Providence, R.I. – The U.S. District Court for the District of Rhode Island today ruled that the U.S. Department of Housing and Urban Development (HUD) and HUD Secretary Scott Turner violated the law through their “slapdash imposition of political whims,” when approving new funding restrictions that would have unlawfully conditioned access to federal housing grants on compliance with the Trump-Vance administration’s partisan agenda.
The decision issued today in National Alliance to End Homelessness v. Turner, et al., is a victory for The National Alliance to End Homelessness and Women’s Development Corporation, which filed a lawsuit last September challenging the grant restrictions. The groups are represented by Democracy Forward, National Homelessness Law Center, Lawyers’ Committee for Rhode Island, and ACLU Foundation of Rhode Island in the matter.
“This ruling is a victory for people across this nation who have overcome homelessness and stabilized in HUD’s permanent housing programs,” said Ann Oliva, CEO of the National Alliance to End Homelessness. “Today’s news reinforces a fundamental truth: that the work to end homelessness is not partisan, and never should be interfered with for political means. On behalf of the people and providers we serve, the National Alliance to End Homelessness pledges to continue fighting back against efforts to dismantle homeless response in America.”
“The solution to homelessness is stable, predictable, permanent housing,” said Frank Shea, Executive Director of Women’s Development Corporation. “Organizations providing this housing need fair, predictable programs that are free of politicized criteria. We are glad the court agrees. Our neighbors in need of housing deserve nothing less.”
The lawsuit, filed in the U.S. District Court for the District of Rhode Island, asserted that HUD’s newly imposed criteria for “Continuum of Care (CoC) Builds” grants were unlawful. This is the third time that HUD has issued this same grant opportunity, even after grant awards had already been announced to Congress. In so doing, HUD introduced extreme political criteria to the application. Under the new funding application rules, service providers and communities were blocked from applying for federal housing funds for new Permanent Supportive Housing for individuals and families experiencing homelessness if they operate in jurisdictions with policies the Trump-Vance administration disfavors. This includes states and cities with sanctuary protections and cities that criminalize public camping. The new funding criteria also would have disqualified organizations that provide services considered “harm reduction,” such as Safe Drug Use Criteria practices and those that have inclusive policies for transgender people.
Today’s ruling declares the notice announcing the funding opportunities, the new political criteria used by HUD when deciding to issue grants, and the one-week application period for the grants all to be unlawful and orders the policies vacated and set aside. The court additionally ordered the already-appropriated funding to remain available for award, consistent with the Court’s order.
“For more than three decades, the federal government has supported housing providers and communities through HUD’s programs to help people experiencing homelessness move into stable housing,” said Skye Perryman, President and CEO of Democracy Forward. “We are honored to have worked with these brave plaintiffs and co-counsel to hold this administration accountable for their unlawful actions, and we are pleased that the court has stopped the Trump-Vance administration from holding life-saving funding hostage to a political agenda.”
“Hundreds of thousands of unhoused people need housing and supports to survive. Instead of following Congress’ direction to increase that supply of supportive housing, this Administration unlawfully manipulated a grantmaking process that would have only made homelessness across the country worse,” said Antonia Fasanelli, Executive Director at the National Homelessness Law Center. “We were honored to represent the National Alliance to End Homelessness and to work with our esteemed co-counsel in preventing the Administration from forcing an ideological agenda on a program that is intended to save lives.”
“The Lawyers’ Committee for Rhode Island will continue to fight for Rhode Islanders whenever and however the Trump Administration threatens them with unlawful actions,” said Amy Romero, Chief Legal Counsel of Lawyers’ Committee for Rhode Island. “We are pleased with this court’s decision that recognizes that this Administration violated the law by imposing their political whims on federal funds intended to address the needs of individuals and families experiencing homelessness.”
“The federal government’s distortion of the grant process for blatant political and ideological gains put funding for life-saving services at risk,” said Steven Brown, executive director of the ACLU of Rhode Island. “We are extremely gratified that Rhode Island organizations like the Women’s Development Corporation will be allowed to receive federal funding thanks to the court’s decision.”
The plaintiffs are represented by Kristin Bateman, Yenisey Rodríguez, Kristen Miller, and Robin Thurston from Democracy Forward; Amy Romero and Kevin Love Hubbard for the Lawyers’ Committee for Rhode Island; Antonia Fasanelli from the National Homelessness Law Center; and Lynette Labinger for the ACLU Foundation of Rhode Island.
Read today’s order here and the original filing here.
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