NYC Subways – Settlement Fairness Hearing

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The Southern District of New York (federal court) has scheduled a Fairness Hearing for April 7, 2023 at 10:00 a.m. It will be held in person at:

Thurgood Marshall United States Courthouse
Southern District of New York
40 Foley Square
Courtroom 619
New York, NY 10007

The New York Supreme Court (state court) has scheduled a Fairness Hearing for April 24, 2023 at 10:00 a.m., currently scheduled to take place virtually via Microsoft Teams. We will post login information when we receive it.

We will update this page if this date, time, place, or format changes for either hearing.

YOU MIGHT BE AFFECTED BY A PROPOSED CLASS ACTION SETTLEMENT ABOUT THE ACCESSIBILITY OF THE NEW YORK CITY SUBWAY SYSTEM

A court authorized this notice. This is not a solicitation from a lawyer.

You might be a member of a proposed settlement class if:

  1. You have a disability that makes the use of stairs difficult or impossible; and
  2. You require stair-free paths of travel in the New York City subway system.

The proposed settlement agreement would settle two pending class action lawsuits brought by multiple disability rights organizations and several individuals who use wheelchairs against the MTA and NYC Transit (“Defendants”). These cases challenge the inaccessibility of the New York City subway system on behalf of persons with mobility disabilities, including those who use wheelchairs or other mobility aids (including walkers, crutches or canes).

The first lawsuit, Center for Independence of the Disabled, New York v. Metropolitan Transportation Authority, Case No. 153765/2017 (Supreme Court, NY County), alleges that Defendants’ failure to install elevators or other forms of stair-free travel at approximately 75% of subway stations denies them equal access to the system in violation of NYC local law. The second lawsuit, De La Rosa v. Metropolitan Transportation Authority, Case No. 19-cv-4406 (S.D.N.Y.), argues that Defendants have a discriminatory practice of renovating subway stations without installing stair-free routes in violation of federal and local law.

In 2022, the Parties reached a settlement of both lawsuits, in which Defendants agreed, subject to certain conditions, to:

  1. Ensure that at least 95% of the MTA’s 364 currently-inaccessible subway stations (as identified in the settlement agreement) are accessible by 2055 (subject to terms including funding availability and inflation).
  2. Commit to defined funding levels for each MTA Five Year Capital Plan to be used to renovate stations to provide stair-free access.
  3. Modify their policies to require the addition of stair-free access during certain station renovation projects.

TO LEARN MORE, VISIT THE CASE PAGE FOR THE STATE LAWSUIT OR THE FEDERAL LAWSUIT, EMAIL NYCSUBWAYS@DRALEGAL.ORG, OR CALL 332-217-2363.