Settlement in Disability Advocates’ Class Action Over MTA Elevators Includes Major Efforts to Improve Usability of Subway System for People with Disabilities

New York, NY—July 29, 2026—Today, a coalition of disability rights advocates announced a settlement of the long-running class action lawsuit against the New York Metropolitan Transportation Authority regarding elevator outages in the New York subway system.

The settlement follows lengthy litigation in both the federal district court and court of appeals regarding what steps the MTA needs to take when elevators are out of service. Read the settlement agreement.

Most recently, in 2024 Judge Daniels denied Defendants’ motion for summary judgment, finding that the MTA had not provided enough evidence for him to determine that its current elevator outage notifications or its training of MTA employees were enough to accommodate riders with disabilities who confront elevator outages. This settlement now resolves those issues. Among other things, the settlement requires:

Physical and digital signage, including:

• Alternate Accessible Travel Information signs posted directly on or adjacent to all Accessibility Elevators, indicating additional available routes, a QR code to the Elevator & Escalator Status Webpage, and information on how to contact a station agent for assistance.
• Real-time elevator status on digital Customer Information Center screens.
• Street-level physical signs indicating long-term elevator outage or those due to capital replacement projects at that station; and when NYCT elevator repair personnel are on site repairing a NYCT-owned and maintained elevator that is out of service for any reason.

Spoken announcements, including:

• Platform announcements every fifteen minutes indicating any long-term elevator outages (lasting 90 days or more) or those due to capital replacement projects up to one Accessible Station ahead in the direction of the trains arriving at the platform.
• On-board announcements on subway trains regarding Accessibility Elevator Outages confirmed to last longer than fourteen days at least two accessible stations ahead in the direction in which that train is travelling.

Telephone assistance, including:

• A 511 customer service phone number for information concerning Accessibility Elevator outages and accessible rerouting assistance.
• Real-time outage information on the MTA’s website and mobile application regarding: (a) the status of all Accessibility Elevators at any given time; (b) all affected subway lines at the impacted station; (c) the reason for any Accessibility Elevator outage; (d) the estimated return to service time; and (e) possible alternate accessible routes from the affected Accessible Station.
• Email and text alerts advising subscribing customers of changes in the status of the customer’s selected Accessibility Elevators.

The Settlement Agreement also requires Defendants to:

• Provide mandatory customer service training for all subway station agents on disability-related topics, including how to assist customers with disabilities in the event of an elevator outage, as well as mandatory annual accessibility training for all employees.
• Add information to the MTA’s Elevator & Escalator Availability metrics webpage regarding all current elevator outages, including elevators out of service for capital rehabilitation work, which the MTA excludes from its metrics regarding elevator downtime and availability.
• Acknowledge customer complaints regarding Accessibility Elevator outages within one business day of receipt of the complaint, inform the complainant that the issue has been directed to the appropriate personnel to address the elevator outage issue, and direct the complainant to real-time elevator outages information provided on the MTA’s website and mobile application.

The class action lawsuit was filed in April 2017 on behalf of a coalition of disability rights organizations and individuals who use wheelchairs by Disability Rights Advocates and co-counsel Sheppard. The lawsuit targeted subway stations that have elevators and was filed on the same day as a lawsuit targeting subway stations that did not have elevators, which led to the MTA’s agreement to install elevators in 95% of subway stations.

Because it is a class action, the settlement must now be approved by Judge George B. Daniels in the Southern District of New York who has overseen the case. Plaintiffs anticipate taking the first step towards approval in the coming weeks.

“This settlement hones in on the issues that can provide immediate relief to people with disabilities trying to navigate the complex system that is the MTA while we continue to work towards 95% of stations being accessible under the first agreement,” said Victoria Pilger, Staff Attorney with Disability Rights Advocates.

“We’re extremely pleased that we were able to resolve this matter in a way that will substantially improve the ability for people with disabilities to use and navigate this system, and look forward to working towards official approval from the Court of this important agreement,” said Dan Brown of Sheppard.

“Reliable elevator access is essential for people with disabilities to travel independently and participate fully in life across New York City. This settlement represents meaningful progress toward greater accountability and a public transportation system that people with disabilities can use with the same confidence as other riders. We are grateful to our fellow plaintiffs, attorneys, and advocates whose persistence helped make this agreement possible,” said Yaw Appiadu, Executive Director of Plaintiff Harlem Independent Living Center.

“This case has had its ups and downs, but we’re so pleased that all riders—disabled and everyone else—now will have a better chance of finding working elevators in the subways,” said Joe Rappaport, Executive Director of the Brooklyn Center for Independence of the Disabled (BCID), a plaintiff in the case since it was filed in 2017. “We applaud the MTA; the other plaintiffs and allies; and the attorneys representing us for their dedication in settling this crucial civil rights case.”

