Case: National Alliance to End Homelessness v. Turner
1:25-cv-00447 | U.S. District Court for the District of Rhode Island
Filed Date: Sept. 11, 2025
Closed Date: March 31, 2026
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Case Summary
This case tests whether the Department of Housing and Urban Development (HUD) may attach political and ideological conditions to federal homelessness funding.
On September 11, 2025, the National Alliance to End Homelessness (NAEH) and the Women’s Development Corporation (WDC) filed suit in the U.S. District Court of District of Rhode Island before District Judge Mary S. McElroy, naming HUD and HUD Secretary Scott Turner as defendants. Plaintiffs are represented by Democracy Forward Foundation, the National Homelessness Law Center, the ACLU Foundation of Rhode Island, and the Lawyers’ Committee for Rhode Island, with cooperating local counsel at DeLuca, Weizenbaum, Barry & Revens, Ltd.
The suit challenges HUD’s September 5, 2025 Notice of Funding Opportunity (NOFO, FR-6902-N-25A), which abruptly altered eligibility for $75 million in Continuum of Care permanent supportive housing funds, due to expire September 30, 2025. The new NOFO conditioned eligibility on jurisdictional mandates (e.g., enforcement of anti-camping laws, cooperation with federal immigration enforcement, and SORNA compliance) and applicant attestations (e.g., rejecting safe-consumption sites and affirming that “sex is binary and immutable”), with funding awarded on a first-come, first-served basis.
The amended complaint asserts 12 claims:
Count I: Violation of the Administrative Procedure Act: In Excess of Statutory Authority (All New Criteria)
Count II: Violation of the Administrative Procedure Act: Contrary to Law (All Jurisdiction-Based Criteria)
Count III: Violation of the Administrative Procedure Act: Arbitrary and Capricious (All New Criteria)
Count IV: Violation of the Administrative Procedure Act: Contrary to Constitutional Right (All New Criteria)
Count V: Violation of the Administrative Procedure Act: Contrary to Law and Not in Observance of Procedure Required By Law (All New Criteria).
Count VI: Violation of the Separation of Powers (All New Criteria).
Count VII: Violation of the Spending Clause (All New Criteria).
Count VIII: Violation of the Tenth Amendment (All Jurisdiction-Based Criteria).
Count IX: Violation of the Administrative Procedure Act: Contrary to Law (Sex Binary Criterion).
Count X: Violation of the First Amendment – Free Speech Clause (Sex Binary Criterion).
Count XI: Ultra Vires (All New Criteria).
Count XII: Violation of the Administrative Procedure Act: Agency Action Unlawfully Withheld or Unreasonably Delayed.
Alongside the complaint, plaintiffs filed a motion for a temporary restraining order (TRO). They asked the court to (1) enjoin HUD and Secretary Turner from obligating or disbursing any of the $75 million under the Sept. 5 NOFO, (2) suspend the statutory lapse of funds past September 30, (3) order HUD to maintain the funds pending further order, and (4) require HUD to report compliance within three business days.
The relief sought includes declaratory judgment, preliminary and permanent injunctive relief to vacate the new criteria and preserve the funds, and attorneys’ fees. Plaintiffs do not seek damages. The suit is not a class action and has not been consolidated with other litigation.
On November 13, 2025, the plaintiffs filed a motion for summary judgment, seeking a final ruling in their favor without a trial. The defendants filed a cross-motion for summary judgment on December 4, 2025, arguing that HUD lawfully exercised its statutory discretion in issuing the challenged Continuum of Care Builds funding criteria. Defendants contended that Congress granted the HUD Secretary broad authority under the McKinney-Vento Homeless Assistance Act to allocate lump-sum appropriations and to establish grant terms and conditions, rendering those decisions largely unreviewable under the Administrative Procedure Act. Defendants further asserted that the abbreviated application period was justified by an emergency waiver due to the impending expiration of the funds.
On March 31, 2026, the court issued a mixed ruling. The court ruled that HUD violated the APA by abruptly imposing new, politically driven eligibility requirements, such as mandating cooperation with immigration enforcement and requiring applicants to affirm a sex binary. The court determined that these new criteria exceeded the agency's statutory authority and were "arbitrary and capricious" because they were introduced just days before funding was set to expire. However, the court found that plaintiffs’ claim that defendants’ unreasonably delayed or unlawfully withheld required agency action was likely without merit and was unreasonably duplicative of the plaintiffs’ other claims. The court ultimately vacated the September 5 notice of funding, but declined to issue a permanent injunction, instead ordering HUD to award the funds using lawful processes. 2026 WL 883437.
On June 29, 2026, the defendants appealed the March 31 order granting partial summary judgment to the plaintiffs to the U.S. Court of Appeals for the First Circuit (Case No. 26-1767).
In the First Circuit, the federal government moved to voluntarily dismiss its appeal on August 12, 2026. The plaintiffs did not oppose this request. On August 31, 2026, the First Circuit voluntarily dismissed the case.
As of September 4, 2026, this case is ongoing in the district court.
Summary Authors
Benjamin Glicksman (6/15/2026)
Madeline Dollard (9/4/2026)
Michael Vandergriff (10/3/2025)
Sofia Yoder (4/6/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71316650/parties/national-alliance-to-end-homelessness-v-turner/
McElroy, Mary Susan (Rhode Island)
Bateman, Kristin (Rhode Island)
Fasanelli, Antonia K. (Rhode Island)
Hubbard, Kevin Love (Rhode Island)
Labinger, Lynette J. (Rhode Island)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/71316650/national-alliance-to-end-homelessness-v-turner/
Last updated Sept. 23, 2026, 4:16 a.m.
Docket for: National Alliance to End Homelessness v. Turner
Case Details
State / Territory:
Case Type(s):
Fair Housing/Lending/Insurance
Public Benefits/Government Services
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: Sept. 11, 2025
Closing Date: March 31, 2026
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff NGOs suing to restore shelter funding alleging it was retaliatorily withdrawn for housing undocumented immigrants.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Lawyers Comm. for Civil Rights Under Law
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
Scott Turner, Secretary of Housing & Urban Development
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex Parte Young (Federal) or Bivens
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Federalism (including 10th Amendment)
Spending/Appropriations Clauses
Other Dockets:
District of Rhode Island 1:25-cv-00447
U.S. Court of Appeals for the First Circuit 26-01767
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Benefits (Source):
Stewart B. McKinney Homeless Assistance Act, 42 U.S.C.A. §§ 11301 et seq.
Discrimination Basis:
Case Summary of National Alliance to End Homelessness v. Turner, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46945/ (last updated 4/6/2026).