The MTA Reaches Historic Class Action Settlement Resolving Allegations of ADA and NYC Human Rights Law Violations

As reported by The New York Times, Paul, Weiss helped the Metropolitan Transportation Authority and the New York City Transit Authority enter into a landmark settlement agreement with individuals and organizations representing a class of individuals whose disabilities make the use of stairs difficult or impossible, and who require stair-free paths of travel in the New York City subway system. The settlement resolves two class actions, in state and federal court, which had been pending for more than five years, and represents the MTA’s ongoing commitment to ensure universal access to the New York City subway system.

The first case, Center for Independence of the Disabled, New York, et al. v. Metropolitan Transportation Authority, et al., was brought in the New York Supreme Court and alleged that the lack of elevators throughout the New York City subway system violated the New York City Human Rights Law. The second case, De La Rosa et al. v. Metropolitan Transportation Authority et al., was brought in the Southern District of New York and alleged that the MTA’s failure to install elevators in stations when they were renovated violated Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law.

After years of litigation followed by more than 12 months of negotiations and settlement discussions, the parties reached an omnibus agreement resolving both class actions and committing to make 95% of all currently inaccessible stations accessible over the next 33 years, subject to various funding and other conditions. The settlement agreement contemplates ongoing collaboration between the MTA’s Office of the Chief Accessibility Officer and advocates to carry out the agreement’s long-term objectives.

The Paul, Weiss team included litigation partners Allan Arffa and Gregory Laufer and counsel Daniel Crane.