NYC Council Responds to Administration’s Appeal Seeking to Overturn CityFHEPS Reform Laws

Council urges Court of Appeals to uphold First Department ruling and preserve the Council's longstanding legislative authority to enact policies that help New Yorkers avoid eviction and homelessness

NEW YORK, NY - The New York City Council late Tuesday filed a response to the Mamdani Administration's appeal to the New York Court of Appeals seeking to overturn the Appellate Division, First Department's decision upholding the Council's authority to enact reforms to the City Fighting Homelessness and Eviction Prevention Supplement (CityFHEPS) program. The Administration's appeal asks the State's highest court to embrace a sweeping interpretation of state law that would strip the Council of longstanding policymaking authority and concentrate power over rental assistance and other social services policy exclusively within the executive branch.

The Council's CityFHEPS Reform Laws, enacted in 2023 over then-Mayor Eric Adams' vetoes, were designed to remove barriers to rental assistance and help low-income New Yorkers avoid eviction and homelessness amid New York City's housing crisis. The Appellate Division rejected the Administration's arguments last year, ruling that nothing in state law prevents the Council from legislating in this area. The Mamdani Administration is now appealing that decision.

"For decades, the City Council has exercised its authority to enact laws that support New Yorkers in need, including policies related to housing and social services," said Speaker Julie Menin. "At a time when too many New Yorkers are struggling to afford their homes and our shelter system remains under enormous strain, we should be focused on helping families remain housed, rather than relitigating settled questions about the Council's ability to legislate. The First Department correctly rejected this effort to undermine the separation of powers, and we are confident the Court of Appeals will do the same."

In its filing, the Council argues that the Administration's appeal seeks to invent a novel and unsupported theory of preemption that would effectively transfer policymaking authority from the City's legislative branch to the executive branch. The Council maintains that the New York State Social Services Law explicitly permits local social services districts to provide rental assistance above state minimum requirements and preserves state oversight through the Office of Temporary and Disability Assistance.

"Every day CityFHEPS expansion remains in court, more families are needlessly pushed into crisis," said Council Member Pierina Sanchez, Chair of the Committee on Housing and Buildings. "The First Department's decision was unequivocal: the Council has the authority to expand CityFHEPS. The Council's brief makes this clear. With just a few days remaining to negotiate the FY27 Budget, I continue to urge the Mayor and Council to reach a resolution that settles the case and delivers funding to significantly expand CityFHEPS. Our neighbors can't wait any longer for stable, dignified housing."

The Council further argues that accepting the Administration's theory would threaten decades of settled practice and call into question numerous laws enacted by the City Council relating to rental assistance and social services.

"At a time when New York City is facing a severe housing affordability crisis, it is critical we preserve the tools that help keep New Yorkers housed and prevent homelessness before it begins. As a co-equal branch of government, the City Council has long played an important role in shaping policies that respond to the needs of our communities," said Council Member Crystal Hudson, Chair of the Committee on General Welfare. "The CityFHEPS reforms we passed in 2023 remove barriers to rental assistance and help more New Yorkers access stable housing without first entering an already overburdened shelter system. That approach is not only more humane but also far more cost-effective. Every family that can remain housed instead of entering shelter represents significant savings for the city while creating greater stability for entire communities. As we continue to confront the challenges of affordability and homelessness, we must invest in solutions that keep people in their homes and strengthen the foundation families need to thrive."

The Council's filing can be found here.

The filing states: "The Mayor's policy critique of the program overlooks the key fact that the City has not provided the resources, administrative capacity, or housing access needed for the CityFHEPS program to thrive. But policy arguments are one thing; the law is something else entirely. Rather than following the law as passed and partnering with the Council to work on additional reforms, the Mayor simply refused to act at all. When challenged, he invoked-and now invents-legal doctrines in a bid to avoid his responsibility as the City's executive to execute the laws."

The local laws are the following:

Local Law 99 prohibits the Department of Social Services from deducting a utility allowance from the maximum amount of a CityFHEPS voucher, except in limited circumstances.

Local Law 100 removes shelter stay as a precondition to CityFHEPS eligibility, reducing barriers to assistance and preventing unnecessary shelter entry.

Local Law 101 removes certain eligibility restrictions to allow more New Yorkers facing eviction or experiencing homelessness to access vouchers.

Local Law 102 changes eligibility from 200 percent of the federal poverty level to 50 percent of area median income and removes work and source-of-income requirements that make it difficult for recipients to pursue housing and employment simultaneously.

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