By now, many of you have already seen the most recent development in our continuing litigation against HUD. Due to unlawful meddling in both the FY2025 and 2026 CoC Program Notice of Funding Opportunities (NOFOs), on June 22 we asked the Court to consider a supplemental filing in the active lawsuit we initiated last December. The updated filing includes the new FY 2026 NOFO and the ongoing delays in finalizing grant agreements for FY 2025 renewal funding.
We have done a lot of deep analysis about the impacts of HUD’s latest moves. Most importantly, we have heard from our members in Continuums of Care across the country who have been examining all the potential options for responding to this NOFO. We discovered that, in addition to the host of unlawful provisions, the FY 2026 NOFO (that closely resemble the FY 2025 CoC NOFO) sets up a dynamic that demands there will be winners and losers within communities.
I want to be direct about our reasons for this decision: following the release of the new NOFO, I made it clear that “not as bad” should not be our standard. Communities deserve a lawful NOFO and timely funding, and this is HUD’s responsibility.
The impact won’t be felt evenly. And when people, programs, and organizations lose, communities lose. I urge each of you to read the latest filings as it details just how harmful this NOFO is.
Democracy Forward and the ACLU Foundation of Rhode Island represent the coalition of nonprofit organizations in the matter; the National Homelessness Law Center represents the Alliance and National Low Income Housing Coalition; Public Rights Project represents the cities of Boston, Cambridge, King County, Nashville, and Tucson; and Santa Clara County represents itself. The Lawyers’ Committee for Rhode Island represents all plaintiffs.
FY 2027 Appropriations Advocacy
While we work out the FY2026 NOFO, we also must work collectively towards our goals for FY 2027.
Please continue making calls to your lawmakers in Congress about the resources and guardrails needed in FY 2027 for HUD programs that play a key role in addressing homelessness in their communities.
At the same time, we must urge Congress to intervene in the FY 2026 award process. Specifically, be sure to update your lawmakers on the status of FY 2025 CoC Program funding and the FY 2026 Competition. The following talking points should be helpful:
- After HUD issued an unlawful FY 2025 CoC Program NOFO, Congress directed HUD to noncompetitively renew all eligible projects for 12 months so that homelessness assistance wouldn’t suddenly end in communities. Yet despite Congressional orders and pressure from the federal court, most funding recipients are still without executed grant agreements or access to funding.
- Share HUD’s most recent status report (gov.uscourts.rid.60977.96.0.pdf ) as well as status of FY 2025 awards in your CoC
- HUD issued a new FY 2026 CoC Program NOFO on June 1 that continues to violate federal statute. Ongoing litigation has been amended to include this NOFO.
- To ensure that recipients of CoC-funding do not continue to experience delays and uncertainty, Congress must include language in FY 2027 appropriations bills to direct HUD to noncompetitively renew all projects expiring in Calendar Year 2027 if all FY2026 funds are not lawfully awarded by December 1, 2026.
- Make sure they know of the potential impacts in their state and in your CoC if HUD’s NOFO were to move forward as is: Changes to HUD Policy Threaten Efforts to End Homelessness: At Least 97,000 People Could Lose Housing – National Alliance to End Homelessness
I know this is a lot. And I know that you are all working beyond your limits on any given day. But these past several months have taught me that when we work together, our collective power is far stronger than any of us may have realized.
Let’s dig in together. The people we serve deserve it.
Take Care,
Ann
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