ADDITIONAL CASESUnited States of America, Plaintiff-Intervenor v. Metropolitan Transportation Authority and New York City Transit Authority, DefendantsOPINION & ORDER Before the Court are cross motions for partial summary judgment. Plaintiffs — two non-profit advocacy organizations and two disabled individuals who represent a class of similarly situated individuals — move for summary judgment seeking a determination that the replacement of the stairways at the Middletown Road Subway Station in the Bronx triggered certain accessibility requirements under 49 C.F.R. §37.43(a)(1). Defendants, Metropolitan Transportation Authority (“MTA”), the New York City Transit Authority (“NYCTA”), and their chief executives move for summary judgment seeking a determination that the applicable regulation is 49 C.F.R. §37.43(a)(2), not (a)(1). The distinction matters because under §37.43(a)(1), Defendants must make certain alterations to increase accessibility no matter the cost, while under §37.43(a)(2), Defendants must make such alterations only if doing so would not be disproportionately expensive.For the reasons set forth below, Plaintiffs’ motion for summary judgment is GRANTED and Defendants’ motion for summary judgment is DENIED.I. BACKGROUNDMillions 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
