the requesting party that includes all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An identification and description of the inspected structures and areas of the site.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The date of the inspection.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A statement that, in the opinion of the CASp, the inspected structures and areas of the site need correction to meet construction-related accessibility standards. This statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An identification and description of the structures or areas of the site that need correction and the correction needed.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A schedule of completion for each of the corrections within a reasonable timeframe.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The CASp shall provide, within 30 days of the date of the inspection of a business that qualifies for the provisions of subparagraph (A) of
paragraph (3) of subdivision (g) of Section 55.56, a copy of a report prepared pursuant to that subparagraph to the business.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The CASp shall file, within 10 days of inspecting a business pursuant to subparagraph (A) of paragraph (3) of subdivision (g) of Section 55.56, a notice with the State Architect for listing on the State Architect’s internet website, as provided by subdivision (d) of Section 4459.7 of the Government Code, indicating that the CASp has inspected the business, the name and address of the business, the date of the filing, the date of the inspection of the business, the name and license number of the CASp, and a description of the structure or area inspected by the CASp.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The CASp shall post the notice described in paragraph (4), in a form prescribed by the State Architect, in a conspicuous location within five feet of all public entrances to the building
on the date of the inspection and instruct the business to keep it in place until the earlier of either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One hundred twenty days after the date of the inspection.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The date when all of the construction-related violations in the structure or area inspected by the CASp are corrected.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, in determining whether the site meets applicable construction-related accessibility standards when there is a conflict or difference between a state and federal provision, standard, or regulation, the state provision, standard, or regulation shall apply unless the federal provision, standard, or regulation is more protective of accessibility rights.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Every CASp who conducts an inspection of a place of public
accommodation shall, upon completing the inspection of the site, provide the building owner or tenant who requested the inspection with the following notice, which the State Architect shall make available as a form on the State Architect’s internet website:
</html:p>
<html:p>
<html:h1>NOTICE TO PRIVATE PROPERTY OWNER/TENANT:</html:h1>
</html:p>
<html:p>YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY WRITTEN INSPECTION REPORT AND ANY OTHER DOCUMENTATION CONCERNING YOUR PROPERTY SITE THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS SPECIALIST.</html:p>
<html:p>IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT INCLUDES A CLAIM CONCERNING A SITE INSPECTED BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY EVALUATION CONFERENCE.</html:p>
<html:p>IN ORDER TO REQUEST THE STAY AND EARLY EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY THAT A CERTIFIED
ACCESS SPECIALIST HAS INSPECTED THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND THE PLAINTIFF WITH THE COPY OF A WRITTEN INSPECTION REPORT BY THE CERTIFIED ACCESS SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION 55.54. THE APPLICATION FORM AND INFORMATION ON HOW TO REQUEST A STAY AND EARLY EVALUATION CONFERENCE MAY BE OBTAINED AT www.courts.ca.gov/selfhelp-start.htm.</html:p>
<html:p>YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED ACCESS SPECIALIST WHO HAS CONDUCTED AN INSPECTION OF YOUR PROPERTY, A WRITTEN INSPECTION REPORT AND OTHER DOCUMENTATION AS SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY POST ON YOUR PROPERTY.</html:p>
<html:br/>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Commencing July 1, 2010, a local agency shall employ or retain at least one building
inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing January 1, 2014, a local agency shall employ or retain a sufficient number of building inspectors who are certified access specialists to conduct permitting and plan check services to review for compliance with state construction-related
accessibility standards by a place of public accommodation with respect to new construction, including, but not limited to, projects relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a permit applicant or member of the public requests consultation from a certified access specialist, the local agency may charge an amount limited to a reasonable hourly rate, an estimate of which shall be provided upon request in advance of the consultation. A local government may additionally charge or increase permitting, plan check, or inspection fees to the extent necessary to offset the costs of complying with this subdivision. Any revenues generated from an hourly or other charge or fee increase under this subdivision
shall be used solely to offset the costs incurred to comply with this subdivision. A CASp inspection pursuant to subdivision (a) by a building inspector who is a certified access specialist shall be treated equally for legal and evidentiary purposes as an inspection conducted by a private CASp. Nothing in this subdivision shall preclude permit applicants or any other person with a legal interest in the property from retaining a private CASp at any time.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Every CASp who completes an inspection of a place of public accommodation shall, upon a determination that the site meets applicable standards pursuant to paragraph (1) of subdivision (a) or is inspected by a CASp pursuant to paragraph (2) of subdivision (a), provide the building owner or tenant requesting the inspection with a numbered disability access inspection certificate indicating that the site has undergone inspection by a certified access specialist. The
disability access inspection certificate shall be dated and signed by the CASp inspector, and shall contain the inspector’s name and license number. Upon issuance of a certificate, the CASp shall record the issuance of the numbered certificate, the name and address of the recipient, and the type of report issued pursuant to subdivision (a) in a record book the CASp shall maintain for that purpose.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Beginning March 1, 2009, the State Architect shall make available for purchase by any local building department or CASp sequentially numbered disability access inspection certificates that are printed with a watermark or other feature to deter forgery and that comply with the information requirements specified in subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The disability access inspection certificate may be posted on the premises of the place of public accommodation, unless, following the date of
inspection, the inspected site has been modified or construction has commenced to modify the inspected site in a way that may impact compliance with construction-related accessibility standards.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Nothing in this section or any other law is intended to require a property owner or tenant to hire a CASp. A property owner’s or tenant’s election not to hire a CASp shall not be admissible to prove that person’s lack of intent to comply with the law.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A CASp shall not indicate in a CASp report that an inspection includes an assessment of readily achievable barrier removal for a feature or element or any other part of a facility that is a place of public accommodation that was within the scope of the
CASp inspection, unless all of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The CASp is competent to conduct a readily achievable analysis as a result of relevant training or experience with, at a minimum, the factors to be considered in determining whether an action is readily achievable under Section 36.104 of Title 28 of the Code of Federal Regulations and the requirements and other provisions of Section 36.304 of Title 28 of the Code of Federal Regulations, as those sections read on January 1, 2025.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The CASp has assessed whether the feature or element of the structure or area of the place of accommodation that was within the scope of the CASp inspection is entitled to readily achievable defense based on the date of the building construction, any alterations or modifications, and federal and state law applicable to those features or elements.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The assessment of readily achievable barrier removal includes considerations of the date of the building construction, permit history, financial resources of the relevant entities in control of the public accommodation that determine whether or not the removal of a barrier is financially feasible considering the financial wherewithal of the entities, and typical use of the public accommodation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The CASp report lists all of the documents or representations that the CASp relied upon to make the assessment.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall become operative January 1, 2034.
