LEGAL CORNER: NYC Passes the FARE Act and Restricts the Payment of Commissions by Tenants
The real estate industry has expressed concerns regarding the potential repercussions of the FARE Act.
WASHINGTON—U.S. Senate Majority Leader Charles Schumer and U.S. Rep. Adriano Espaillat (NY-13) announced on Oct. 24 that the Federal Transit Administration is poised to approve a full funding grant agreement for the Second Avenue Subway Phase 2 (SAS II) project, totaling $3.4-billion. The funding will allow the SAS II project to proceed to extend the Q train from 96th Street to 125th Street in East Harlem.
“Congressman Espaillat and I are proud to announce that the Second Avenue Subway is going to receive $3.4 billion in federal funding to advance phase two of its construction. This is the largest Capital Investment Grant in the history of the program. This grant is significant not only in its size but also in where it’s going. The funds will be used to build public transit in a neighborhood that has been neglected for far too long,” U.S. Senator Schumer said.
“Phase two of the Second Avenue Subway will have a tremendous benefit on the livelihood of over 100,000 East Harlem residents and today’s announcement from the Federal Transit Administration (FTA) to grant full funding for this project brings us one step closer to finally removing barriers to access public transportation that constituents in my district have faced,” said Rep. Espaillat. “I am proud to have helped advance $3.4 billion in federal funding for the project, which is the largest grant of its kind issued to the MTA in the agency’s history. This is a direct result of many years of hard work, dedication, and advocacy in collaboration with Governor (Kathy) Hochul, MTA Chair (Janno) Lieber, my congressional colleagues, the MTA, local elected officials, and groups and residents from the community. The long-awaited SAS II project finally gets its due time and much-needed federal support to bring these transit improvements to East Harlem and beyond, and as a result this historic project will transform our city for many generations to come.”
Sen. Schumer and Rep. Espaillat said that the Second Avenue Subway alone will deliver tens of thousands of good-paying union jobs and contribute to the continued economic development of East Harlem. They said that the Bipartisan Infrastructure Law they pushed and passed in Congress made historic investments—more than $8 billion—in the Capital Investment Grant program, the exact program that is now releasing this historic award to the Second Avenue Subway and New York.
Sen. Schumer said that the announcement is part of a greater infrastructure moment we are having in New York – Gateway, East Side Access, and now, Second Avenue Subway.
Advancing an FFGA locks in $3.4 billion in federal funding for the project, which is the largest MTA FFGA in Federal Transit Authority’s history, greater than the $2.63 billion Long Island Rail Road (LIRR) East Side Access to Grand Central Terminal to the MTA in 2006. Following this latest FTA development, the FFGA will now be sent to Congress for a two-week review period, where it is expected to move forward without any further delay, Sen. Schumer and Rep. Espaillat stated.
In July of this year. Governor Kathy Hochul today announced that the Metropolitan Transportation Authority is advancing on Phase 2 of the Second Avenue Subway with the solicitation of the first contract for construction of the future extension of the Second Avenue Subway to 125th Street in Harlem. The long-awaited extension will deliver transportation equity to East Harlem, one of the most transit-dependent neighborhoods in New York City. As part of this announcement, the MTA also unveiled new conceptual renderings of the proposed stations for the extension, providing future riders with a first-ever glimpse into the potential station interior and exterior designs.
State officials said at the time that the contract will be solicited as a Design-Bid-Build A+B contract, which incentivizes proposers to compete on both cost and time needed to complete the work. In 2022, MTA Construction and Development saved more than $100 million on A+B contract awards compared to estimates. The solicitation has been posted, and a contract is expected to be awarded this fall, with work to begin by the end of the year.
According to the posting, the contract is valued between $50 to $100 million and the current opening/due date is Nov. 16, 2023.
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