How AB 649 Could Make ADA Compliance Harder for the CRE Industry
AB 649 aims to update California’s disability access laws and the Small Business Right to Cure Program. While intended to support compliance, changes create more legal risk, more paperwork, and fewer protections.
What You Need to Know
Right now, businesses can recover legal fees if they win an accessibility lawsuit.
AB 649 would change that:
- Legal fees could only be recovered if a lawsuit is deemed clearly baseless—a rare legal standard that makes defending against meritless claims more costly.
- Property managers would face strict deadlines (120 days) to fix all issues listed in inspection reports—even if they’re expensive or require tenant coordination.
- The Right to Cure Program would offer fewer protections, especially when claims of “intentional” violations are made.
- Businesses may be required to obtain new CASp inspections, even if they’ve already invested in recent ones.
How It Impacts You
Higher Legal Costs: You could spend thousands defending against ADA lawsuits—even when they lack merit.
Increased Compliance Pressure: Complying with rigid timelines, paperwork, and costly repairs may overwhelm your operations.
More Lawsuits: AB 649 opens the door to more claims by limiting access to legal defenses.
New Responsibilities, Less Clarity: You may be held responsible for tenant-related issues without clear legal protection.
Stay Connected
While improving access is important, AB 649 weakens key legal safeguards. Instead of promoting compliance, it could lead to more litigation and fewer real solutions.
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