Case: National Alliance to End Homelessness v. United States Department of Housing and Urban Development

1:25-cv-00636 | U.S. District Court for the District of Rhode Island

Filed Date: Dec. 1, 2025

Case Ongoing

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Case Summary

This is a lawsuit challenging the U.S. Department of Housing and Urban Development’s 2025 restructuring of funding for homeless services.  On December 1, 2025, the National Alliance to End Homelessness and a coalition of national housing organizations, local nonprofits, and several major cities and counties sued the U.S. Department of Housing and Urban Development (HUD) in the U.S. District Court for the District of Rhode Island. The plaintiffs challenged HUD's November 13, 2025 rescission of a…

This is a lawsuit challenging the U.S. Department of Housing and Urban Development’s 2025 restructuring of funding for homeless services. 

On December 1, 2025, the National Alliance to End Homelessness and a coalition of national housing organizations, local nonprofits, and several major cities and counties sued the U.S. Department of Housing and Urban Development (HUD) in the U.S. District Court for the District of Rhode Island. The plaintiffs challenged HUD's November 13, 2025 rescission of a previously issued two-year notice of funding for the longstanding Continuum of Care (CoC) Program, which supports housing and essential services for unhoused people, and replacement with a new notice on a delayed timeline and with significant reductions and restructuring of program funding. The complaint cited changes to the Program, per the new notice of funding, including a dramatic reduction in funding for permanent housing and new review criteria for applicants that, among other changes, rewarded conditioning housing on services and treatment, and imposed conditions related to gender identity and diversity programs. Plaintiffs emphasized that the delayed funding would force programs to shutter or significantly scale back, placing the formerly homeless individuals and families that rely on those programs at risk of homelessness once again.

Plaintiffs brought several claims under the Administrative Procedure Act (APA), including that the rescission and replacement of the prior notice of funding and issuance of the new notice were contrary to law, in excess of statutory authority, and arbitrary and capricious, that agency action was unlawfully withheld and unreasonably delayed, and that the new notice of funding was not issued in accordance with procedure required by law. They also asserted that the new notices of funding violated the U.S. Constitution, including the Spending Clause, the Separation of Powers doctrine, and the First Amendment right of free speech. Plaintiffs sought to have the rescission and new funding notice declared unlawful, vacated, and stayed, preliminary and permanent injunctive relief requiring prompt processing of funding renewals and awards of funding under the prior notice and prohibiting retaliation against plaintiffs for their participation in this lawsuit, and attorneys' fees and costs. The case was assigned to District Judge Mary S. McElroy.

That same day plaintiffs moved for expedited preliminary relief, asking the court to stay the new notice of funding and to order HUD to process eligible grant renewals under the prior notice. After a conference with Judge McElroy on December 5, 2025, the parties agreed to convert their motion for a preliminary injunction to a motion for a temporary restraining order and a preliminary injunction. The court scheduled a hearing for December 8, 2025.

On December 8, 2025, HUD filed a notice with the court reporting it had withdrawn the challenged notice of funding, asserting that the withdrawal mooted the plaintiffs’ requested preliminary relief. The court nonetheless held a hearing and ordered HUD to file its response to plaintiffs' pending motion and its administrative records by December 15.

On December 19, 2025, the parties in this case and a related case, State of Washington et al. v. HUD, 25-cv-626, filed a joint motion for an expedited briefing schedule on cross motions for summary judgment. That same day, HUD filed a notice of publication of a new notice of funding but indicated that it would not implement or enforce the new notice pending further court order.

On December 23, 2025, the court granted the plaintiffs’ motion for preliminary relief. It stayed and preliminarily enjoined HUD's rescission of the original notice of funding, stayed and enjoined the new notice and its challenged conditions, and enjoined defendants from further rescinding or replacing the original notice. The court ordered HUD to preserve the status quo under the original notice and to process eligible renewals for Continuum of Care Program funding for fiscal year 2025. It also imposed various reporting and notification requirements. The same day, the court also granted the parties' joint motion for expedited summary judgment.

On January 14, 2026, plaintiffs filed an amended complaint, adding allegations related to the Notice of Funding Opportunity (NOFO) issued by HUD on December 19, 2025. The plaintiffs argued that the new notice preserved the same core funding reallocations, eligibility restrictions, scoring criteria, and policy conditions that rendered the challenged November 2025 NOFO unlawful. Additionally, the plaintiffs added a new cause of action asserting that HUD unlawfully withheld and unreasonably delayed mandatory agency actions in awarding funds from the original NOFO, under 5 U.S.C. § 706(1).

