Bill would provide 120 days to fix ADA violations without penalty
A Southern California lawmaker has proposed legislation that would help deter frivolous disability-access lawsuits against landlords and other business owners.
SB 1142 by Sen. John R-Moorlach, Costa Mesa, would provide property owners and businesses a “right to cure” within 120 days of any Americans with Disabilities Act violation without penalty or threat of lawsuit.
Sen. John Moorlach
The bill would stipulate that a defendant is not liable for statutory damages, costs, or plaintiffs’ attorneys’ fees if the violation is corrected within 120 days of service of a demand letter.
California law provides that a plaintiff is entitled to a minimum of $4,000 per violation, triple damages, and may be awarded attorneys’ fees. Rental property owners are routinely targeted and extorted out of thousands of dollars by unscrupulous attorneys for minor or technical ADA violations.
SB 1142 would deter frivolous litigation that only seek to leverage statutory damages for minor violations that have not caused any harm.
Assemblywoman Kristin Olsen, R-Modesto, and Sen. Richard Roth, D-Riverside also have proposed legislation this year targeting abusive ADA lawsuits . Click here to read more about their proposals.