MTA Clarifies New Policy on Damage Aid From Tunneling

The Metropolitan Transportation Authority on Friday issued a clarification of its new policy providing aid to owners of properties damaged in the area of subway tunneling, saying those with lawsuits pending against the agency will not be disqualified.

A spokesman said MTA Chief Executive Joseph E. Drew was mistaken when he suggested at a board meeting Wednesday that a loan program and immediate monetary aid would be offered only to people who had not filed lawsuits.

The spokesman said Drew meant only to say that money received through the assistance program would be subtracted from any future legal settlements with the transit agency.

“The MTA’s new . . . program is designed to aid, not restrict, residents and businesses affected by construction activities,” said Drew in a written statement Friday. “Anyone who receives help from us does not waive his or her rights to sue the agency.”

He said owners of businesses or properties within 100 feet of the tunnel route who can show a loss due to noise, vibration, dust or loss of customer access would be eligible for “good faith payments on claims, low-interest loans, cost of structural repairs, short-term rental and mortgage payment support and other limited expense.”

Also, Drew reiterated that a rapid-response team would be created for each MTA construction project, consisting of experts authorized to make an assessment of impacts within 72 hours of a complaint.

A team has already been assembled to prepare for future complaints along the route of subway tunneling in North Hollywood, he said.