</html:p>
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</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_444CA47A-1399-4FFD-936A-274543E53F67">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.53.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'55.56.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 55.56 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_B73E6BEF-A841-4742-9D5C-625A8DDC1EB8">
<ns0:Num>55.56.</ns0:Num>
<ns0:LawSectionVersion id="id_4DDBF50A-59B4-4C98-ABB9-5CBB3B3FF133">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Statutory damages under either subdivision (a) of Section 52 or subdivision (a) of Section 54.3 may be recovered in a construction-related accessibility claim against a place of public accommodation only if a violation or violations of one or more construction-related accessibility standards denied the plaintiff full and equal access to the place of public accommodation on a particular occasion.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A plaintiff is denied full and equal access only if the plaintiff personally encountered the violation on a particular occasion, or the plaintiff was deterred from accessing a place of public accommodation on a particular occasion.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A violation personally encountered by a plaintiff may be sufficient to cause a denial of full and equal access if the plaintiff experienced difficulty, discomfort, or embarrassment because of the violation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A plaintiff demonstrates that the plaintiff was deterred from accessing a place of public accommodation on a particular occasion only if both of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The plaintiff had actual knowledge of a violation or violations that prevented or reasonably dissuaded the plaintiff from accessing a place of public accommodation that the plaintiff intended to use on a particular occasion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The violation or violations would have actually denied the plaintiff full and equal access if the plaintiff had
accessed the place of public accommodation on that particular occasion.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The following technical violations are presumed to not cause a person difficulty, discomfort, or embarrassment for the purpose of an award of minimum statutory damages in a construction-related accessibility claim, as set forth in subdivision (c), where the defendant is a small business, as described by subparagraph (B) of paragraph (2) of subdivision (g), the defendant has corrected, within 15 days of the service of a summons and complaint asserting a construction-related accessibility claim or receipt of a written notice, whichever is earlier, all of the technical violations that are the basis of the claim, and the claim is based on one or more of the following violations:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Interior signs, other than directional signs or signs that identify the location of accessible elements, facilities, or features, when not all such elements, facilities, or features are accessible.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The lack of exterior signs, other than parking signs and directional signs, including signs that indicate the location of accessible pathways or entrance and exit doors when not all pathways or entrance and exit doors are accessible.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The order in which parking signs are placed or the exact location or wording of parking signs, provided that the parking signs are clearly visible and indicate the location of accessible parking and van-accessible parking.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The color of parking signs, provided that the color of
the background contrasts with the color of the information on the sign.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The color of parking lot striping, provided that it exists and provides sufficient contrast with the surface upon which it is applied to be reasonably visible.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Faded, chipped, damaged, or deteriorated paint in otherwise fully compliant parking spaces and passenger access aisles in parking lots, provided that it indicates the required dimensions of a parking space or access aisle in a manner that is reasonably visible.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The presence or condition of detectable warning surfaces on ramps, except where the ramp is part of a pedestrian path of travel that intersects with a vehicular lane or other hazardous area.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The presumption set forth in paragraph (1) affects the plaintiff’s burden of proof and is rebuttable by evidence showing, by a preponderance of the evidence, that the plaintiff did, in fact, experience difficulty, discomfort, or embarrassment on the particular occasion as a result of one or more of the technical violations listed in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision shall apply only to claims filed on or after the effective date of Senate Bill 269 of the 2015–16 Regular Session.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Statutory damages may be assessed pursuant to subdivision (a) based on each particular occasion that the plaintiff was denied full and equal access, and not upon the number of violations of construction-related accessibility
standards identified at the place of public accommodation where the denial of full and equal access occurred. If the place of public accommodation consists of distinct facilities that offer distinct services, statutory damages may be assessed based on each denial of full and equal access to the distinct facility, and not upon the number of violations of construction-related accessibility standards identified at the place of public accommodation where the denial of full and equal access occurred.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a defendant’s liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is reduced to a minimum of one thousand dollars ($1,000) for each offense if the defendant demonstrates that it has corrected all construction-related
violations that are the basis of a claim within 60 days of being served with any notice of violation or complaint, and the defendant demonstrates any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The structure or area of the alleged violation was determined to be “CASp-inspected” or “meets applicable standards” and, to the best of the defendant’s knowledge, there were no modifications or alterations that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim that were completed or commenced between the date of that determination and the particular occasion on which the plaintiff was allegedly denied full and equal access.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The structure or area of the alleged violation was the subject of an inspection report indicating “CASp determination pending” or “Inspected by a CASp,” and the defendant has either implemented reasonable measures to correct the alleged violation before the particular occasion on which the plaintiff was allegedly denied full and equal access, or the defendant was in the process of correcting the alleged violation within a reasonable time and manner before the particular occasion on which the plaintiff was allegedly denied full and equal access.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a claim alleging a construction-related accessibility violation filed before January 1, 2018, the structure or area of the alleged violation was a new construction or an improvement that was approved by, and passed inspection by,
