BILL NUMBER: AB 1521 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 21, 2015
AMENDED IN ASSEMBLY MAY 6, 2015
INTRODUCED BY Committee on Judiciary (Assembly Members Mark Stone
(Chair), Alejo, Chau, Chiu, Cristina Garcia, Holden, and O'
Donnell and Holden ))
MARCH 10, 2015
An act to amend Section 55.3 of the Civil Code, relating to
disability access.
LEGISLATIVE COUNSEL'S DIGEST
AB 1521, as amended, Committee on Judiciary. Disability access:
construction-related accessibility claims.
Existing law provides that individuals with disabilities or
medical conditions have the same right as the general public to the
full and free use of the streets, highways, sidewalks, walkways,
public buildings, medical facilities, public facilities, and other
public places, and allows a person who is aggrieved or potentially
aggrieved by a violation of specific provisions of law to bring an
action to enjoin the violation. Existing law requires an attorney to
provide a written advisory with each demand letter or complaint, as
defined, sent to or served upon a defendant or potential defendant
for any construction-related accessibility claim, as specified.
This bill would require the above-described advisory to include
additional information regarding the rights and obligations of
business owners and commercial tenants, as specified. In addition to
the written advisory, the bill would require an attorney to provide a
defendant or potential defendant of a construction-related
accessibility claim with an answer form developed by the Judicial
Council, which would allow a defendant to respond in the event a
complaint is filed, as specified. The bill would, on or before July
1, 2016, require the Judicial Council to update the advisory form and
adopt the answer form, as specified.
The bill also would include technical changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 55.3 of the Civil Code is amended to read:
55.3. (a) For purposes of this section, the following apply:
(1) "Complaint" means a civil complaint that is filed or is to be
filed with a court and is sent to or served upon a defendant on the
basis of one or more construction-related accessibility claims, as
defined in this section.
(2) "Construction-related accessibility claim" means any claim of
a violation of any construction-related accessibility standard, as
defined by paragraph (6) of subdivision (a) of Section 55.52, with
respect to a place of public accommodation. "Construction-related
accessibility claim" does not include a claim of interference with
housing within the meaning of paragraph (2) of subdivision (b) of
Section 54.1, or any claim of interference caused by something other
than the construction-related accessibility condition of the
property, including, but not limited to, the conduct of any person.
(3) "Demand for money" means a prelitigation written document or
oral statement that is provided or issued to a building owner or
tenant, or the owner's or tenant's agent or employee, that does all
of the following:
(A) Alleges that the site is in violation of one or more
construction-related accessibility standards, as defined in paragraph
(6) of subdivision (a) of Section 55.52, or alleges one or more
construction-related accessibility claims, as defined in paragraph
(2).
(B) Contains or makes a request or demand for money or an offer or
agreement to accept money.
(C) Is provided or issued whether or not the attorney intends to
file a complaint, or eventually files a complaint, in state or
federal court.
(4) "Demand letter" means a prelitigation written document that is
provided to a building owner or tenant, or the owner's or tenant's
agent or employee, that alleges the site is in violation of one or
more construction-related accessibility standards, as defined in
paragraph (6) of subdivision (a) of Section 55.52, or alleges one or
more construction-related accessibility claims, as defined in
paragraph (2), and is provided whether or not the attorney intends to
file a complaint, or eventually files a complaint, in state or
federal court.
(b) An attorney shall provide the following items with each demand
letter or complaint sent to or served upon a defendant or potential
defendant alleging a construction-related accessibility claim:
(1) A written advisory on the form described in subparagraph (B),
or, until that form is available, on a separate page or pages that
are clearly distinguishable from the demand letter or complaint. The
advisory shall not be required in subsequent communications following
the initial demand letter or initial complaint unless a new
construction-related accessibility claim is asserted in the
subsequent demand letter or amended complaint.
(A) The advisory shall state as follows:
STATE LAW REQUIRES THAT YOU GET THIS IMPORTANT ADVISORY
INFORMATION FOR BUILDING OWNERS AND TENANTS
This information is available in English, Spanish, Chinese,
Vietnamese, and Korean through the Judicial Council of California.
Persons with visual impairments can get assistance in viewing this
form through the Judicial Council Internet Web site at
www.courts.ca.gov.
California law requires that you receive this information because
the demand letter or court complaint you received with this document
claims that your building or property does not comply with one or
more existing construction-related accessibility laws or regulations
protecting the civil rights of persons with disabilities to access
public places.
YOU HAVE IMPORTANT LEGAL OBLIGATIONS. Compliance with disability
access laws is a serious and significant responsibility that applies
to all California building owners and tenants with buildings open for
business to the public. You may obtain information about your legal
obligations and how to comply with disability access laws through the
Division of the State Architect at www.dgs.ca.gov. Information is
also available from the California Commission on Disability Access at
www.ccda.ca.gov/guide.htm.
