The Legal Aid Society filed an Article 78 mandamus proceeding on behalf of long-term tenants facing eviction from their affordable apartments, and on behalf of a family languishing in shelter to challenge Mayor Eric Adams’s refusal to implement a package of bills passed by the New York City Council in 2023 which expanded the CityFHEPS rental subsidy program. CityFHEPS is designed to be similar to the federal Section 8 program, whereby tenants pay 30% of their income in rent and the City pays the balance. The new laws would extend CityFHEPS to all low-income tenants at risk of imminent eviction, drastically reducing shelter entries. The City Council joined the suit as an intervening party to fight against the Adams’ administration’s argument that state law preempts the City from legislating in the field of rental assistance.

In July 2025, the Appellate Division, First Judicial Department, decided unanimously in our favor to require the Adams administration to implement the expanded CityFHEPS program, and upheld the Council’s power to legislate in the area of social services. At a time when affordability remains one of the most pressing challenges in New York City, the Court’s decision marks a significant step toward a housing system that is accessible and fair to all. The Adams Administration has appealed the decision with the New York Court of Appeals.