the local building department permit and inspection process on or after January 1, 2008, and before January 1, 2016, and, to the best of the defendant’s knowledge, there were no modifications or alterations that impacted compliance with respect to the plaintiff’s claim that were completed or commenced between the completion date of the new construction or improvement and the particular occasion on which the plaintiff was allegedly denied full and equal access.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The structure or area of the alleged violation was new construction or an improvement that was approved by, and passed inspection by, a local building department official who is a certified access specialist, and, to the best of the defendant’s knowledge, there were no modifications or alterations that affected compliance with respect to the plaintiff’s claim that were completed or commenced
between the completion date of the new construction or improvement and the particular occasion on which the plaintiff was allegedly denied full and equal access.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, a defendant’s liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is reduced to a minimum of two thousand dollars ($2,000) for each offense if the defendant demonstrates both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The defendant has corrected all construction-related violations that are the basis of a claim within 30 days of being served with any notice of violation or
complaint.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The defendant is a small business that has employed 25 or fewer employees on average over the past three years, or for the years it has been in existence if less than three years, as evidenced by wage report forms filed with the Economic Development Department, and has average annual gross receipts of less than three million five hundred thousand dollars ($3,500,000) over the previous three years, or for the years it has been in existence if less than three years, as evidenced by federal or state income tax returns. The average annual gross receipts dollar amount shall be adjusted biannually by the Department of General Services for changes in the California Consumer Price Index for All Urban Consumers, as compiled by the Department of Industrial Relations. The Department of General Services shall post that
adjusted amount on its internet website.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding any other law, a defendant shall not be liable for minimum statutory damages in a construction-related accessibility claim, with respect to a violation noted in a report by a certified access specialist (CASp), for a period of 120 days following the date of the inspection if the defendant demonstrates compliance with each of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The defendant is a business that, as of the date of inspection, has employed 50 or fewer employees on average over the past three years, or for the years it has been in existence if less than three years, as evidenced by wage report forms filed with the Employment Development Department.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The structure or area of the alleged violation was the subject of an inspection report indicating “CASp determination pending” or “Inspected by a CASp.”
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The inspection predates the filing of the claim by, or receipt of a demand letter from, the plaintiff regarding the alleged violation of a construction-related accessibility standard, and the defendant was not on notice of the alleged violation before the CASp inspection.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The defendant has corrected, within 120 days of the date of the inspection, all construction-related violations in the structure or area inspected by the CASp that are noted in the CASp report that are the basis of the claim.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The defendant has posted, as of the date of the alleged violation, the notice described in paragraph (5) of subdivision (a) of Section 55.53 in a conspicuous place within five feet of all public entrances to the place of public accommodation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other law, a defendant who claims the benefit of the reduction of, or protection from liability for, minimum statutory damages under this subdivision shall disclose the date and findings of any CASp inspection to a plaintiff if relevant to a claim or defense in an action.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding any other law, and except as provided in subparagraph
(D), a defendant who qualifies for the Small Business Right to Cure Program, established pursuant to this paragraph, shall, for a period of six years following the date of a CASp report that meets the requirements of this paragraph, not be liable for minimum statutory damages for any construction-related accessibility claim brought during that six-year period. The limitation of liability described in this paragraph applies only to a construction-related accessibility violation of an element within a facility, structure, or area of
the premises of a place of public accommodation that was subject to a CASp inspection and noted in the CASp report.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In order to qualify for the Small Business Right to Cure Program, the defendant shall demonstrate all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The defendant is a place of accommodation that, as of the date of
a CASp inspection that is the basis for the public accommodation qualifying for the program, has employed 25 or fewer employees on average over the past three years, or for the years it has been in existence if less than three years, as evidenced by wage report forms filed with the Employment Development Department.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The CASp inspection that is the basis for the public accommodation asserting that it qualifies for the program occurs on or after January 1, 2026,
and
predates the particular occasion when the plaintiff or prospective plaintiff alleges they were denied full and equal access to the place of public accommodation or were deterred from accessing a place of public accommodation, as described in subdivisions (b) or (c).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The defendant was not on actual or constructive notice of
the alleged violation or violations or a complaint before the date when the notice of violation was mailed or sent to the defendant, or when the complaint was filed.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The alleged violation or violations identified in the notice of violation or complaint involve an element within the structure or area of the premises of the place of public accommodation that was subject to the CASp inspection and noted in the CASp report.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The defendant has posted, prior to the date of the alleged violation, both of the following in a conspicuous place within five feet of all public entrances to the place of public accommodation:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The CASp inspection notice for the premises described in paragraph (5) of subdivision (a) of Section 55.53.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A Notice of Participation in the Small Business Right to Cure Program.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The defendant corrected, within 120 days of the date of the CASp inspection that is the basis for the place of public accommodation qualifying for the program, all construction-related violations in the structure or area inspected by the CASp that
were noted in the CASp report, except as
provided pursuant to paragraph (6).