“Bronx Independent Living Services is thrilled that we have reached a settlement with the MTA. We are grateful to all of the other plaintiffs in this case as well as our attorneys and we look forward to what the outcome brings all individuals with disabilities,” said Brett Eisenberg, Executive Director of Plaintiff Bronx Independent Living Services.

“Disabled In Action is relieved to settle this lengthy lawsuit and we hope that it will bring meaningful elevator subway access to people with sensory and mobility disabilities. We all will need elevator access at some time in our lives,” said Jean Ryan of Plaintiff Disabled in Action.

“The Center for Independence of the Disabled, New York (CIDNY) is pleased that city-wide disability advocates and their attorneys from Disability Rights Advocates were able to work with the Metropolitan Transit Authority (MTA) to reach a settlement agreement in the case regarding elevator maintenance and notifications. All New Yorker should have access to transportation in New York City regardless of one’s disability status. We must ensure accessible, safe, and reliable services to all riders. Public transit is a right to all residents who live or visit New York City,” said Sharon McLennon Wier, Ph.D., MSEd., CRC, LMHC, Executive Director of Plaintiff CIDNY.

“NY StateWide Senior Action Council is pleased that some of the most vulnerable consumers, older New Yorkers and people with disabilities, were successful in having their voices heard, and were able to assert thier rights, achieving vast improvements in access to public transportation for what is now over one quarter of the city’s population,” said Maria Alvarez, Executive Director of Plaintiff NY StateWide Senior Action Council.

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Bronx Independent Living Services (BILS): Founded in 1983, Bronx Independent Living Services (BILS) is a consumer-based, non-profit organization providing services and advocacy for independent living for individuals with disabilities. BILS’s mission is to ensure full integration, independence, and equal opportunity for all people with disabilities by removing barriers to the social, economic, cultural, and civic life of the community. For more information, visit www.bils.org. 

Brooklyn Center for Independence of the Disabled (BCID): The Brooklyn Center for Independence of the Disabled, founded in 1956, is part of the independent living movement, which seeks to empower all people with disabilities to live full, independent lives. Our staff, composed largely of people with disabilities, offers services and runs advocacy campaigns to make housing, transportation and other aspects of daily living accessible to all. For more information, visit www.bcid.org.

Center for Independence of the Disabled, New York (CIDNY): The Center for Independence of the Disabled in New York is a leading advocate for people with disabilities in New York City. It was founded in 1978 to ensure full integration, independence and equal opportunity for all people with disabilities by removing barriers to the social, economic, cultural and civic life of the community. For more information, visit www.cidny.org.

Disabled In Action of Metropolitan New York (DIA): Founded in 1970, Disabled in Action of Metropolitan New York is a democratic, nonprofit membership organization consist primarily of and is directed by people with disabilities. DIA is a civil rights organization committed to ending discrimination against people with disabilities. DIA fully embraces the empowering motto “Nothing about us, without us!” For more information, visit www.disabledinaction.org.

Harlem Independent Living Center (HILC): Harlem Independent Living Center was incorporated on May 31, 1990 to provide access to independent living services to these un-served and underserved individuals and to expand the system of independent living available to all New Yorkers. HILC assists the communities of people with disabilities in achieving optimal independence through culturally and linguistically appropriate services by advocating, educating, empowering and being a community change catalyst. For more information, visit www.hilc.org.

New York StateWide Senior Action Council: Founded in 1972, StateWide’s mission is to achieve through united action the dignity, well-being and security of all senior citizens of New York State. StateWide is a grassroots membership organization of individual senior citizens and senior citizen clubs throughout New York State. StateWide works to achieve its mission through trainings, educational workshops, legislative advocacy, direct consumer assistance, and monitoring programs and services for the elderly of New York State.

Disability Rights Advocates (DRA): With offices in New York, California, and Chicago, Disability Rights Advocates is the leading nonprofit disability rights legal center in the nation. Its mission is to advance equal rights and opportunity for people with all types of disabilities nationwide. DRA represents people with all types of disabilities in complex, system-changing, class action cases. DRA is proud to have upheld the promise of the ADA since our inception. Thanks to DRA’s precedent-setting work, people with disabilities across the country have dramatically improved access to education, health care, employment, transportation, disaster preparedness planning, voting, and housing. For more information, visit dralegal.org.

Sheppard: Businesses turn to Sheppard to deliver sophisticated counsel to help clients move ahead. With more than 1,200 lawyers located in 16 offices worldwide, our client-centered approach is grounded in nearly a century of building enduring relationships on trust and collaboration. Our broad and diversified practices serve global clients—from startups to Fortune 500 companies—at every stage of the business cycle, including high-stakes litigation, complex transactions, sophisticated financings and regulatory issues. With leading-edge technologies and innovation behind our team, we pride ourselves on being a strategic partner to our clients. For more information, visit www.sheppard.com.