NYC Council loses lawsuit over housing voucher expansion
Photo courtesy of Boran Pang on Unsplash
A state judge on Thursday rejected a lawsuit from the New York City Council that sought to force Mayor Eric Adams to expand a housing voucher program. Manhattan Supreme Court Judge Lyle E. Frank on Thursday ruled the City Council lacks the legal authority to expand the program, a 2023 law originally vetoed by Adams, The City reported. The judge sided with Adams, stating the Council’s bill was invalid, “preempted by the state’s social services law,” and the council had no authority to expand the program.
“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,” Judge Lyle E. Frank stated in the ruling.
In May 2023, the City Council passed a set of bills designed to help house more New Yorkers and free up space in homeless shelters for asylum seekers. The legislation included the end to a rule that required unhoused people to spend at least 90 days in shelters before qualifying for a rental assistance voucher, known as CityFHEPS, and expanded the number of people eligible for the vouchers.
The legislation expanded eligibility for housing vouchers for people facing evictions and increased income eligibility from 200 percent of the federal poverty level to 50 percent of the area median income.
The mayor vetoed parts of the legislation, claiming the law package would be too costly for the city and “make it harder” for homeless New Yorkers to find housing. The Council passed the legislation by a vote of 41 to 7, a big enough majority to override the veto.
But in December 2023, the city’s Department of Social Services sent a letter to the Council claiming the voucher reforms could not be implemented due to “substantial financial, operational, and legal issues,” according to The City.
In February, the Council filed a motion to join a class-action lawsuit filed by the Legal Aid Society against the Adams administration for failing to comply with the new laws, which were scheduled to take effect on January 9.
City Council spokesperson Rendy Desamours issued a statement on behalf of the Council in response to the ruling, announcing plans to appeal the decision.
“We disagree with the court’s ruling and will be pursuing an immediate appeal. 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,” Desamours said.
Robert Desir, a staff attorney at the Legal Aid Society, said the group is “considering all of our options, including an appeal,” as reported by The City.
The mayor’s office applauded the ruling:
“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.”
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