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The defendant responded to the plaintiff or prospective plaintiff in writing, sent to the physical return address via United States mail, and to any electronic mail address provided in the notice of violation described in paragraph (4) of subdivision (k), within 30 days of a notice of violation being mailed or sent to the defendant or a complaint being filed, and included all of the
following in the response:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An agreement by the defendant to correct all construction-related accessibility violations that are identified by the plaintiff or prospective plaintiff in their notice of violation or complaint.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
An explanation by the defendant about which construction-related accessibility violations, if any, at the facility on the premises that includes the subject place of public accommodation, require more than 120 days to modify or alter in order to correct all of the alleged construction-related accessibility violations identified by the plaintiff or prospective plaintiff in their notice of violation or complaint, provided that the delay is reasonable, complies with paragraph (6), and does not exceed 180 days.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A complete copy of the CASp report that is the basis for the public accommodation asserting that it qualifies for the program.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The defendant corrected all construction-related accessibility violations identified by the plaintiff or prospective plaintiff in their notice of violation or complaint within 120 days of the date of being served with the notice of violation or complaint, except when the extended period to correct the violations is reasonable, complies with paragraph (6), and does not exceed 180 days.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A public accommodation that participates in the Small Business Right to Cure Program described in this paragraph shall, as a condition of its participation, upon request during regular business hours, or within 72 hours of receiving an oral or written request for the CASp report, make the following
available to the public for inspection:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The CASp report that is the basis for the public accommodation asserting that it qualifies for the program.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
All building permits and all other documents related to improvements, including improvements that did not require a permit, such as the resurfacing or restriping of parking lots, that evidence alteration, modification, or structural repair of the subject facility, and all parts or elements thereof, that occurred after the date of the CASp report that is the basis for the public accommodation asserting that it qualifies for the program.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
No provision of the program described in this paragraph shall apply under any of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
One or more of the alleged construction-related accessibility violations identified in the notice of violation or complaint address an element within the facility, structure, or area of the place of public accommodation that was subject to the CASp inspection, but the violation or violations were not noted in the CASp report.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
One or more of the alleged construction-related accessibility violations identified in the notice of violation or complaint address an element that is not within the facility, structure, or area of the place of public accommodation that was subject to the CASp inspection.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The defendant failed to qualify for the requirements of the program, including failure to correct, within the time period allowed by law, all construction-related violations of all elements of the facility, structure, or area of the place of public accommodation that were subject to the CASp inspection that is the basis for the public accommodation asserting that it qualifies for the program, or the defendant failed to comply with any requirement of subparagraph (C).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
The CASP report that is the basis for the public accommodation asserting that it qualifies for the program does either of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
Uses incorrect accessibility standards or omits applicable accessibility standards in the assessment of a building facility
or element.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
Fails to make recommendations for remediation of accessibility of accessibility standards or makes the recommendations based on the misapplication or omission of state and federal accessibility laws, regulations, or standards.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For purposes of subclause (I), by way of example, not limitation, no provision of this program shall apply if a CASp recommended that a facility or element only needs to be remediated within the limits of the readily achievable standard” of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12181(9)) when the facility or element was subject to new construction or alteration standards as set forth in federal or state law, including the Americans with Disabilities Act or the California Building Standards Code (Title 24 of the California Code of Regulations).
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The plaintiff or prospective plaintiff alleges either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An intentional violation of any state or federal disability rights law, a violation related to policies, practices, or procedures, or seeks special damages that arise from physical personal injuries or damage to personal property.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
The defendant failed to maintain in operable working condition an element within the facility, structure, or area of the premises of the place of public accommodation that is required under state or federal law to be readily accessible and usable by persons with disabilities and that the failure resulted in a barrier to accessibility.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
For purposes of sub-subclause (ia), barriers to accessibility that are caused by a failure to maintain an element of a public
accommodation in an accessible condition include, but are not limited to, the following:
</html:p>
<html:p>
(Ia)
<html:span class="EnSpace"/>
Failure to maintain accessible door operating pressures and closing speeds.
</html:p>
<html:p>
(Ib)
<html:span class="EnSpace"/>
Failure to service, maintain, or repair lifts, elevators, and other means of providing vertical access where such access already exists, or is required by law.
</html:p>
<html:p>
(Ic)
<html:span class="EnSpace"/>
Failure to repair or maintain pedestrian surfaces that are required to be accessible, including the exterior and interior routes, accessible parking areas, sidewalks, and walkways and to ensure that all of these surfaces demonstrate slopes and cross slopes that comply with state and federal law, without abrupt changes in level or defects, inclusive of cracks, fissures, or potholes, that would result in noncompliance with applicable construction-related accessibility standards
pursuant to state or federal law.
</html:p>
<html:p>
(Id)
<html:span class="EnSpace"/>
Failure to keep aisles or other interior or exterior routes that are required to be accessible free from clutter, protruding objects, and other barriers.
</html:p>
<html:p>
(Ie)
<html:span class="EnSpace"/>
Failure to ensure that doors, transaction counters and other elements that are required to be accessible demonstrate accessible approach space.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The State Architect may develop a form Notice of Participation in the Small Business Right to Cure Program that includes all of the information in clause (ii).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Until and unless the State Architect promulgates the form pursuant to clause (i), a business owner may satisfy any requirement to provide a Notice of Participation in the Small Business Right to Cure Program by providing the
following written statement:
</html:p>
<html:table border="0" frame="void" rules="none" width="756">
<html:tbody>
<html:tr>
<html:td colspan="2" width="748">This business is a public accommodation that qualifies for, and is participating in, the Small Business Right to Cure Program set forth in paragraph (4) of subdivision (g) of Section 55.56 of the Civil Code. The business will correct any violation of a construction-related accessibility standard on the premises of the place of public accommodation about which we are notified within 120 days of notification, except as provided and limited by state law. Subject to a public accommodation’s compliance with all requirements of the program, state law provides that a public accommodation participating in the program is not liable for minimum statutory damages in a construction-related accessibility claim if all violations are corrected within 120 days, except as provided and limited by state law, for the program period.</html:td>
</html:tr>
<html:tr>
<html:td colspan="2" width="748">One of the reasons why this public accommodation qualifies for the Small Business Right to Cure Program is because this property was inspected by a certified access specialist (CASp) and because the public accommodation has corrected all of the construction-related accessibility violations in the areas of this place of public accommodation that were noted in the CASp report. The CASp report for these premises is available for public inspection upon oral or written request and must be provided to a requester within 72 hours of their request.</html:td>
