(The Center Square) — The New York City Council has no legal authority to expand a city housing voucher program, according to a ruling by a state judge, which hands a win to Mayor Eric Adams in a widening intra-party fight with the chamber.
The ruling by state Superior Court Judge Lyle E. Frank found the council overstepped its authority in passing a package of bills that would make more New Yorkers eligible for the CityFHEPS rental assistance program, siding with the Adams administration’s argument that the council’s bill was invalid and preempted by the state’s social services law.
“The issue is not whether the Council’s action of overriding the Mayor’s veto was lawful but rather whether the subject of the legislation is preempted by state law,” Frank wrote in the ruling, issued Thursday.
Earlier this year, the council joined a class action lawsuit filed by the Legal Aid Society on behalf of low-income New Yorkers against Adams over his “failure” to enact the new requirements. The council said it plans to appeal the ruling.
“We disagree with the court’s ruling and will be pursuing an immediate appeal,” council spokesperson Rendy Desamours said in a statement. “It’s unfortunate that Mayor Adams’ administration has fought to delay help to New Yorkers that can prevent them from evictions and homelessness amidst a housing crisis.”
The package of bills, approved last year, would allow New Yorkers facing eviction to apply for rental vouchers and eliminate a rule requiring people to stay in shelters for 90 days before they are eligible to receive a voucher.
It also prohibits landlords from deducting utility bill charges from a voucher and raises the cutoff income level to qualify for assistance.
Adams, a Democrat, vetoed the proposal, saying it would be too costly to the city. He estimated it would cost $17 billion over the next five years, $7 billion more than the council had projected.
The Democratic-controlled council overrode Adams’ veto by a vote of 42-8 in July, gave the mayor until Feb. 7 to implement the law, and said he hasn’t complied with the demands.
In February, the council filed a lawsuit alleging that Adams is legally bound to implement the law but refuses to do so over his objections to the changes. The council requested to join a class action lawsuit by several low-income New Yorkers against Adams over his “failure” to enact the new requirements.
Under the CityFHEPS program, a household must have a gross income at or below 200% of the federal poverty level and face eviction. About 36,000 households use the program, according to the city.
In 2023, the city spent nearly $500 million on the program, almost double what it spent in 2021, according to the city’s Independent Budget Office. Expanding the voucher program would cost the city between $3 billion and $36 billion over the next five years, the Adams administration says.
The dispute over implementing the rental voucher law is the latest development in a widening intra-party rift between Adams and the council, which recently overrode the mayor’s vetoes of a police stop bill and a ban on solitary confinement in city jails.
It also comes as the city continues to grapple with the influx of tens of thousands of migrants, which has pushed its emergency shelter system to the brink of collapse.
