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SB-84 • 2026

Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.

Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.

Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Niello (S) , Ashby (S) , Caballero (S) , Pérez (S) , Wahab
Last action
2025-06-18
Official status
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on what happens after 120 days if a business fails to correct violations, leaving this as an open question.

Disability Access: Construction-Related Claims

This bill sets rules for when someone can sue businesses that employ 50 or fewer people over construction-related accessibility issues.

What This Bill Does

  • Requires a notice of violation to be given before someone can sue a business with 50 or fewer employees over construction-related accessibility issues.
  • Gives the business 120 days to fix any problems after receiving the notice.
  • Says that if the business fixes the problem within 120 days, they do not have to pay statutory damages, attorney’s fees, or costs.

Who It Names or Affects

  • Businesses with 50 or fewer employees
  • People who sue businesses for construction-related accessibility issues

Terms To Know

statutory damages
Money that a court orders someone to pay as punishment for breaking the law.
Americans with Disabilities Act (ADA)
A federal law that stops discrimination against people with disabilities in many areas, including jobs and public places.

Limits and Unknowns

  • The bill does not specify what happens if a business does not fix the problem within 120 days.
  • It is unclear how this will affect lawsuits already in progress when the law takes effect.

Bill History

  1. 2025-06-18 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  2. 2025-06-16 California Legislative Information

    Referred to Coms. on JUD. and APPR.

  3. 2025-06-05 California Legislative Information

    In Assembly. Read first time. Held at Desk.

  4. 2025-06-04 California Legislative Information

    Read third time. Passed. (Ayes 34. Noes 2. Page 1498.) Ordered to the Assembly.

  5. 2025-05-27 California Legislative Information

    Read second time. Ordered to third reading.

  6. 2025-05-23 California Legislative Information

    Read second time and amended. Ordered to second reading.

  7. 2025-05-23 California Legislative Information

    From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1191.) (May 23).

  8. 2025-05-16 California Legislative Information

    Set for hearing May 23.

  9. 2025-05-05 California Legislative Information

    May 5 hearing: Placed on APPR. suspense file.

  10. 2025-04-25 California Legislative Information

    Set for hearing May 5.

  11. 2025-04-23 California Legislative Information

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 833.) (April 22). Re-referred to Com. on APPR.

  12. 2025-04-03 California Legislative Information

    Set for hearing April 22.

  13. 2025-04-02 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  14. 2025-01-29 California Legislative Information

    Referred to Coms. on JUD. and APPR.

  15. 2025-01-21 California Legislative Information

    From printer. May be acted upon on or after February 17.

  16. 2025-01-17 California Legislative Information

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 84, as amended, Niello.
Disability access: construction-related accessibility claims: notice of violation and opportunity to correct.
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 imposes various limits on a defendant’s liability for statutory damages under specified sets of conditions, including if the defendant, among other things, corrects the construction-related violations within a specified time.
This bill would prohibit a construction-related accessibility claim for statutory damages from being initiated in a legal proceeding against a defendant who employs 50 or fewer individuals, as specified, unless the
defendant has been served with a letter specifying each alleged violation, and the alleged violations have not been corrected within 120 days of service of the letter. The bill would provide that a defendant is not liable for statutory damages, plaintiff’s attorney’s fees, or costs for an alleged violation that is corrected within 120 days of service of a letter alleging the violation. The bill would also prohibit a plaintiff from avoiding the notice and opportunity to correct provisions and the liability limitations by claiming they are seeking general discrimination damages based on a violation of the Americans with Disabilities Act of 1990 if the underlying claim is based on a defendant’s failure to comply with physical accessibility standards under California law.

Current Bill Text

Read the full stored bill text
Download Bill PDF