The Department of Housing and Urban Development (HUD) and secretary Scott Turner violated the law through their “slapdash imposition of political whims” on Continuum of Care (CoC) grants, according to the U.S. District Court for the District of Rhode Island.
The recent ruling was issued in response to a lawsuit filed by the National Alliance to End Homelessness (NAEH) and the Women’s Development Corp., challenging HUD’s new grant criteria.
"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 NAEH, in a statement. "Today's news reinforces a fundamental truth: 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 lawsuit asserted that HUD’s newly imposed criteria for CoC Builds grants was unlawful. This is the third time that HUD has issued this same grant opportunity, even after grant awards had 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,” said the groups. “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.”
The recent 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 awards, report the plaintiffs.
“The solution to homelessness is stable, predictable, permanent housing,” said Frank Shea, executive director of the Women’s Development Corp. “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 groups are represented by Democracy Forward, National Homelessness Law Center, Lawyers’ Committee for Rhode Island, and ACLU Foundation of Rhode Island in the matter.