</html:tr>
<html:tr>
<html:td width="369">Name of the Business:</html:td>
<html:td width="377"/>
</html:tr>
<html:tr>
<html:td width="369">Name(s) of the Business Owner:</html:td>
<html:td width="377"/>
</html:tr>
<html:tr>
<html:td width="369">Address of Business Property:</html:td>
<html:td width="377"/>
</html:tr>
<html:tr>
<html:td width="369">Mailing address to notify the business of an accessibility violation:</html:td>
<html:td width="377"/>
</html:tr>
<html:tr>
<html:td width="369">Date of the CASp inspection of the premises:</html:td>
<html:td width="377"/>
</html:tr>
<html:tr>
<html:td width="369">Date
when all construction-related accessibility violations noted in the CASp report were corrected:</html:td>
<html:td width="377"/>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A notice of violation shall not be required to be drafted by an attorney. However, nothing in this paragraph prohibits a plaintiff or prospective plaintiff from utilizing the services of an attorney in drafting or sending the notice of violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A notice of violation shall be deemed to satisfy, to the extent required by any other law, any pre-suit notice obligation including, but not limited to, the requirements of Section 1021.5 and paragraph (2) of subdivision (b) of Section 1033 of the Code of Civil Procedure.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A defendant may claim the protection from liability for minimum statutory damages under paragraph (3) only once for each structure or area inspected by a CASp, unless the inspected structure or area has undergone modifications or alterations that affect the compliance with construction-related accessibility standards of those structures or areas after the date of the last inspection, and the defendant obtains an additional CASp inspection within 30 days of final approval by the building department or certificate of occupancy, as appropriate, regarding the modification or alterations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A defendant may claim the limitation of liability under paragraph (4) more than once during the program participation period for the same structure or area of the
premises of the place of public accommodation that was subject to the CASp inspection, but a defendant shall not claim the limitation of liability more than once for the same element within the inspected facility, structure, or area of the premises.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the defendant has failed to correct, within 120 days of the date of the inspection, all construction-related violations in the structure or area inspected by the CASp that are noted in the CASp report, the defendant shall not receive any protection from liability for minimum statutory damages pursuant to paragraphs (3) and (4), unless a building permit is required for the repairs which cannot reasonably be completed by the defendant within 120 days and the defendant is in the process of correcting the violations noted in the CASp report, as evidenced by having, at least, an active building
permit necessary for the repairs to correct the violation that was noted, but not corrected, in the CASp report and all of the repairs are completed within 180 days of the date of the inspection.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
This subdivision shall not be applicable to intentional violations or claims where the plaintiff alleges an intentional violation, a violation related to policies, practices, or procedures, or seeks special damages that arise from physical personal injuries or damage to personal property.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Nothing in this subdivision affects the awarding of actual damages, or affects the awarding of treble actual damages.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
This subdivision shall apply only to claims filed on or after the effective date of Chapter 383 of the Statutes of 2012, except for paragraphs (3), (5), and (6), which shall apply only to claims filed on or after the effective date of Chapter 13 of the Statutes of 2015, and paragraph (4), which shall only apply to claims filed on or after the effective date of Assembly Bill 649 of the 2025–26 Regular
Session that comply with its requirements. Nothing in this subdivision is intended to affect a complaint filed before those dates, as applicable.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section does not alter the applicable law for the awarding of injunctive or other equitable relief for a violation or violations of one or more construction-related accessibility standards, nor alter any legal obligation of a party to mitigate damages.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In assessing liability under subdivision (d), in an action alleging multiple claims for the same construction-related accessibility violation on different particular occasions, the court shall consider the reasonableness of the plaintiff’s conduct in light of the plaintiff’s obligation, if any, to mitigate damages.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A person that posts any of the following documents on the premises of a place of public accommodation, or authorizes the document to remain posted on the premises, and knows or should know that the document is inauthentic, materially inaccurate, or that the place of public accommodation does not qualify for the applicable program or other limitation on liability provided by law shall be subject to enforcement under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A Notice of Participation in the Small Business Right to Cure Program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The
notice described in paragraph (5) of subdivision (a) of Section 55.53.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For purposes of this section, the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Element” means any architectural, structural, mechanical, or design feature of a facility, whether built in or moveable and whether temporary or permanent,
that is required to be accessible to, and useable by, a person with disabilities under state or federal laws, codes, and regulations. Elements include, but are not limited to, doors, assembly areas, ramps, handrails, lifts, a bathroom mirror, a door handle, a sink faucet, or other item that is used, or offered for use in a place of public accommodation or any facility in which the place of public accommodation is located.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Facility” means all or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways that are located on a site.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Notice of Participation in the Small Business Right to Cure Program” means a
written statement posted in a conspicuous place within five feet of all public entrances to the place of public accommodation, including parking areas and common areas used by the public to access a place of public accommodation that are required to be accessible, indicating that the place of public accommodation qualifies for the program and has corrected or will correct any violation of a construction-related accessibility standard on the premises of the place of public accommodation within 120 days of being notified of the violation, except as provided in paragraph (6) of subdivision (g).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Notice of violation” means any written communication from a plaintiff or prospective plaintiff that is sent or provided to the party or parties listed in the Notice of Participation in the Small Business Right to Cure Program that is sufficient
to put the party or those parties on notice of an alleged construction-related accessibility violation on the premises of the place of public accommodation by identifying the general location of the element that is basis for the notice and complies with both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The notice is addressed to the party or parties listed as business owners in the Notice of Participation in the Small Business Right to Cure Program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The notice includes a physical return address for where the defendant’s written response described in clause (vii) of subparagraph (A) of paragraph (4) of subdivision (g) should be sent by United States mail. The notice may also include an electronic mail address if the plaintiff also requests notification by electronic mail in addition to notification by United States mail.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Structure or area inspected” means one of the following: the interior of the premises, the exterior of the premises, or both the interior and exterior.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6519412B-A0BA-42E4-BEEE-D23B5A699DAE">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.53.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'55.56.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 55.56 is added to the
<ns0:DocName>Civil Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_08AA260A-AE74-4543-B49D-9FEF8D9F8C57">
<ns0:Num>55.56.</ns0:Num>
<ns0:LawSectionVersion id="id_D6B10255-DEE4-4F9C-8721-B3FF5852A7DD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Statutory damages under either subdivision (a) of Section 52 or subdivision (a) of Section 54.3 may be recovered in a construction-related accessibility claim against a place of public accommodation only if a violation or violations of one or more construction-related accessibility standards denied the plaintiff full and equal access to the place of public accommodation on a particular occasion.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A plaintiff is denied full and equal access only if the plaintiff personally encountered the violation on a particular occasion, or the plaintiff was deterred from accessing a place of public accommodation on a particular occasion.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A violation personally encountered by a plaintiff may be
