For a moment, it looked like New York City Mayor Eric Adams might walk away scot free. But as pressure mounts amid concerns that his ability to govern is compromised, Governor Kathy Hochul said Monday she would weigh whether to remove the Democratic mayor from his office in what would be an unprecedented action in New York State history.
On Feb. 10, the Justice Department ordered federal prosecutors to drop corruption charges against Adams on the basis that the case “unduly restricted” Adams’ ability to execute President Donald Trump’s agenda to crack down on illegal immigration. The news was followed by a series of resignations from high-ranking Justice Department officials as well as the city’s four deputy mayors.
Now, more and more Democratic politicians are joining calls for Adams to resign—or for Hochul to remove him if he doesn’t. Here’s what to know about how that would work—and what might come next.
How could Adams be removed from office?
The governor of New York is empowered to remove the New York City mayor from office by both state law and the City Charter. In accordance with the City Charter, Hochul can remove Adams from office after providing him with a “copy of the charges and an opportunity to be heard in his defense.”
In that case, Adams would be suspended from his post for up to 30 days, during which Adams would need to present his defense. Once Adams has had a chance to make a case for himself, the governor could either restore him to his office or permanently remove him as mayor.
What these proceedings might look like isn’t entirely clear, primarily because this has never happened before. Adams is the first New York City mayor to face criminal charges while in office, and if Hochul discharges him of his duties, he would be the first to be removed from office. Two former mayors—Jimmy Walker in 1932 and William O’Dwyer in 1950—resigned.
After Adams’ indictment in September, Hochul and her office reportedly began to examine her power to remove the mayor, before she expressed support for him in October. But on Feb. 17, she signaled her calculus may have changed.
Read More: N.Y. Gov. Kathy Hochul Says She May Remove Eric Adams After Deputy Mayors Resign
There’s also another path to removing Adams: the City Charter says that an “Inability Committee”—consisting of the corporation counsel, the comptroller, the City Council speaker, a deputy mayor designated by the mayor, and the borough president who has served for the longest consecutive period of time—could convene to vote on whether the mayor is temporarily or permanently unable to discharge the powers and duties of his office.
If four of five members of the committee declare that the mayor is unable to carry out his duties, then a panel consisting of the 51-member City Council will have 21 days to vote on whether or not to remove the mayor, which requires a two-thirds majority. Until that vote, the mayor can remain in office if he declares within 48 hours of the five-member committee’s declaration of his inability that he believes he is able to carry out his duties.
The provision for the “Inability Committee” was established in 1987 after former Mayor Ed Koch had a stroke. But in the wake of Adams’ indictment last September, City Council Speaker Adrienne Adams said she believed the removal process wouldn’t apply in Adams’ case because precedent suggested it was reserved for physical inability.
Who would replace Adams?
If Adams is removed from office, or if he resigns, Public Advocate Jumaane Williams, the official next in line of succession, would become acting mayor. Williams has already indicated that he is prepared to serve.
The office, however, would officially be vacant, and Williams would need to call a special election within 80 days to elect a new mayor for the rest of Adams’ term, which runs through the end of the calendar year. Such a scenario would not logistically impact the mayoral election in November to elect Adams’ successor for a new four-year term.
Eight Democrats have already launched bids to challenge Adams in the June 24 Democratic primary: New York City comptroller Brad Lander; Jessica Ramos and Zellnor Myrie, the state senators representing Queens and Brooklyn respectively; Zohran Mamdani, a state assembly member representing Queens; Scott Stringer, a consultant and former comptroller; Michael Blake, the founder and CEO of Kairos Democracy Project; lawyer Jim Walden; and investor Whitney Tilson.Anticipation is also building around whether or not former Governor Andrew Cuomo will throw his hat in the ring, after former state comptroller Carl McCall penned an open letter on Feb. 15 backing him to be Adams’ replacement. Cuomo released a statement thanking McCall, but as of Feb. 18 has not yet announced a mayoral bid.
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