City must start implementing Council’s housing voucher expansion, court rules
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Mayor Eric Adams must start enforcing City Council legislation that expanded the CityFHEPS housing voucher program, a court ruled on Thursday. City Council Speaker Adrienne Adams sued the mayor over his refusal to implement the law last year. File photo by Ed Reed/Mayoral Photography Office
By Ryan Schwach
The Adams administration has to start enforcing a law the City Council passed in 2023 that expanded a key city rental assistance program, an appellate court ruled on Thursday.
Overturning a decision by a lower court, the judges ruled unanimously that the Adams administration must begin enforcing legislation that expanded the CityFHEPS housing voucher program, which the administration has thus far declined to implement, arguing it was too expensive.
Mayor Eric Adams had vetoed the four-bill package which expanded CityFHEPS, claiming the explanation of the voucher program would be too costly to implement and that the City Council did not have standing to legislate in the realm of rental assistance.
The mayor’s veto was ultimately overridden by the Council last year, but the administration continued to ignore the new laws, prompting a lawsuit from the the City Council and Legal Aid Society brought in February 2024.
The unanimous court ruling means the city must start acting on the laws, which expand CityFHEPS by making the program, which provides rental assistance via housing vouchers, more accessible to New Yorkers by increasing eligibility and removing a shelter stay as a precondition to voucher access.
The judges of the First Judicial Department ruled that the City Council had legal standing to enact the legislation, and that it is up to the mayor to give a plan to the state on how the changes will be implemented.
The Adams administration had argued that its Department of Social Services, which oversees the CityFHEPS program, has sole authority – given to them by the state – over changing the program’s rules, not the Council.
In their overturning of the lower court’s decision, the appellate judges characterized the mayor’s assertion as “absurd.”
Robert Desir, the staff attorney in the Civil Law Reform Unit at the Legal Aid Society, applauded the court’s view and their final ruling.
“Today’s unanimous appellate decision is a critical moment for thousands of New Yorkers struggling with housing insecurity,” Desir said in a statement. “This ruling reinforces the City Council’s authority to implement policies that provide much-needed relief to vulnerable residents, ensuring they can remain in and access stable housing. At a time when affordability remains one of the most pressing challenges in New York City, this decision marks a significant step toward a housing system that is accessible and fair for all.”
In a phone call with the Eagle, Desir added that he hopes the city acts immediately.
“There are a number of people that are in need, that we've come across, that haven't been able to get relief, because we're waiting for a decision, so we're happy to have that decision, and we hope that we can start the process in getting these people relief and keeping them in their homes,” he said.
Among those in need are Queens residents Alexis Tsahirides in Astoria and Bayside resident Arnaldo Fernandez, both of whom were represented by Legal Aid.
Speaking with the Eagle almost exactly a year ago, Fernandez simply said “I need help.”
The Cuban migrant worried that if he didn’t get financial help, he could wind up in a shelter.
“Just hearing people talking about a shelter scares me,” he said. “I’m in limbo right now.”
Tsahirides had inherited an apartment from her father, who had accumulated thousands in back rent that Tsahirides could not herself pay for.
“It's hard to keep myself together some days because of overwhelming stress,” she said last year.
Tsahirides is a dog walker and full-time aid for her partner who has autism, as well as spinal stenosis.
“If I'm being completely honest, I don't feel like getting out of bed sometimes because of how stressful it is,” she said. “It's a tough burden on me.”
Both are eligible for housing vouchers under the Council’s legislation.
The City Council also celebrated the court’s decision.
“We are pleased to see the Appellate Division unanimously affirm the legality of the laws the Council enacted to confront the city’s eviction and homelessness crisis and our authority to legislate to help meet the needs of New Yorkers,” the Council’s spokesperson Rendy Desamours said.
“It is unfortunate that for two years Mayor Adams’ administration stood in the way of removing barriers to housing vouchers that keeps New Yorkers in their homes and moves them from shelters to permanent homes,” he added. “While many people experiencing housing insecurity in our city lost opportunities for help due to this obstruction and unnecessary legal proceedings, we urge the mayor to finally prioritize implementation of the reform laws to help more New Yorkers find housing stability.”
In response to the decision, the mayor’s office said it is “reviewing our legal options,” and pushed efforts the administration has made to use the pre-existing CityFHEPS program.
“The Adams administration has utilized CityFHEPS more than any prior administration — helping an unprecedented number of New Yorkers obtain permanent housing last year, including nearly 8,000 New Yorkers we helped avoid shelter using CityFHEPS vouchers, in addition to thousands more we helped leave shelter,” a mayoral spokesperson said.