sufficient to cause a denial of full and equal access if the plaintiff experienced difficulty, discomfort, or embarrassment because of the violation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A plaintiff demonstrates that the plaintiff was deterred from accessing a place of public accommodation on a particular occasion only if both of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The plaintiff had actual knowledge of a violation or violations that prevented or reasonably dissuaded the plaintiff from accessing a place of public accommodation that the plaintiff intended to use on a particular occasion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The violation or violations would have actually denied the plaintiff full and equal access if the plaintiff had accessed the place of public accommodation on that particular occasion.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The following technical violations are presumed to not cause a person difficulty, discomfort, or embarrassment for the purpose of an award of minimum statutory damages in a construction-related accessibility claim, as set forth in subdivision (c), where the defendant is a small business, as described by subparagraph (B) of paragraph (2) of subdivision (g), the defendant has corrected, within 15 days of the service of a summons and complaint asserting a construction-related accessibility claim or receipt of a written notice, whichever is earlier, all of the technical violations that are the basis of the claim, and the claim is based on one or more of the following violations:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Interior signs, other than directional signs or signs that identify the location of accessible elements, facilities, or features, when not all such elements, facilities, or features are accessible.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The lack of exterior signs, other than parking signs and directional signs, including signs that indicate the location of accessible pathways or entrance and exit doors when not all pathways or entrance and exit doors are accessible.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The order in which parking signs are placed or the exact location or wording of parking signs, provided that the parking signs are clearly visible and indicate the location of accessible parking and van-accessible parking.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The color of parking signs, provided that the color of the background contrasts with the color of the information on the sign.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The color of parking lot striping, provided that it exists and provides sufficient contrast with the surface upon which it is applied to be reasonably visible.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Faded, chipped, damaged, or deteriorated paint in otherwise fully compliant parking spaces and passenger access aisles in parking lots, provided that it indicates the required dimensions of a parking space or access aisle in a manner that is reasonably visible.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The presence or condition of detectable warning surfaces on ramps, except where the ramp is part of a pedestrian path of travel that intersects with a vehicular lane or other hazardous area.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The presumption set forth in paragraph (1) affects the plaintiff’s burden of proof and is rebuttable by evidence showing, by a preponderance of the evidence, that the plaintiff did, in fact, experience difficulty, discomfort, or embarrassment on the particular occasion as a result of one or more of the technical violations listed in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision shall apply only to claims filed on or after the effective date of Senate Bill 269 of the 2015–16 Regular Session.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Statutory damages may be assessed pursuant to subdivision (a) based on each particular occasion that the plaintiff was denied full and equal access, and not upon the number of violations of construction-related accessibility standards identified at the place of public accommodation where the denial of full and equal access occurred. If the place of public accommodation consists of distinct facilities that offer distinct services, statutory damages may be assessed based on each denial of full and equal access to the distinct facility, and not upon the number of violations of construction-related accessibility standards identified at the place of public accommodation where the denial of full and equal access occurred.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a defendant’s liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is reduced to a minimum of one thousand dollars ($1,000) for each offense if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with any notice of violation or complaint, and the defendant demonstrates any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The structure or area of the alleged violation was determined to be “CASp-inspected” or “meets applicable standards” and, to the best of the defendant’s knowledge, there were no modifications or alterations that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim that were completed or commenced between the date of that determination and the particular occasion on which the plaintiff was
allegedly denied full and equal access.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The structure or area of the alleged violation was the subject of an inspection report indicating “CASp determination pending” or “Inspected by a CASp,” and the defendant has either implemented reasonable measures to correct the alleged violation before the particular occasion on which the plaintiff was allegedly denied full and equal access, or the defendant was in the process of correcting the alleged violation within a reasonable time and manner before the particular occasion on which the plaintiff was allegedly denied full and equal access.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a claim alleging a construction-related accessibility violation filed before January 1, 2018, the structure or area of the alleged violation was a new construction or an improvement that was approved by, and passed inspection by, the local building department permit and inspection process
on or after January 1, 2008, and before January 1, 2016, and, to the best of the defendant’s knowledge, there were no modifications or alterations that impacted compliance with respect to the plaintiff’s claim that were completed or commenced between the completion date of the new construction or improvement and the particular occasion on which the plaintiff was allegedly denied full and equal access.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The structure or area of the alleged violation was new construction or an improvement that was approved by, and passed inspection by, a local building department official who is a certified access specialist, and, to the best of the defendant’s knowledge, there were no modifications or alterations that affected compliance with respect to the plaintiff’s claim that were completed or commenced between the completion date of the new construction or improvement and the particular occasion on which the plaintiff was allegedly denied full and equal
access.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, a defendant’s liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is reduced to a minimum of two thousand dollars ($2,000) for each offense if the defendant demonstrates both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The defendant has corrected all construction-related violations that are the basis of a claim within 30 days of being served with any notice of violation or complaint.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The defendant is a small business that has employed 25 or fewer employees on average over the past three years, or for the years it has been in existence if less than three years, as evidenced by wage report forms filed with the Economic Development Department, and has average annual gross receipts of less than three million five hundred thousand
dollars ($3,500,000) over the previous three years, or for the years it has been in existence if less than three years, as evidenced by federal or state income tax returns. The average annual gross receipts dollar amount shall be adjusted biannually by the Department of General Services for changes in the California Consumer Price Index for All Urban Consumers, as compiled by the Department of Industrial Relations. The Department of General Services shall post that adjusted amount on its internet website.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding any other law, a defendant shall not be liable for minimum statutory damages in a construction-related accessibility claim, with respect to a violation noted in a report by a certified access specialist (CASp), for a period of 120 days following the date of the inspection if the defendant demonstrates compliance with each of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The defendant is a business that, as of the date of inspection, has employed 50 or fewer employees on average over the past three years, or for the years it has been in existence if less than three years, as evidenced by wage report forms filed with the Employment Development Department.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The structure or area of the alleged violation was the subject of an inspection report indicating “CASp determination pending” or “Inspected by a CASp.”
