In New York City, the mayor’s line of succession runs first to the Public Advocate and then to the Comptroller, with a third slot filled through a selection process rather than by any automatic title. How much authority that successor actually wields depends entirely on whether the mayor is temporarily sidelined or permanently out of office. The rules sit in Section 10 of the New York City Charter.1American Legal Publishing. New York City Charter – Section 10 Succession
Who Takes Over, in Order
The Public Advocate steps in first. If the Public Advocate cannot serve, the Comptroller takes over. If neither is available, the role is filled by a person chosen under the process in subdivision c of Section 28 of the Charter.1American Legal Publishing. New York City Charter – Section 10 Succession
Both the Public Advocate and the Comptroller are elected citywide, so each already carries an independent mandate from voters. The Public Advocate functions as a watchdog over city agencies and a channel for constituent complaints. The Comptroller oversees city finances, audits, and pension funds.
One point of frequent confusion: the City Council Speaker is not named in the Charter’s line of succession, and agency commissioners do not appear in it at all. After the Public Advocate and Comptroller, the Charter points to a selection process, not a ranked list of officials by title.1American Legal Publishing. New York City Charter – Section 10 Succession
Temporary Absence vs. Permanent Vacancy
This distinction drives nearly everything else in Section 10. The same person can succeed to the mayor’s office in either case, but the powers that come with the chair are very different.
Temporary Absence or Inability
When the mayor is suspended, temporarily unable to serve because of illness, or simply out of the city, the Public Advocate (or Comptroller) becomes acting mayor with restricted authority. The acting mayor cannot make appointments or removals and cannot exercise any power the mayor had delegated to a deputy mayor. For the first nine days, the acting mayor also cannot sign, approve, or disapprove any local law or resolution passed by the City Council, unless the deadline for the mayor to act on it would expire inside that nine-day window.1American Legal Publishing. New York City Charter – Section 10 Succession
The logic is practical. A mayor who is expected back shouldn’t return to find commissioners fired or major legislation signed by a stand-in. Day-to-day operations continue; big moves wait.
Permanent Vacancy
When the mayor resigns, dies, is removed, or is found permanently unable to serve, the successor assumes the full powers of the office. No restrictions on appointments, removals, or legislation. The successor governs with the complete authority of the mayor until a new mayor is elected.1American Legal Publishing. New York City Charter – Section 10 Succession
If the person acting as mayor during a permanent vacancy is an elected official, such as the Public Advocate, they return to serve out the remainder of their own elected term once a new mayor takes office. Stepping up does not forfeit their original position.
What Can Trigger a Succession
Several events can set the process in motion, and each follows its own path.
Resignation
A mayor who wants to step down submits a formal resignation. The Charter sets no required notice period, so the resignation can take effect immediately or on a scheduled future date.2Justia. New York City Charter 2006 – Section 10 Succession
Removal by the Governor
New York City’s mayor cannot be impeached. The City Council does not bring charges, and the State Senate does not hold a trial. The Charter instead vests removal power in the governor, who must file formal charges, provide the mayor with a copy, and give the mayor an opportunity to be heard. While charges are pending, the governor can suspend the mayor for up to 30 days.3American Legal Publishing. New York City Charter – Section 9 Removal of Mayor
This power has never been used in over 230 years of New York State history. Governor Kathy Hochul acknowledged as much in 2025 when questions arose about Mayor Eric Adams’s legal troubles, saying that “overturning the will of the voters is a serious step that should not be taken lightly.”4Office of the Governor. Statement from Governor Kathy Hochul
Vacancy by Operation of Law
New York’s Public Officers Law identifies conditions that automatically create a vacancy in a public office, including when the officeholder ceases to be a resident of the relevant jurisdiction or refuses to file an oath of office.5New York State Senate. New York Public Officers Law – Section 30 In practice, mayors facing serious criminal exposure have historically resigned rather than wait for an automatic forfeiture to kick in.
Death
A mayor’s death creates an immediate permanent vacancy. The Public Advocate takes over with full executive powers, and the special election clock starts within three days.
How Mayoral Incapacity Is Determined
Incapacity is the trickiest trigger because someone has to decide whether the mayor can still do the job. The Charter provides two routes.
Voluntary Declaration
A mayor can voluntarily declare a temporary inability by sending a written statement to the next official in the line of succession and to the City Clerk. The mayor’s powers transfer to the acting mayor right away. When the mayor is ready to resume, a second written declaration goes to the City Clerk, and power shifts back on receipt.1American Legal Publishing. New York City Charter – Section 10 Succession The structure mirrors the federal 25th Amendment and is built for situations like scheduled surgery.
The Committee on Mayoral Inability
When a mayor cannot or will not declare their own incapacity, the Charter activates the Committee on Mayoral Inability. Its members include the Corporation Counsel, the Comptroller, and the Speaker of the City Council, among other officials. The committee has authority to investigate and determine whether the mayor is unable to discharge the duties of the office.1American Legal Publishing. New York City Charter – Section 10 Succession This mechanism has never been invoked.
When the Special Election Happens
A permanent vacancy does not let the acting mayor serve out the rest of the term indefinitely. Within three days of the vacancy, the acting mayor must proclaim a date for a special election, notify the City Clerk and the Board of Elections, and publish the proclamation in the City Record.1American Legal Publishing. New York City Charter – Section 10 Succession The special election is typically set for the first Tuesday at least 80 days after the office is vacated, though the date can be adjusted slightly to boost turnout.6New York City Campaign Finance Board. Special Elections
If the vacancy occurs during the first three years of the term, a general election that year or the following year, depending on timing relative to primary deadlines, fills the seat for the remainder of the unexpired term. The special election covers the interim. If the vacancy occurs late enough in the term, the special election winner serves out the time that remains.6New York City Campaign Finance Board. Special Elections
No general election to fill a vacancy is held in the final year of the term except under narrow Charter circumstances. A vacancy very late in a term may simply be covered by the acting mayor until the next regularly scheduled election.