Also in January 2026, the parties filed cross motions for summary judgment.

On February 17, 2026, HUD filed an emergency motion to dissolve the December 19, 2025 preliminary injunctions. HUD sought to reopen the December 2025 CoC in order to solicit and issue awards pursuant to its terms for the third and fourth quarters of the funding cycle and argued that the court's interim relief enjoining the December 2025 CoC prevented it from doing so. Defendants argued that Congress eliminated the threatened harms faced by the states that prompted the court to enjoin the December 2025 CoC.

On February 27, 2026, the court denied the motion to dissolve the preliminary injunctions. Judge McElroy disagreed with HUD’s arguments and concluded that the states continued to face imminent, irreparable harm from the upheaval and service gaps that would result from HUD’s attempt to vastly overhaul the funding selection criteria on an accelerated basis. 

On March 2, 2026, HUD appealed the district court’s preliminary injunction and denial of the motion to dissolve to the U.S. Court of Appeals for the First Circuit (Docket 26-01218).

Also on March 2, 2026, HUD filed an emergency motion to stay the district court’s preliminary injunction pending appeal in the district court. The district court denied the stay on March 6, 2026. 2026 WL 895841. HUD repeated the request for a stay in the First Circuit on March 9, but it likewise denied a stay, holding that the agency failed to show a strong likelihood of success in overturning the district court’s refusal to dissolve the preliminary injunction. The court found that HUD had not demonstrated any significant change in law or facts sufficient to justify lifting the injunction. 

On April 20, 2026, HUD moved to voluntarily dismiss its appeal; the appellate court formally dismissed the appeal on April 22, 2026. 

On June 29, 2026, the district court granted in part and denied in part plaintiffs’ motion for summary judgment, while granting in part and denying in part HUD's cross-motion for summary judgment. The court held that HUD’s November and December 2025 Notices of Funding Opportunity (NOFOs) violated the APA by acting in an arbitrary and capricious manner and exceeding statutory authority under 42 U.S.C. § 11382(b). While the court vacated both NOFOs, it denied plaintiffs’ requests for a permanent injunction and leave to file a supplemental complaint, concluding that vacatur was sufficient to redress the harm. 

Summary Authors

Alexis Gil (7/1/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71978322/parties/national-alliance-to-end-homelessness-v-united-states-department-of/


Judge(s)
Attorney for Plaintiff

Arzy, Leily (Rhode Island)

Bateman, Kristin (Rhode Island)

Attorney for Defendant

Bailey, John (Rhode Island)

Bolan, Kevin M. (Rhode Island)

Borson, Joseph E. (Rhode Island)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-00636

Complaint for Declaratory and Injunctive Relief

Dec. 1, 2025

Dec. 1, 2025

Complaint
5

1:25-cv-00636

Plaintiffs' Motion for Relief Under 5 U.S.C. § 705 and for Preliminary Injunction

National Alliance to End Homelessness v. U.S. Department of Housing and Urban Development

Dec. 1, 2025

Dec. 1, 2025

Pleading / Motion / Brief
39

1:25-cv-00636

Notice of Withdrawal of the Challenged 2025 Notice of Funding Opportunity

State of Washington v. Department of Housing and Urban Development

Dec. 8, 2025

Dec. 8, 2025

Pleading / Motion / Brief
52

1:25-cv-00636

Order for Relief Under 5 U.S.C. § 705 and for Preliminary Injunction

Dec. 23, 2025

Dec. 23, 2025

Order/Opinion

2025 WL 3719641

66

1:25-cv-00636

First Amended Complaint for Declaratory and Injunctive Relief

Jan. 14, 2026

Jan. 14, 2026

Complaint
67-1

1:25-cv-00636

Plaintiffs' Memorandum in Support of Motion for Summary Judgment

Jan. 14, 2026

Jan. 14, 2026

Pleading / Motion / Brief
68

1:25-cv-00636

Defendants' Combined Corss-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment

State of Washington v. Department of Housing and Urban Development

Jan. 23, 2026

Jan. 23, 2026

Pleading / Motion / Brief
74

1:25-cv-00636

Defendants’ Combined Motion To Dissolve The December 19, 2025 Preliminary Injunctions

National Alliance to End Homelessness et al. v. Department of Housing and Urban Development et al.

Feb. 17, 2026

Feb. 17, 2026

Pleading / Motion / Brief
78

1:25-cv-00636

Notice of Appeal

National Alliance to End Homelessness et al. v. Department of Housing and Urban Development et al.

