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Q&A

CM Nurse on criminal summonses and transit rule enforcement

New York City Council · Sep 16, 2026 · starts 1:03:43 · 2 min 57 sec

Nurse raises Vital City data showing criminal summonses at an eight-year high with nearly 60,000, driven by transit rule violations. Gerber explains 90% of transit summonses are civil TAB summonses, with criminal summonses reserved for recidivists with three or more prior TABs.

Sandy Nurse

Vital City reported that criminal summons in the first half of 2026 reached an eight-year high with nearly 60,000 summons.

Sandy Nurse

From what I'm understanding is being driven mostly by the increase in enforcement of transit rule violations, things like disobeying subway signs or taking up more than one seat on the subway.

Sandy Nurse

You know, again, like, why are we spending so many resources on that versus serious crime?

Member of the Public - Michael Gerber

Right.

Member of the Public - Michael Gerber

So, so you have officers in transit, right?

Member of the Public - Michael Gerber

And they're seeing, they're doing their work, and they're seeing someone who is in violation of the transit rules, right?

Member of the Public - Michael Gerber

Now, that could give rise, often the answer, by the way, is they do not, there's disobeying subway signs or taking up more than one seat on the subway.

Member of the Public - Michael Gerber

They correct the issue and that's that.

Member of the Public - Michael Gerber

When it comes to enforcement, they have the option in every case that you could give a tab summons or a criminal summons.

Sandy Nurse

You know, again, like, why are we spending so many resources on that versus serious crime?

Sandy Nurse

Right.

Member of the Public - Michael Gerber

As a matter of law, every trans-able violation is criminal summons eligible.

Member of the Public - Michael Gerber

So, so.

Member of the Public - Michael Gerber

You have officers in transit, right?

Member of the Public - Michael Gerber

And they're seeing, they're doing their work, and they're seeing someone who is in violation of the transit rules, right?

Member of the Public - Michael Gerber

In that universe of summonses in transit, 90% of the time, it's TAP, not criminal.

Member of the Public - Michael Gerber

Now, that could give rise, often the answer, by the way, is they do not, there's disobeying subway signs or taking up more than one seat on the subway.

Member of the Public - Michael Gerber

So in the vast majority of situations, as between a TAP summons and a criminal summons, an officer is saying, no, I'm going to go the civil route, not the criminal route.

Member of the Public - Michael Gerber

There's disobeying subway signs or taking up more than one seat on the subway.

Member of the Public - Michael Gerber

Where you do see the criminal summonses,

Member of the Public - Michael Gerber

in transit, when you have a tab recidivist, right?

Member of the Public - Michael Gerber

Someone who received three or more tabs in the last two years, or has three or more unanswered or unpaid tabs in the last eight years, and in that relatively narrow class of cases, when tabs have been repeatedly given, right?

Member of the Public - Michael Gerber

And now, because of the person to tab recidivist, okay, now is the criminal summons route.

Member of the Public - Michael Gerber

But again, 90% of the time, civil summons is not criminal.

Sandy Nurse

It would be great to get in the follow-up of that nearly 60,000 criminal summonses.

Sandy Nurse

What are we looking at?

Sandy Nurse

From my understanding, I hear what you're saying.

Sandy Nurse

Someone on the train is issuing, okay, they're going to go the other route and not a criminal, but who are we issuing these criminal summonses to if they're recidivists?

Sandy Nurse

Are they people who are homeless?

Sandy Nurse

I mean, like, who's on there, you know, taking out their...

Sandy Nurse

more than one seat, you know, that you are now getting a criminal summons to.

Member of the Public - Michael Gerber

Right.

Member of the Public - Michael Gerber

Just to be clear, when I say recidivist, I mean, we have a particular policy, right?

Member of the Public - Michael Gerber

So it'll say in our system, this person has gotten three or more tabs in the last two years or has three or more unpaid answer tabs in the last eight years.

Member of the Public - Michael Gerber

It is not based on whether the person is homeless or not at all.

Member of the Public - Michael Gerber

In a situation in which, okay.

Sandy Nurse

I understand.

Sandy Nurse

I think it would just be helpful if you could send some of that, a breakdown of some of that in the follow-up, and we can write out a proper question for you.

Sandy Nurse

My last question is on unconstitutional policing.