Categories: Federal
12.23.2025
As the Network reported on Friday, U.S. District Judge Mary McElroy has given a verbal ruling that the FY 2024-2025 Notice of Funding Opportunity (NOFO) is currently in effect.
This ruling comes after HUD’s decision to rescind the FY24-25 NOFO with the issuance of the FY25 NOFO on November 13th. HUD then rescinded that NOFO on December 8th. The Agency has now released a new FY 2025 NOFO at 11:36 pm on Friday, December 19th – hours after the hearing where Judge McElroy gave her ruling.
HUD stated the following in their announcement on Friday:
The Department of Housing and Urban Development (HUD) is issuing this Notice of Funding Opportunity (NOFO) for the 2025 Fiscal Year for public review. HUD understands this NOFO to be enjoined pursuant to a preliminary injunction entered in State of Washington, et al. v. HUD, No. 1:25-cv-00626-MSM-AEM (District of Rhode Island), and National Alliance to End Homelessness, et al. v. HUD, No. 1:25-cv-00636-MSM-AEM (District of Rhode Island). HUD will not implement or enforce this NOFO pending further court order. HUD will issue further clarification on the status of this or any other future Fiscal Year 2025 NOFO as necessary. HUD will provide further notice as to when the application portal will open.
The upcoming schedule in the lawsuits is:
Defendants produce the remaining portion of the administrative record pertaining to the recission of the FY24-FY25 CoC NOFO - December 29, 2025
Plaintiffs' Motion for Summary Judgment - January 7, 2026
Defendants' Combined Opposition and Cross-Motion for Summary Judgment - Janaury 16, 2026
Plaintiffs' Combined Reply and Opposition - Janaury 23, 2026
Defendants' Reply - January 29, 2026
While this newly released FY 2025 NOFO is not currently in effect, the future is not entirely clear. Judge McElroy gave a verbal preliminary injunction on Friday, but a written ruling is forthcoming while the rest of the lawsuits will play out in January. The Network will provide additional analysis and updates as they are available.