Thursday, October 2, 2025

City Council, Legal Aid Society Appeal Court Ruling on Housing Voucher Eligibility

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New York City Council Appeals Court Ruling Blocking Expansion of Housing Voucher Program

The New York City Council appealed on Tuesday a recent state court ruling that blocked its attempt to force Mayor Eric Adams to implement an expansion of a city housing voucher program.

Background

In February, the City Council passed a package of legislation aimed at helping people move out of the shelter system and into permanent housing. The legislation included a bill raising income eligibility for the Family Homelessness and Eviction Prevention Supplement (FHEPS), also known as CityFHEPS, from 200% of the federal poverty level to 50% of the area median income.

Court Ruling Blocks Expansion

In August, a Manhattan Supreme Court judge ruled that the Council did not have the legal authority to expand access to the CityFHEPS voucher program because state law preempts legislative bodies like the City Council from making changes to the eligibility of social service policies like CityFHEPS.

City Council’s Appeal

The Council filing argues that the judge behind the August decision misunderstood state social services law — and in so doing, posed a danger to decades of rulings involving government precedent. The Council also created a website that tracks the number of eviction cases filed and increases in the Department of Homeless Services’ (DHS) shelter population under Mayor Adams’ tenure.

Impact

As of October 1, the website lists 27,555 eviction cases that have been filed, yet the DHS shelter population has increased by 42,267 people since 2022. The Council says that the Administration’s refusal to fulfill its duty to implement the laws has inflicted harmful consequences at a time when New Yorkers need housing security and stability.

Administration’s Response

A spokesperson for City Hall touted that the Adams administration has helped over 30,000 households exit the shelter system using CityFHEPS and other programs since taking January 1, 2022. However, the spokesperson also pointed out that 10,000 households are still trying to use their CityFHEPS vouchers to find permanent housing in the midst of a “tight housing market.”

Conclusion

The New York City Council’s appeal of the court ruling is the latest development in the ongoing controversy over the expansion of the CityFHEPS voucher program. The Council is seeking to reverse the judge’s decision and implement the legislation, which it argues will help hundreds of thousands of New Yorkers struggling to find affordable housing. The outcome of the appeal remains uncertain, but the stakes are high for the tens of thousands of New Yorkers who rely on the CityFHEPS program to stay housed.

Frequently Asked Questions

Q: What is the Family Homelessness and Eviction Prevention Supplement (FHEPS) program?
A: FHEPS is a city-funded housing voucher program that helps low-income households at risk of eviction and experiencing homelessness to find and keep stable housing.

Q: What is the purpose of the City Council’s appeal?
A: The City Council is seeking to reverse the judge’s decision and implement the legislation, which it argues will help hundreds of thousands of New Yorkers struggling to find affordable housing.

Q: What is the status of the CityFHEPS program?
A: As of October 1, the website lists 27,555 eviction cases that have been filed, yet the DHS shelter population has increased by 42,267 people since 2022.

Q: What is the response of the City Hall administration to the Council’s appeal?
A: A spokesperson for City Hall argued that the administration has helped over 30,000 households exit the shelter system using CityFHEPS and other programs since taking January 1, 2022, but acknowledged that 10,000 households are still trying to use their CityFHEPS vouchers to find permanent housing in the midst of a “tight housing market.”

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