Categories: Federal
12.19.2025
On December 19th, there was a hearing in the US District Court of Rhode Island related to two lawsuits challenging HUD on the FY2025 Continuum of Care (CoC) Notice of Funding Opportunity (NOFO), released on November 13 and rescinded on December 8, State of Washington v HUD and National Alliance to End Homelessness v HUD. Judge Mary McElroy considered the plaintiffs’ requests for preliminary injunction and gave a verbal ruling from the bench.
When HUD issued the FY 2025 NOFO on November 13th, they also rescinded the two-year FY 2024-2025 that was in effect. Judge McElroy’s ruling enjoins (prohibits) the rescission of the FY 2024-2025 NOFO, thus putting the original two-year NOFO back into effect. However, the ruling contains no prohibition on HUD issuing another NOFO, which the agency stated in the hearing it would do by close of business today.
If and when a new NOFO is issued, the judge directed the plaintiffs and the defendant to conference and determine if the case will continue or be dropped. If it continues, the court will need to review the new NOFO and hear additional arguments on whether it is lawful.
The judge will also issue a written order on the preliminary injunction granted today, which could provide additional clarity on the details of the order. However, there is no set date the written order is expected.
Unfortunately, there is still a lot of uncertainty around the CoC program in the near term. We understand the anxiety that our CoC partners, providers, tenants, and landlords are experiencing. We will continue to keep you updated as new details emerge.