Disability access: construction-related accessibility claim.

Assembly Member Lowenthal's disability access legislation establishes a Small Business Right to Cure Program that provides qualifying businesses protection from statutory damages in construction-related accessibility claims. Under the program, businesses with 25 or fewer employees and annual gross receipts under $3.5 million can avoid minimum statutory damages for six years following a Certified Access Specialist (CASp) inspection report, provided they promptly correct identified violations.

The bill requires participating businesses to post both CASp inspection notices and program participation notices at public entrances, maintain inspection documentation for public review, and respond to violation notices within 30 days with plans for correcting accessibility issues. Program protections do not extend to intentional violations, policy-related accessibility issues, or claims involving personal injury or property damage.

Commercial property owners must now disclose CASp inspection status in lease agreements, with repairs to correct violations in common areas presumed to be the owner's responsibility unless otherwise agreed upon. The legislation also modifies attorney fee provisions, preventing courts from assessing prevailing defendants' fees against plaintiffs unless claims are found to be frivolous. The California Commission on Disability Access will track program participation and include this data in annual legislative reports beginning July 2027.