AB 52 (Gray). Public Accommodations: Construction-related Accessibility Claims.

Reduces the liability exposure of property owners that are subject to construction-related accessibility claims by disabled persons. Provides protections for commercial and residential associations with facilities that are open to the public.

Current Status: Dead

FindHOALaw Quick Summary:

Existing law allows a plaintiff to collect statutory damages in a construction-related accessibility claim against a place of public accommodation only if the plaintiff was denied full and equal access to the place of public accommodation on a particular occasion, as specified. Existing law imposes a minimum liability of $1,000 on these statutory damages for each offense when a defendant demonstrates that the defendant has corrected the construction-related accessibility violation within 60 days of being served with a complaint and the defendant demonstrates that the structure or area of the alleged violation was determined to meet standards or was subjected to an inspection as specified.

AB 52 (Gray) would amend Civil Code § 55.56 to instead provide that a defendant’s maximum liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is $1,000 for each offense if the defendant has corrected all construction-related violations that are the basis of the claim within 180 days of being served with the complaint and the defendant demonstrates that the structure or area of the alleged violation was determined to meet standards or was subjected to an inspection, as specified.

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Related Topics

Related Statutes

Related Case Law

  • Coronado v. Cobblestone Village Community Rentals
    (2009) 163 Cal.App.4th 831

    [Discrimination; ADA Compliance] Americans with Disabilities Act (ADA) and related federal regulations implementing the ADA do not apply to portions of private residential facilities that are not open to the general public.

  • Carolyn v. Orange Park Community Association
    (2009) 177 Cal.App.4th 1090

    [Discrimination; ADA Compliance] HOA’s private common area facilities not held to be places of “public accommodation” subject to Americans with Disability Act (ADA) requirements