What would it take to remove Eric Adams from office?

• NYC Mayor Eric Adams has insisted he will remain in office despite his indictment.
• However, the city charter outlines two ways in which Adams could be forcibly removed from his position.
• One method would involve his close ally, Gov. Kathy Hochul.

After news broke that New York City Mayor Eric Adams had been indicted on five counts, many other politicians began calling for him to resign. So far, Adams has remained defiant.

“I will fight these injustices with every ounce of my strength and spirit,” Adams said in a recorded statement Wednesday when news of the indictment was reported. He has denied any wrongdoing.

However, this does not mean that he will remain in power guaranteed. There are two ways he could be removed from office — regardless of the outcome of a trial.

Gov. Kathy Hochul could make the decision or a never-before-used “incapacity committee.”

Under city charter, Hochul could remove Adams if he is charged with a crime. However, Hochul and Adams have remained close allies in recent years, and it’s unclear whether she would choose to oust him, according to New York’s Gothamist.

In a second scenario outlined in the charter, the city could convene a previously unused “incapacity committee.” The committee includes five members: New York City’s top prosecutor, the comptroller, the speaker of the City Council, the longest-serving borough president and a vice mayor the mayor selects, the city charter states.

Currently, three of these positions are filled by known people. Adrienne Adams is the President of the City Council, Donovan Richards is the longest-serving Borough President, and Brad Lander is the Comptroller (and running for Mayor himself in 2025).

Richards did not respond to a request for comment. A spokesman for Lander declined to comment.

The position of top lawyer – formally known as corporate counsel – is vacant, although Muriel Goode-Trufant fills the role as an actor. Goode-Trufant did not respond to a request for comment.

Randy Mastro, a former federal prosecutor who was nominated by Adams for the lead attorney position, withdrew his bid for the role in September, The New York Times reported.

It’s also unclear who Adams will pick as vice mayor.

Four out of five members of the commission would have to vote to fire Adams.

“The mayor made clear today that he plans to continue to deliver for 8.3 million New Yorkers as mayor,” Fabien Levy, a spokesman for Adams, told Business Insider in an email.

Who would replace Adams?

If Adams is fired or resigns, Jumaane Williams, the city’s public attorney, would serve as interim mayor. If Williams is unable to serve, Lander, the comptroller, would take over until a special election for mayor is held.

Within three days of Adams vacating Gracie Mansion, Williams would have to name a date for a special election. Under city rules, that date would be the first Tuesday that is 80 days after Adams resigns.

The election would not include primaries, so candidates would run without party affiliation. Voters will use elective voting as they did in the last mayoral election.

There is, however, one more tricky wrinkle.

Had Adams left office less than 90 days before the June primary — so essentially after the end of March 2025, there would be no special election. Instead, Williams will serve as mayor until the November election. At that point, the winner would immediately take office, according to the charter.