New York Public Authorities Law Section 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. 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.

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.

Last modified: February 3, 2019