Court Upholds Mayor's Veto of FHEPS Voucher Program Expansion

The New York City Council passed the City Fighting Homelessness and Eviction Prevention Supplement (CityFHEPS) Reform Laws, which Mayor Adams ultimately vetoed. The City Council then overrode the mayor's veto and the Mayor's Office refused to implement those laws, finding them to be legally invalid and preempted by the NY State Social Services Law. The mayor maintained that an FHEPS reform law should have been passed through referendum. The City Council filed an Article 78 proceeding to appeal the mayor's action. The court identified the issue as not whether the City Council's action of overriding the mayor's veto was lawful, but whether the subject of the legislation was preempted by state law.

The court ruled against the City Council, finding that the mayor, beyond a reasonable doubt, established that the city FHEPS Reforms Law was invalid based on field preemption. The court also found that the entity that has received authority form the state to set social services policy is the city Department of Social Services (DSS) and that the new law passed by the City Council conflicted with the state law delegation of policymaking authority to DSS. 

Vincent v. Adams: Index No. 450563/2024, 2024 NY Slip Op 32696(U)(Sup. Ct. NY; 8/1/24 Frank, J)