NYC Judge Strikes Down Council’s Rental Assistance Expansion, Backing Mayor Adams

A New York state judge has rejected a class-action lawsuit compelling Mayor Eric Adams to implement legislation that would expand access to city-funded rental assistance vouchers. 

The decision on Thursday, August 1st, handed down by Manhattan Supreme Court Judge Lyle Frank, sides with Mayor Adams in a contentious dispute over the CityFHEPS voucher program.

Judge Frank determined that the New York City Council overstepped its authority when it passed measures to broaden eligibility for the program. 

The ruling stated that state law empowers local social services agencies, not legislative bodies like the City Council, to set eligibility rules for such programs.

In February, lawmakers teamed up with the Legal Aid Society and four plaintiffs in a class action lawsuit to compel Mayor Adams to adopt the expanded CityFHEPS legislation. 

This proposed law would have allowed immediate access to housing vouchers for those facing eviction, raised income eligibility limits, and prevented landlords from reducing voucher amounts by utility costs.

Robert Desir, an attorney at the Legal Aid Society, expressed concern about the impact of the decision.

“This decision will have a devastating impact on thousands of New Yorkers on the brink of eviction or already experiencing homelessness, and it will cost the city millions of dollars on shelter costs,” Desir stated.

Mayor Adams, who had vetoed the Council’s measures last June, welcomed the court’s decision. 

Adams, in a statement, said, “While we are glad that the court agrees with our administration that these laws went beyond the City Council’s legislative authority, we are hopeful that our partners in the Council will join us in remaining committed to working to connect New Yorkers in need with safe, affordable, permanent housing.”

However, the City Council has vowed to fight back. Rendy Desamours, a spokesperson, announced plans for an “immediate appeal” of the judge’s ruling.

“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,” remarked Desamours

When Mayor Adams vetoed the bill in June 2023, he cited the city’s financial constraints, exacerbated by the ongoing migrant crisis, as the main reason for rejecting the legislation, which he claimed would cost the city $17 billion.