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The inspection predates the filing of the claim by, or receipt of a demand letter from, the plaintiff regarding the alleged violation of a construction-related accessibility standard, and the defendant was not on notice of the alleged violation before the CASp inspection.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The defendant has corrected, within 120 days of the date of the inspection, all
construction-related violations in the structure or area inspected by the CASp that are noted in the CASp report that are the basis of the claim.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The defendant has posted, as of the date of the alleged violation, the notice described in paragraph (5) of subdivision (a) of Section 55.53 in a conspicuous place within five feet of all public entrances to the place of public accommodation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other law, a defendant who claims the benefit of the reduction of, or protection from liability for, minimum statutory damages under this subdivision shall disclose the date and findings of any CASp inspection to a plaintiff if relevant to a claim or defense in an action.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A defendant may claim the protection from liability for minimum statutory damages under paragraph (3) only once for each structure or
area inspected by a CASp, unless the inspected structure or area has undergone modifications or alterations that affect the compliance with construction-related accessibility standards of those structures or areas after the date of the last inspection, and the defendant obtains an additional CASp inspection within 30 days of final approval by the building department or certificate of occupancy, as appropriate, regarding the modification or alterations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the defendant has failed to correct, within 120 days of the date of the inspection, all construction-related violations in the structure or area inspected by the CASp that are noted in the CASp report, the defendant shall not receive any protection from liability for minimum statutory damages pursuant to paragraph (3), unless a building permit is required for the repairs which cannot reasonably be completed by the defendant within 120 days and the defendant is in the process of correcting
the violations noted in the CASp report, as evidenced by having, at least, an active building permit necessary for the repairs to correct the violation that was noted, but not corrected, in the CASp report and all of the repairs are completed within 180 days of the date of the inspection.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This subdivision shall not be applicable to intentional violations or claims where the plaintiff alleges an intentional violation, a violation related to policies, practices, or procedures, or seeks special damages that arise from physical personal injuries or damage to personal property.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Nothing in this subdivision affects the awarding of actual damages, or affects the awarding of treble actual damages.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
This subdivision shall apply only to claims filed on or after the effective date of Chapter 383 of the Statutes of
2012, except for paragraphs (3), (5), and (6), which shall apply only to claims filed on or after the effective date of Chapter 13 of the Statutes of 2015, and paragraph (4), which shall only apply to claims filed on or after the effective date of Assembly Bill 649 of the 2025–26 Regular Session that comply with its requirements. Nothing in this subdivision is intended to affect a complaint filed before those dates, as applicable.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section does not alter the applicable law for the awarding of injunctive or other equitable relief for a violation or violations of one or more construction-related accessibility standards, nor alter any legal obligation of a party to mitigate damages.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In assessing liability under subdivision (d), in an action alleging multiple claims for the same construction-related accessibility violation on different particular occasions, the court shall
consider the reasonableness of the plaintiff’s conduct in light of the plaintiff’s obligation, if any, to mitigate damages.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A person that posts the notice described in paragraph (5) of subdivision (a) of Section 55.53 on the premises of a place of public accommodation, or authorizes the document to remain posted on the premises, and knows or should know that the document is inauthentic, materially inaccurate, or that the place of public accommodation does not qualify for the applicable program or other limitation on liability provided by law shall be subject to enforcement under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For purposes of this section, the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Element” means any architectural, structural, mechanical, or design
feature of a facility, whether built in or moveable and whether temporary or permanent, that is required to be accessible to, and useable by, a person with disabilities under state or federal laws, codes, and regulations. Elements include, but are not limited to, doors, assembly areas, ramps, handrails, lifts, a bathroom mirror, a door handle, a sink faucet, or other item that is used, or offered for use in a place of public accommodation or any facility in which the place of public accommodation is located.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Facility” means all or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways that are located on a site.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Structure or area inspected” means one of the following: the interior of the premises, the exterior of the premises, or both the interior and exterior.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2034.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F21C5CE4-798E-4970-875D-107CA5B8FE5C">
<ns0:Num>SEC. 9.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1938.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1938 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5AB1C58D-A2FB-4D76-AB14-0D1A15FEE46C">
<ns0:Num>1938.</ns0:Num>
<ns0:LawSectionVersion id="id_FDAD891F-3249-4EDA-912A-55E8C8E37340">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the subject premises have undergone inspection by a CASp and, to the best of the commercial property owner’s or lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement that have impacted the subject premises’ compliance with construction-related accessibility standards, the commercial property owner or lessor shall provide, prior to execution of the lease or rental agreement, a copy of any report prepared by the
CASp with an agreement from the prospective lessee or tenant that information in the report shall remain confidential, except as necessary for the tenant to complete repairs and corrections of violations of construction-related accessibility standards that the lessee or tenant agrees to make.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Making any repairs or modifications necessary to correct violations of construction-related accessibility standards that are noted in a CASp report or in the common area of a commercial property is presumed to be the responsibility of the commercial property owner or lessor, unless otherwise mutually agreed upon by the commercial property owner or lessor and the lessee or tenant. The prospective lessee or tenant shall have the opportunity to review any CASp report prior to execution of the lease or rental agreement. If the report is not provided
to the prospective lessee or tenant at least 48 hours prior to execution of the lease or rental agreement, the prospective lessee or tenant shall have the right to rescind the lease or rental agreement, based upon the information contained in the report, for 72 hours after execution of the agreement.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the subject premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of Section 55.52, the commercial property owner or lessor shall provide a copy of the current disability access inspection certificate and any inspection report to the lessee or tenant not already provided pursuant to subdivision (b) within seven days of the date of the execution of the lease form or rental agreement.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the subject premises have
not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, the commercial property owner or lessor shall state the following on the lease form or rental agreement:
</html:p>
<html:br/>
<html:p>“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary
to correct violations of construction-related accessibility standards within the premises.”</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In the event that a commercial property owner fails to comply with this section in relation to a lease agreement for a commercial property executed or extended on or January 1, 2026, that includes an indemnity provision or contractual agreement that seeks to shift the financial responsibility for construction-related accessibility violations located on the premises of the commercial property from the commercial property owner or lessor to the lessee or tenant within a lease for a commercial property, the indemnity provision or contractual agreement shall be void and unenforceable as a matter of public policy.