March 2, 2026

March 2, 2026

Pleading / Motion / Brief
79

1:25-cv-00636

Defendants’ Combined Emergency Motion For A Stay Of The Preliminary Injunctions Pending Appeal

National Alliance to End Homelessness et al. v. Department of Housing and Urban Development et al.

March 2, 2026

March 2, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71978322/national-alliance-to-end-homelessness-v-united-states-department-of/

Last updated July 22, 2026, 3:44 a.m.

ECF Number Date Description Link
1 Dec. 1, 2025

COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2215158 ), filed by City of Cambridge, City of Tucson, Crossroads Rhode Island, Martin Luther King, Jr. County, County of Santa Clara, National Low Income Housing Coalition, Metropolitan Government of Nashville & Davidson County, Youth Pride, Inc., National Alliance to End Homelessness, City and County of San Francisco, City of Boston. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for HUD, # 3 Summons for Sec. Turner, # 4 Summons for AG Bondi, # 5 Summons for USAO)(Romero, Amy) (Entered: 12/01/2025)

1 Civil Cover Sheet

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2 Summons for HUD

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3 Summons for Sec. Turner

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4 Summons for AG Bondi

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5 Summons for USAO

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5 Dec. 1, 2025

MOTION for Preliminary Injunction and for Relief under 5 USC 705 filed by All Plaintiffs. Responses due by 12/15/2025. (Attachments: # 1 Supporting Memorandum)(Romero, Amy) (Entered: 12/01/2025)

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Dec. 1, 2025

Case Conditionally Assigned

Dec. 1, 2025

CASE CONDITIONALLY ASSIGNED to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. Related Case Number 1:25-cv-626-MSM-AEM. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Gonzalez Gomez, Viviana)

2 Dec. 1, 2025

CASE OPENING NOTICE ISSUED. (Gonzalez Gomez, Viviana) (Entered: 12/01/2025)

RECAP
3 Dec. 1, 2025

Corporate Disclosure Statement by City and County of San Francisco, City of Boston, City of Cambridge, City of Tucson, County of Santa Clara, Crossroads Rhode Island, Martin Luther King, Jr. County, Metropolitan Government of Nashville & Davidson County, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/01/2025)

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4 Dec. 1, 2025

Summons Issued as to Scott Turner, United States Department of Housing and Urban Development, U.S. Attorney's Office for the District of RI, and U.S. Attorney General Pam Bondi. (Attachments: # 1 Summons Issued as to Secretary Turner, # 2 Summons Issued as to U.S. A.G. Bondi, # 3 Summons Issued as to U.S. Attorney's Office for the District of RI) (Gonzalez Gomez, Viviana) (Entered: 12/01/2025)

1 Summons Issued as to Secretary Turner

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2 Summons Issued as to U.S. A.G. Bondi

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3 Summons Issued as to U.S. Attorney's Office for the District of RI

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6 Dec. 1, 2025

DECLARATION re 5 MOTION for Preliminary Injunction and for Relief under 5 USC 705 of Attorney Amy R. Romero by All Plaintiffs. (Attachments: # 1 Exhibit FY24-25 NOFO, # 2 Exhibit FY25 NOFO, # 3 Exhibit July 3, 2025 HUD Email)(Romero, Amy) (Entered: 12/01/2025)

RECAP
7 Dec. 1, 2025

DECLARATION re 5 MOTION for Preliminary Injunction and for Relief under 5 USC 705 Index of Declarations by All Plaintiffs. (Attachments: # 1 Declaration of Ann Oliva (Alliance), # 2 Declaration of Renee M. Willis (NLHIC), # 3 Declaration of Michelle Wilcox (Crossroads), # 4 Declaration of Rush Frazier (Youth Pride), # 5 Declaration of Sheila Dillon (Boston), # 6 Declaration of Elizabeth Mengers Margargee (Cambridge), # 7 Declaration of Sunaree Marshall (MLK County), # 8 Declaration of April Calvin (Nashville), # 9 Declaration of Kathryn Kaminski (Santa Clara), # 10 Declaration of Shireen McSpadden, # 11 Declaration of Ann Chanecka (Tucson), # 12 Declaration of Amy Davidson (San Mateo), # 13 Declaration of Andrew Freeman (Safe Haven), # 14 Declaration of Mary Katherine Rand (Mary Parrish Center), # 15 Declaration of Joyce Tavon (MHSA))(Romero, Amy) (Entered: 12/01/2025)

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RECAP
8 Dec. 1, 2025

Emergency MOTION for Expedited Production of the Administrative Record and Briefing Schedule for Summary Judgment filed by All Plaintiffs. Responses due by 12/15/2025. (Romero, Amy) (Entered: 12/01/2025)

