Thursday, November 17, 2011

New Legislation Would Give Building Owners Notice of ADA Lawsuits

BOMA San Francisco Members:

Rep. Dan Lungren (R–Calif.) recently introduced legislation that would give building owners notice and a compliance period before a person can commence civil action for violations under the Americans with Disabilities Act (ADA). 

H.R. 3356, also known as ACCESS (ADA Compliance for Customer Entry to Stores and Services) Act of 2011. The legislation would require that any person aggrieved by discrimination based on the failure to remove a structural barrier to entry into an existing public accommodation first give written notice to the owner of the facility. The owner would then be allowed 60 days to respond with a written description outlining improvements that will be made to remove the barrier, followed by another 120 days to complete the removal of the barrier, before civil action can be pursued.

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