UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER

I. BACKGROUND

Millions of New Yorkers rely on the subway to get to work, school, and their friends and family. To access the subway, riders must go through one of New York City’s 472 subway stations. Middletown Road Station is one such station. Defs.’ Responses ¶ 1. It is located in the Bronx along the IRT Pelham Line and serves the 6 train. Defs.’ Responses ¶ 1. Middletown Road Station is an elevated station; to board a train, riders must climb one set of stairs to reach a mezzanine area and buy a ticket, then climb a second set of stairs to reach the train platforms. Defs.’ Responses ¶ 2. This path is the only means by which users may board a train at the Station, as no elevators are available. Defs.’ Responses ¶ 3.

In 2003, NYCTA began planning renovations for the station in order to bring it to a “state of good repair,” as required under Department of Transportation (“DOT”) regulations. Pls.’ Responses ¶ 26. These renovations were be part of a larger project to renovate nine elevated stations along the IRT Pelham Line, from Whitlock Avenue Station at the southern end to Buhre Avenue Station at the northern end. Pls.’ Responses ¶ 28. The project design phase for the Middletown Road Station renovations was completed by an NYCTA design team in 2007. Pls.’ Responses ¶ 29.

Defendants submitted the design documents and the project master plan to the Federal Transit Administration (“FTA”) in November 2007 as part of their request for federal grant assistance with the project. Pls.’ Responses ¶ 29. The FTA reviews grant applications for, among other things, compliance with the Americans with Disabilities Act (“ADA”). See Federal Transit Administration, Tips for ADA Compliance (Apr. 22, 2014).¹ The FTA may only award grant assistance to projects that have been certified as ADA-compliant. See Federal Transit Administration, FTA Fiscal Year 2018 Certifications and Assurances.² The project master plan and design documents submitted to the FTA included the scope of the intended renovations. The master plan did not include plans for the installation of elevators at the Middletown Road Station. Pls.’ Responses ¶ 31. In fact, no station on the Pelham Line slated for renovations included the installation of any elevators. Pls.’ Responses ¶¶ 31, 32.

In 2008, Defendants withdrew their request for FTA funding for the northernmost four of the nine planned Pelham Line stations, including the Middletown Road Station, intending instead to pursue the renovations as part of their 2010-2014 capital plan.³ Pls.’ Responses ¶ 33. In August 2011, Defendants determined that they would limit the scope of the renovations at these northernmost four stations, relabeling each from a “rehabilitation project” to a “renewal project.” Pls.’ Responses ¶ 35. The revised scope of work for the Middletown Road Station included, among other changes, the repair and replacement of the mezzanine’s steel framing; the replacement of floors, walls, railings, and platforms; the installation of new lighting on the mezzanine and platforms; repainting; and the replacement of the street-to-mezzanine and mezzanine-to-platform staircases. Pls.’ Responses ¶ 37. The revised scope of work did not provide for the installation of elevators. Pls.’ Responses ¶ 40.

In March 2012, Defendants resubmitted to the FTA their request for federal funds for the Middletown Road Station renovations, now more limited in scope. Pls.’ Responses ¶ 36. Defendants resubmitted funding requests for the other three northernmost stations as well. Pls.’ Responses ¶ 36. The FTA granted funding for each station except the Middletown Road Station. Pls.’ Responses ¶ 40.

Renovation work on Middletown Road Station took place over a seven-month period that began in October 2013 and ended in May 2014. Defs.’ Responses ¶ 4. The station was closed during this time. Defs.’ Responses ¶ 5. As part of the renovations, Defendants completely replaced the staircases, bringing them into a “state of good repair” as defined under DOT guidelines. Defs.’ Responses ¶¶ 17, 18. Defendants also made various renovations to the mezzanine and platform floors, reconstructing platform edges, replacing concrete platforms, and installing new lighting. Pls.’ Responses ¶ 37.

This action was filed on June 28, 2016. Doc. 1. On March 13, 2018 the United States filed a complaint-in-intervention. Doc. 66.