</html:p>
<html:br/>
<html:p>
(g)
<html:span class="EnSpace"/>
As used in this section, “commercial property” means property that is offered for rent or lease to persons operating, or intending to operate, a place of public accommodation as defined in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations, or a facility to which the general public is invited, at those premises.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
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<ns0:Num>SEC. 10.</ns0:Num>
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Section 14985.8 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>14985.8.</ns0:Num>
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<html:p>The commission shall compile the following data with respect to any demand letter or complaint sent to the commission pursuant to Section 55.32 of the Civil Code and post the information on its internet website pursuant to the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The commission shall identify the various types of access violations alleged in the demand letters and in the complaints, respectively, and shall tabulate the number of claims alleged for each type of violation in the demand letters and complaints, respectively. For purposes of this subdivision, any demand for money letters shall be grouped as demand letters.
</html:p>
<html:p>
(b)
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Periodically, but not less than every six months beginning July 31, 2013, the commission shall post on its internet
website a list, by type, of the 10 most frequent types of accessibility violations alleged in the demand letters and in the complaints, respectively, and the numbers of alleged violations for each listed type of violation for the prior two quarters.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission shall, on a quarterly basis, identify and tabulate the number of demand letters and complaints received by the commission. The commission shall further ascertain whether a complaint was filed in state or federal court and tabulate the number of complaints filed in state or federal court, respectively. This data shall be posted on the commission’s internet website periodically, but not less than every six months beginning July 31, 2013.
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<html:p>
(d)
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(1)
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Commencing in 2014, and notwithstanding Section 10231.5, the commission shall make an annual report to the Legislature and the Chairs of the Senate and Assembly Committees on Judiciary by March 31 of each year of the tabulated data for the preceding calendar year as set forth in subdivisions (a) to (c), inclusive. A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
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<html:p>
(2)
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Beginning on or before July 1, 2027, the commission shall include, in the annual report pursuant to paragraph (1), information about the number of businesses that participate in the Small Business Right to Cure Program established pursuant to paragraph (4) of subdivision (g) of Section 55.56 of the Civil Code.
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<html:p>
(e)
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At least 30 days before requiring a new standard format for the information to be sent to the commission pursuant to Section 55.32 of the Civil Code, the commission shall post on its internet website the new standard format and the date on which the commission shall begin requiring that information to be sent to the commission in the new standard format.
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<html:p>
(f)
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This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
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<ns0:BillSection id="id_4D8B1363-A790-4A72-8465-0D28F103644B">
<ns0:Num>SEC. 11.</ns0:Num>
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Section 14985.8 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_41FEBAE6-C1E0-4B18-BA36-56A464B3D93A">
<ns0:Num>14985.8.</ns0:Num>
<ns0:LawSectionVersion id="id_7BAEEFB6-AACA-4F62-870B-8D991A8B3E4B">
<ns0:Content>
<html:p>The commission shall compile the following data with respect to any demand letter or complaint sent to the commission pursuant to Section 55.32 of the Civil Code and post the information on its internet website pursuant to the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The commission shall identify the various types of access violations alleged in the demand letters and in the complaints, respectively, and shall tabulate the number of claims alleged for each type of violation in the demand letters and complaints, respectively. For purposes of this subdivision, any demand for money letters shall be grouped as demand letters.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Periodically, but not less than every six months, the commission shall post on its internet website a list, by type, of
the 10 most frequent types of accessibility violations alleged in the demand letters and in the complaints, respectively, and the numbers of alleged violations for each listed type of violation for the prior two quarters.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission shall, on a quarterly basis, identify and tabulate the number of demand letters and complaints received by the commission. The commission shall further ascertain whether a complaint was filed in state or federal court and tabulate the number of complaints filed in state or federal court, respectively. This data shall be posted on the commission’s internet website periodically, but not less than every six months.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding Section 10231.5, the commission shall make an annual report to the Legislature and the Chairs of the Senate and Assembly Committees on Judiciary by March 31 of each year of the tabulated data for the preceding
calendar year as set forth in subdivisions (a) to (c), inclusive. A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
At least 30 days before requiring a new standard format for the information to be sent to the commission pursuant to Section 55.32 of the Civil Code, the commission shall post on its internet website the new standard format and the date on which the commission shall begin requiring that information to be sent to the commission in the new standard format.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2034.
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<ns0:BillSection id="id_41AAB70E-2C90-49B6-B7D7-499B8D1E84F2">
<ns0:Num>SEC. 12.</ns0:Num>
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Section 19953 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>19953.</ns0:Num>
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<html:p>
(a)
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Any person who is aggrieved or potentially aggrieved by a violation of this part, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code may bring an action to enjoin the violation. The prevailing party in the action shall be entitled to recover reasonable attorney’s fees.
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<html:p>
(b)
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A plaintiff shall not be assessed a prevailing defendant’s
attorney’s fees and or costs unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it became clear that the claim was frivolous, unreasonable, or groundless.
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