New York City Mayor Zohran Mamdani filed an appeal with the New York Appellate Court on Tuesday, opposing the CityFHEPS rental assistance expansion bill led by the City Council. This move not only signifies a significant reversal from his campaign promise of “withdraw lawsuits, comprehensively expand housing assistance,” but also continues the legal battle path set during the tenure of former Mayor Eric Adams.
CityFHEPS is a rental assistance program managed by the New York City social services system that helps eligible families afford rent, lasting up to five years, to help them avoid homelessness or transition smoothly to stable housing.
The appeal revolves around the latest clash over the 2023 City Council legislation. The City Council-led “CityFHEPS Rental Assistance Expansion Bill” aims to relax the application thresholds for CityFHEPS, including lifting the requirement to stay in shelters, raising income eligibility, and extending the assistance to families facing eviction risks. The City Council and advocacy groups believe that this could prevent thousands of families from falling into the shelter system and potentially benefit around 47,000 to 50,000 additional households in the next five years.
However, the city government emphasizes financial pressure, pointing out that the expansion costs of the program could reach up to $10 billion. In the latest appeal, the city government legal team reiterated the stance consistent with the Adams administration, arguing that the City Council has no authority to “control” the program and claiming that the related legislation violates the power distribution between the city and the state.
Mamdani himself defended his position citing budget constraints, highlighting that New York City faces a financial shortfall of around $5.4 billion. If the appeal is abandoned, the expansion costs in the coming years alone could exceed $4 billion. His administration stated that the appeal was also due to the failure to reach an alternative solution with the council and advocacy groups before the deadline of March 25 set by the court.
However, this move quickly sparked strong backlash. Multiple housing advocacy organizations criticized Mamdani for “betraying” his campaign promises. Christine Quinn, the chairperson of Women in Need, one of New York City’s largest homeless service organizations and former City Council speaker, criticized the move as “unethical,” accusing the city government of failing to propose effective reforms, leaving homeless families trapped in the costly shelter system.
Organizations like the Legal Aid Society also criticized the city government’s legal arguments as “unsound,” noting that similar claims have been unanimously rejected by lower courts in the past. On the other hand, the Coalition for the Homeless warned that abandoning the expansion would directly impact the most vulnerable low-income groups, delaying their transition from shelters to permanent housing.
While some organizations still call for negotiated settlements, City Council Speaker Julie Menin believes that continuing the appeal will only delay policy implementation. Advocates also point out that it may be more cost-effective in the long run to assist residents in stable housing through housing vouchers (approximately $75) than investing in the high costs of shelters (around $300 to $400 per night).