The Legal Aid Society filed a class action lawsuit in New York State Supreme Court against Mayor Eric Adams and the city Wednesday to compel the administration to fully implement the recently enacted package of legislation that reforms and expands the City Fighting Homelessness and Eviction Prevention Supplement (CityFHEPS) program, a local housing voucher for New Yorkers on the brink of or experiencing homelessness.
The lawsuit was filed on behalf of New Yorkers who would be eligible for CityFHEPS under the new laws but who are barred from accessing the rent subsidy because the Adams Administration has refused to implement the reforms, according to a news release.
The litigation is a result of a months-long dispute between the City Council and the Adams Administration, which began after the City Council passed the legislative package on May 25, 2023. On June 23, 2023, Mayor Adams vetoed the legislation. On July 13, 2023, the City Council overrode the Mayor’s veto of the legislation, and these measures should have taken effect on January 9, 2024.
“The Adams Administration’s refusal to implement the law is unacceptable, and the City must take immediate action to ensure that the thousands of New Yorkers who are experiencing or are on the brink of homelessness and who are now eligible for CityFHEPS can secure safe, long-term and affordable housing,” said Robert Desir, Staff Attorney with the Civil Law Reform Unit at The Legal Aid Society.
The lawsuit seeks the full implementation of:
- Local Law 99 of 2023, which permits voucher holders to lease apartments for the full voucher amount without having to first deduct utility expenses, placing CityFHEPS families on par with Section 8 vouchers holders;
- Local Law 100 of 2023, which increases income eligibility from 200 percent of the poverty line to 50 percent of area median income to expand access to more New Yorkers in need;
- Local Law 101 of 2023, which expands eligibility for CityFHEPS to any income eligible household at risk of eviction;
- Local Law 102 of 2023, which precludes the City from basing eligibility on employment status.
Susan Acks, a named plaintiff, is a 66-year-old disabled senior who has resided in the same rent-stabilized apartment in Brooklyn for almost 40 years. She worked as a pianist and musical director, but her career ended roughly 20 years ago when she was injured in a bus accident, which rendered her permanently disabled. Her monthly rent is frozen at $1,062.33. After her longtime roommate moved out in early 2023, she could no longer afford the rent and began accruing arrears.
Last year, Ms. Acks’ landlord commenced a nonpayment eviction proceeding. She does not qualify for CityFHEPS given the City’s narrow criteria and she faces imminent eviction and homelessness. That said, if the city enacts the housing laws, Ms. Acks would be able to stay in her home, Legal Aid said.
