2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 9 - New York City Transit Authority › 1205 - Rates of Fare and Levels of Service.

§  1205.  Rates  of fare and levels of service. 1. Notwithstanding the
provisions of any other law, the terms of any contract or franchise, the
authority shall have the power at all times to fix or adjust the rate or
rates of fare to be charged for the use of any transit facility operated
by the authority as may in the judgment of the authority be necessary to
maintain the operations of the authority on a self-sustaining basis. The
operations of the authority shall be deemed to be on  a  self-sustaining
basis, as required by this title, when the authority is able to pay from
revenue, from any funds granted or transferred to the authority pursuant
to  any  provision  of  law,  including  funds  granted  pursuant to the
provisions of section ninety-eight-b of the general municipal  law,  and
from  any other funds actually available to the authority, including the
proceeds of borrowings for working capital  purposes,  the  expenses  of
operation of the authority as the same shall become due.
2.  Upon  the  written request of the mayor the authority shall permit
reduced fares  for  one  or  more  classes  of  transit  facility  users
designated  by  the  mayor  upon the agreement of the city to assume the
burden of  the  resulting  differential,  together  with  the  attendant
administrative   costs   of   the   authority,  pursuant  to  procedures
satisfactory to the authority.
3. Notwithstanding the provisions of subdivision one of this  section,
no  zonal  system  of  fares proposed to be instituted on or after March
first, nineteen hundred sixty-eight for the use of the whole or any part
of a rapid transit facility or of an omnibus line facility  operated  by
the  authority  and  no  general  revision  of  the  system of transfers
applicable to the use of all such facilities in effect as of  that  date
shall  be established without the written approval of the mayor. For the
purposes of this subdivision the term "zonal system of fares" shall mean
any system whereby the fare payable for  the  use  of  a  rapid  transit
facility  or  an  omnibus  line  facility  or of any part thereof varies
according to distance traveled or to the location of the point of  entry
or  departure  by  the  user,  but  the  creation or elimination of free
transfer points shall not be regarded  as  the  institution  of  such  a
system.
4.  From  and  after  March  first,  nineteen  hundred sixty-eight, no
substantial or general change in the levels of  service  furnished  upon
the  rapid  transit  facilities  or  the  omnibus line facilities of the
authority shall be instituted except upon not  less  than  thirty  days'
written notice to the mayor and to the board of estimate.
5.  (a)  Any complete or partial closing of a passenger station within
the city of New York, or any means of public access  to  such  facility,
except  for  purposes  of  repair  or renovation or in case of emergency
shall be accomplished only if approved by resolution  of  the  authority
adopted  by  not  less than a majority of the whole number of members of
the authority then in office, and only  after  a  public  hearing.  Such
hearing  shall  be  held  not less than thirty days after notice of such
proposed closing has been given to, and  comments  solicited  from,  the
community  board  as  established pursuant to section eighty-four of the
New York city charter whose area of jurisdiction  includes  the  station
proposed to be closed or otherwise affected.
(b)  In  the case of a planned complete closure of a passenger station
for purposes of repair or renovation, where such station will be out  of
service  for  sixty  days  or longer the MTA board shall adopt a policy,
within ninety days of the effective date of the chapter of the  laws  of
two  thousand  nineteen which amended this subdivision, that will ensure
adequate communication of such work to impacted stakeholders where  such
passenger  station  is  located  including  but  not limited to: elected
representatives, senate  and  assembly  representatives,  and  community

boards at least forty-five days prior to such closure. Such policy shall
require  the  authority  to  notify  the community board or boards whose
district contains a passenger station  subject  to  a  planned  complete
closure or is contiguous to a district that contains a passenger station
subject  to  a  planned  complete  closure  located  on the same line of
service as the passenger station subject to  closure  in  writing.  Such
written  notice  shall  provide  such  board or boards with an option to
request  a  presentation  from  the  authority  regarding  such  planned
complete  closure.  Upon request from such board or boards the authority
shall, at a date convenient to  such  board  or  boards  prior  to  such
closure,  present information regarding such closure and related service
alternatives and also allow for public comment. The  policy  shall  also
require  that the authority provide notice to the public at least thirty
days prior to such closure by:  (i)  posting  notice  in  the  passenger
stations  that are scheduled for closure; and (ii) posting notice on the
authority's website and social  media  accounts;  providing  information
about the planned complete closure, service alternatives, and directions
on  how  the  public can provide comment to the authority regarding such
closure. This subdivision shall not apply to emergency station  closures
resulting  from unforeseen circumstances where such closure is necessary
to ensure public health, safety and welfare.
6. No acts or  activities  taken  or  proposed  to  be  taken  by  the
authority  pursuant  to the provisions of subdivision one or two of this
section shall be deemed to be "actions" for the purposes or  within  the
meaning of article eight of the environmental conservation law.
7.  Whenever  the  authority  causes  notices  of hearings on proposed
changes in services or fares to be posted pursuant to  this  section  or
any  statute,  regulation,  or authority policy, or where it voluntarily
posts such notices, such notices shall: (a) be written in  a  clear  and
coherent  manner  using  words with common and every day meaning; (b) be
captioned in large point type bold lettering with a  title  that  fairly
and  accurately  conveys the basic nature of such change or changes; (c)
where such change involves a proposed change in levels of fare,  include
in  its  title the range of amounts of fare changes under consideration;
(d) contain, to the extent practicable, a  concise  description  of  the
specific nature of the change or changes, including but not limited to a
concise  description  of those changes that affect the largest number of
passengers; (e) where such change involves a change in the nature  of  a
route,  contain, to the extent practicable, a clear graphic illustration
of such change or changes; and (f) where such change involves a  partial
or complete station closing, such notice shall be posted at the affected
station  with  a  clear graphic illustration depicting the nature of any
closing for such station.
8. Notwithstanding any other provision of law, the authority  and  any
of its subsidiary corporations shall establish and implement a half fare
rate program for persons with serious mental illness who are eligible to
receive  supplemental  security  income  benefits as defined pursuant to
title sixteen of the federal social security act and section two hundred
nine of the social services law. The half fare rate program  established
and  implemented  pursuant  to  this  subdivision  shall be in operation
during all hours in  which  such  authority  provides  railroad,  subway
and/or  omnibus  services,  and  such  program  shall  not be limited in
operation to off-peak hours or to any  other  hours  designated  by  the
authority or its subsidiary corporations.