Statement from a New York City Council Spokesperson on the State Appellate Division Ruling on CityFHEPS Reform Laws

 

Today, the Appellate Division of the New York State Supreme Court reversed a lower court decision and directed Mayor Adams’ administration to implement the CityFHEPS Reform Laws. In response to the decision, a spokesperson for the New York City Council, Rendy Desamours, issued the following statement: 

“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. 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. 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.”

Background:

The Appellate Division’s decision can be read here.

In its unanimous decision, the Appellate Division confirmed that “the City Council, as the legislative branch of city government, has the right to pass local laws crafting putative shelter supplements.”

The court concluded that the mayor’s position that “the City DSS is both the social services district and its department – would eliminate the distinction made by the (State) Legislature, an absurd construction that we must avoid.”

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.