YOU HAVE IMPORTANT LEGAL RIGHTS. The allegations made in the
accompanying demand letter or court complaint do not mean that you
are required to pay any money unless and until a court finds you
liable. Moreover, RECEIPT OF A DEMAND LETTER OR COURT COMPLAINT AND
THIS ADVISORY DOES NOT NECESSARILY MEAN YOU WILL BE FOUND LIABLE FOR
ANYTHING. You will have the right if you are later sued to fully
present your explanation why you believe you have not in fact
violated disability access laws or have corrected the violation or
violations giving rise to the claim.
You have the right to seek assistance or advice about this demand
letter or court complaint from any person of your choice. If you have
insurance, you may also wish to contact your insurance provider.
Your best interest may be served by seeking legal advice or
representation from an attorney, but you may also represent yourself
and file the necessary court papers to protect your interests if you
are served with a court complaint. If you have hired an attorney to
represent you, you should immediately notify your attorney.
If a court complaint has been served on you, you will get a
separate advisory notice with the complaint advising you of special
options and procedures available to you under certain conditions.
ADDITIONAL THINGS YOU SHOULD KNOW:
ATTORNEY MISCONDUCT. Except for limited circumstances, state law
generally requires that a prelitigation demand letter from an
attorney MAY NOT MAKE A REQUEST OR DEMAND FOR MONEY OR AN OFFER OR
AGREEMENT TO ACCEPT MONEY. Moreover, a demand letter from an attorney
MUST INCLUDE THE ATTORNEY'S STATE BAR LICENSE NUMBER.
If you believe the attorney who provided you with this notice and
prelitigation demand letter is not complying with state law, you may
send a copy of the demand letter you received from the attorney to
the State Bar of California by facsimile transmission to
1-415-538-2171, or by mail to the State Bar of California, 180 Howard
Street, San Francisco, CA, 94105, Attention: Professional
Competence.
REDUCING YOUR DAMAGES. If you are a small business owner and
correct all of the construction-related violations that are the basis
of the complaint against you within 30 days of being served with the
complaint, you may qualify for reduced damages if the matter results
in a court judgment. If you believe you qualify for reduced damages,
you may wish to consult an attorney to obtain legal advice, or
contact the California Commission on Disability Access for additional
information about the rights and obligations of business owners.
COMMERCIAL TENANT. If you are a commercial tenant, you may not be
responsible for ensuring that some or all portions of the premises
you lease for your business, including common areas such as parking
lots, are accessible to the public because those areas may be the
responsibility of your landlord. You may want to refer to your lease
agreement and consult with an attorney or contact your landlord, to
determine if your landlord is responsible under the terms of your
lease for maintaining and improving some or all of the areas you
lease to operate your business.
(B) On or before July 1, 2016, the Judicial Council shall update
the advisory form that may be used by an attorney to comply with the
requirements of subparagraph (A). The advisory form shall be in
substantially the same format and include all of the text set forth
in subparagraph (A). The advisory form shall be available in English,
Spanish, Chinese, Vietnamese, and Korean, and shall include a
statement that the advisory form is available in additional
languages, and the Judicial Council Internet Web site address where
the different versions of the advisory form are located. The advisory
form shall include Internet Web site information for the Division of
the State Architect and the California Commission on Disability
Access.
(2) An answer form developed by the Judicial Council, which allows
a defendant to respond to the complaint in the event a complaint is
filed.
(A) The answer form shall be written in plain language and allow
the defendant to state any relevant information affecting the
defendant's liability or damages including, but not limited to, the
following:
(i) Specific denials of the allegations in the complaint,
including whether the plaintiff has demonstrated that he or she was
denied full and equal access to the place of public accommodation on
a particular occasion pursuant to Section 55.56.
(ii) Potential affirmative defenses available to the defendant,
including:
(I) An assertion that the defendant qualifies for reduced damages
pursuant to paragraph (1) or (2) of subdivision (f) of Section 55.56,
and facts supporting that assertion.
(II) An assertion that the defendant's landlord is responsible for
ensuring that some or all of the property leased by the defendant,
including the areas at issue in the complaint, are accessible to the
public. The defendant shall provide facts supporting that assertion,
and the name and contact information of the defendant's landlord.
(III) Any other affirmative defense the defendant wishes to
assert.
(iii) Whether the defendant made a written settlement offer that
was rejected by the plaintiff, or met with the plaintiff in a good
faith effort to negotiate a settlement of the complaint.
(iv) Any other information that the defendant believes is relevant
to his or her potential liability or damages.
(B) The answer form shall provide instructions to a defendant who
wishes to file the form as an answer to the complaint. The form shall
also notify the defendant that he or she may use the completed form
as an informal response to a demand letter or for settlement
discussion purposes.
(C) On or before July 1, 2016, the Judicial Council shall adopt
the answer form that may be used by an attorney to comply with the
requirements of this paragraph, and shall post the answer form on the
Judicial Council Internet web site.
(c) Subdivision (b) applies only to a demand letter or complaint
made by an attorney. This section does not affect the right to file a
civil complaint under any other law or regulation protecting the
physical access rights of persons with disabilities. Additionally,
this section does not require a party to provide or send a demand
letter to another party before proceeding against that party with a
civil complaint.
(d) This section does not apply to an action brought by the
Attorney General, or by General or any
district attorney, city attorney, or county counsel.