Following last Wednesday’s decision by the 1st Circuit Court of Appeals to allow the U.S. Department of Housing and Urban Development (HUD) to move forward with the FY 2026 CoC NOFO as the appeal proceeds, we shared with the field in a Thursday morning message that it was likely the CoC NOFO application would become live and the deadline imminent.
Late Friday, HUD announced the reopening of the NOFO with a new deadline of September 30.
Today, we filed an emergency motion with the First Circuit Court of Appeals. Effectively, we are asking the court to let us present our many other arguments why the NOFO is unlawful as quickly as possible – and ask the court to stop this unlawful and harmful NOFO before HUD actually makes any awards under it. To understand this, it’s important to have some context:
- When the Rhode Island District Court ruled in our favor in August, the Judge did so based on a narrow part of our overall complaint. Specifically, the Court ruled that because HUD did not conduct a Notice and Comment process to prove that these interventions are effective in ending homelessness, they could not incentivize transitional housing or SSO projects through the $1.3 Billion set aside in the FY26 CoC NOFO and therefore the NOFO must be vacated. The many other arguments included in our complaint were not a part of the Court’s decision.
- HUD’s appeal is therefore also about that very specific part of the complaint, and this is what the court of appeals ruled on last week.
- However, the numerous other claims against HUD related to this NOFO can still be brought before the District Court of Rhode Island (where the case was originally filed).
- To make that possible, we asked the appeals court to cancel the existing district court ruling and send the case back to the district court to rule on our other claims.
- Alternatively, we asked the Appeals court to expedite the appeal and to consider all the claims originally filed in the RI District Court. The filing can be found here.
While we cannot predict the outcome of our latest filing, we are at a critical moment. We need you (and each other) now more than ever. While the NOFO will proceed as is (for now), there are a couple things that we need you to do in the coming weeks:
- It is time to speak up…. loud. While Congress is on recess, members will be in their districts, and you can seize the opportunity to talk with them on their home turf and show them—not just tell them—about the local programs that you’re fighting for. And please sign up for our advocacy alerts and take action when alerted.
- Prepare and submit a public comment on HUD’s Notice of Research Justifying Additional Incentives for Certain Activities To Reduce Homelessness. This represents not only an opportunity to go on the record with HUD, but it also provides valuable feedback for Congress.
Once again, we are calling on you to use your voices to preserve critical federal funding to protect the people you serve. What happens in the months to come will most impact current and formerly homeless people and the programs that serve them for years to come. Our collective power provides a blueprint for how to do hard things, fight for what we believe in and push forward.
Democracy Forward and the ACLU Foundation of Rhode Island represent the coalition of nonprofit organizations in the matter; the National Homelessness Law Center represents NAEH and NLIHC; Public Rights Project represents the cities of Boston and Cambridge, King County, Nashville, and Tucson; and Santa Clara County represents itself. The Lawyers’ Committee for Rhode Island represents all plaintiffs.
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