Statement from Deputy Speaker Diana Ayala on Mayor Adams’ Latest Attempt to Block CityFHEPS Reform Laws from Taking Effect

Today, the New York City Council filed its opposition to a motion Mayor Adams' administration filed with the Appellate Division, First Department of the New York State Supreme Court to seek leave to file an appeal with the New York State's Court of Appeals in the case regarding CityFHEPS Reform Laws. In July, the Appellate Division, First Department unanimously reversed a lower court decision and directed the mayor's administration to implement the laws. In response to the latest filing, Deputy Speaker Diana Ayala issued the following statement:

"Once again, Mayor Adams' administration continues to try blocking and delaying assistance for New Yorkers to remain in their homes and avoid temporary shelter. Monthly evictions in our city have skyrocketed to their highest rate since their pre-pandemic 2018 level, but Mayor Adams continues to argue against the authority of our own city in a refusal to confront this crisis with available solutions. The Appellate Division unanimously affirmed the Council's local lawmaking authority and instructed Mayor Adams' administration to implement these reforms. New Yorkers experiencing housing insecurity shouldn't have to be displaced as a result of the mayor's failure to act and continued obstruction of the law. Our city and its residents deserve better."

Background:

The Council's filing can be found here.

In the filing, the Council argues that the Court should reject the Administration's motion because it rehashes arguments that it has already reviewed and rejected in its previous decision. The Council calls on the matter to be resolved "expeditiously so that the Mayor can finally take steps to implement the CityFHEPS Reform Laws and supply rental assistance to New Yorkers in need."

The filing states: "There is no need for Court of Appeals review of this unanimous and thoroughly-reasoned decision of this Court. The homelessness, eviction, and shelter-capacity crises that motivated the passage of the CityFHEPS Reform Laws in 2023 still persist today. New Yorkers urgently need the relief that these laws will provide. They must be implemented now, with no further delays. Respondents' motion for leave to appeal should be denied."

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. This eliminates previous eligibility barriers, reduces lengths of stay in the shelter system and prevents new shelter entrants.

Local Law 101 removes certain eligibility restrictions for CityFHEPS to allow applicants at risk of eviction or experiencing homelessness access to vouchers.

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

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