BILL NUMBER: S3226

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to prohibiting
the authority from establishing certain limitations relating to wheeled
carts and the amount of time fare paying customers may remain in certain
areas of subway stations and from ejecting fare paying customers for
blocking free movement

 
PURPOSE OR GENERAL IDEA OF BILL:

To address discriminatory MTA rulings against the homeless which did not
follow proper public hearing law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public authorities law by adding a new section 1266
which prohibits the authority from: limiting the size of wheeled carts
allowed at facilities and conveyances of the authority; limiting the
              

length of time a fare paying customer may remain in a paid fare zone of
a subway station; and ejecting fare paying customers for blocking free
movement in a station or on a stairway, elevator, escalator, platform,
or conveyance.

Section 2 states this act shall take effect immediately.

 
JUSTIFICATION:

In the wake of COVID-19 pandemic the MTA board adopted emergency rules
explicitly targeting and discriminating against the homeless. On Septem-
ber 22nd 2020 the MTA moved to make April anti homeless emergency rules
permanent. The MTA afforded the public no opportunity for public comment
on the rule changes. The hearing at which the rules were adopted was not
advertised in the state register. The only advertisement of any opportu-
nity to continent on the rule change was in fine print in the NYS regis-
ter in April, during the emergency rules adoption. As a result, the
public, homeless people and advocates had no opportunity to provide
input when these changes became permanent. Yet the MTA has justified its
adoption by noting the lack of public comment against it.

Further these rules make it possible for the transit adjudication bureau
to issue summons or eject anyone who is a fare paying rider who is occu-
pying public space on a train platform. Rules such as prohibiting
wheeled carts that are more than 30 inches wide or prohibiting fare
riders from being in a station for more than one hour target and
discriminate against homeless people using subway stations for safety,
warmth and/or shelter.

These most egregious rulings are part of a greater history and broader
campaign to aggressively push the homeless from subways. This legis-
lation not only aims to reverse the most recent discriminatory rulings
made but goes further to push back against broader MTA anti-homelessness
policy.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.