AB649 - Disability access: construction-related accessibility claim.

Amended IN Senate July 02, 2026 Amended IN Assembly May 12, 2025 Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 649 Introduced by Assembly Member Lowenthal (Coauthors: Assembly Members Dixon, Macedo, Pacheco, and Sanchez) February 13, 2025 An act to amend Sections 55 and Section 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, and 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. LEGISLATIVE COUNSEL'S DIGEST AB 649, as amended, Lowenthal. Disability access: construction-related accessibility claim. (1) 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. 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. 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. 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. 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. (2) 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. 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. (3) 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. 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. (4) (3) 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. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 55 of the Civil Code is amended to read: 55. (a) 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. (b) 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. SEC. 2. SECTION 1. Section 55.32 of the Civil Code is amended to read: 55.32. (a) An attorney who provides a demand letter, as defined in subdivision (a) of Section 55.3, shall do all of the following: (1) Include the attorney’s State Bar license number in the demand letter. (2) 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. (b) 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: (1) 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. (2) 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: (A) The date of the judgment, settlement, or dismissal. (B) 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. (C) 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. (D) 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. (E) 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. (c) 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. (d) 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. (e) 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. (f) (1) 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: (A) The number of investigations opened to date on a suspected violation of subdivision (b) or (c) of Section 55.31. (B) Whether any disciplinary action resulted from the investigation, and the results of that disciplinary action. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (g) 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. (h) 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. (i) Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a demand letter or complaint sent [Text truncated for display. Full text available on Congress.gov.]