Disability access: construction-related accessibility claim.

Assembly Member Lowenthal's disability access legislation extends protections for businesses that proactively address construction-related accessibility violations through certified specialist inspections. The measure modifies Civil Code Section 55.56 to grant qualifying businesses a 10-year period during which they receive 120 days to correct newly identified violations and may recover legal costs from plaintiffs in accessibility claims.

Under the bill's provisions, businesses that complete a Certified Access Specialist (CASp) inspection and remedy all noted violations become eligible for these protections, provided they meet specific criteria. To qualify, a business must employ fewer than a defined number of workers, correct violations before any claims are filed, and maintain compliance following the initial inspection. The protections remain in effect unless the inspected areas undergo modifications affecting accessibility standards, in which case businesses must obtain new CASp inspections within 30 days of completing alterations.

The legislation maintains existing provisions regarding statutory damages for accessibility violations while adding new parameters around technical violations and compliance periods. It preserves plaintiffs' ability to pursue actual damages and injunctive relief, while establishing that certain technical violations are presumed not to cause access denial for claims against small businesses. The measure applies only to claims filed after its effective date, with earlier complaints remaining subject to previous statutory requirements.