RECAP
35 Dec. 2, 2025

MOTION for Wallace W. Dietz to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number BRIDC-2215563 ) filed by Metropolitan Government of Nashville & Davidson County. (Romero, Amy) (Entered: 12/02/2025)

RECAP
9 Dec. 2, 2025

MOTION for Cassandra Crawford to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215407 ) filed by City of Boston, City of Cambridge, City of Tucson, Martin Luther King, Jr. County, Metropolitan Government of Nashville & Davidson County. (Romero, Amy) (Entered: 12/02/2025)

RECAP
26 Dec. 2, 2025

MOTION for Aleshadye Getachew to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215489 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/02/2025)

RECAP
27 Dec. 2, 2025

MOTION for Aman T. George to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215496 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/02/2025)

RECAP
28 Dec. 2, 2025

MOTION for Carrie Y. Flaxman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215497 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/02/2025)

RECAP
29 Dec. 2, 2025

MOTION for Kristin Bateman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215498 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/02/2025)

RECAP
30 Dec. 2, 2025

MOTION for Madeline H. Gitomer to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215500 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/02/2025)

RECAP
31 Dec. 2, 2025

MOTION for Robin F. Thurston to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215504 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/02/2025)

RECAP
32 Dec. 2, 2025

MOTION for Yenisey Rodriguez to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215505 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/02/2025)

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33 Dec. 2, 2025

MOTION for Antonia K. Fasanelli to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215513 ) filed by National Alliance to End Homelessness, National Low Income Housing Coalition. (Romero, Amy) (Entered: 12/02/2025)

RECAP
34 Dec. 2, 2025

MOTION for Kathryn M. Scott to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215515 ) filed by National Alliance to End Homelessness, National Low Income Housing Coalition. (Romero, Amy) (Entered: 12/02/2025)

RECAP
Dec. 2, 2025

Notice of Hearing (Form Attached)

10 Dec. 2, 2025

MOTION for Toby Merrill to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215418 ) filed by City of Boston, City of Cambridge, City of Tucson, Martin Luther King, Jr. County, Metropolitan Government of Nashville & Davidson County. (Romero, Amy) (Entered: 12/02/2025)

RECAP
11 Dec. 2, 2025

MOTION for Graham Provost to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215423 ) filed by City of Boston, City of Cambridge, City of Tucson, Martin Luther King, Jr. County, Metropolitan Government of Nashville & Davidson County. (Romero, Amy) (Entered: 12/02/2025)

RECAP
12 Dec. 2, 2025

MOTION for Alison Holcomb to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215426 ) filed by Martin Luther King, Jr. County. (Romero, Amy) (Entered: 12/02/2025)

RECAP
13 Dec. 2, 2025

MOTION for David Hackett to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215431 ) filed by Martin Luther King, Jr. County. (Romero, Amy) (Entered: 12/02/2025)

RECAP
14 Dec. 2, 2025

MOTION for Abigail Greer to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215436 ) filed by Metropolitan Government of Nashville & Davidson County. (Romero, Amy) (Entered: 12/02/2025)

RECAP
15 Dec. 2, 2025

MOTION for John K. Whitaker to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215439 ) filed by Metropolitan Government of Nashville & Davidson County. (Romero, Amy) (Entered: 12/02/2025)

RECAP
16 Dec. 2, 2025

MOTION for David Chiu to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215444 ) filed by City and County of San Francisco. (Romero, Amy) (Entered: 12/02/2025)

RECAP
17 Dec. 2, 2025

MOTION for Michael Levin Gesundheit to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215454 ) filed by City and County of San Francisco. (Romero, Amy) (Entered: 12/02/2025)

RECAP
18 Dec. 2, 2025

MOTION for Ronald Lee to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215463 ) filed by City and County of San Francisco. (Romero, Amy) (Entered: 12/02/2025)

RECAP
19 Dec. 2, 2025

MOTION for Sara Eisenberg to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215466 ) filed by City and County of San Francisco. (Romero, Amy) (Entered: 12/02/2025)

RECAP
20 Dec. 2, 2025

MOTION for Yvonne Mere to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215472 ) filed by City and County of San Francisco. (Romero, Amy) (Entered: 12/02/2025)

RECAP
21 Dec. 2, 2025

MOTION for Mollie M. Lee to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215475 ) filed by City and County of San Francisco. (Romero, Amy) (Entered: 12/02/2025)

RECAP
22 Dec. 2, 2025

MOTION for Kevin Love Hubbard to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215476 ) filed by All Plaintiffs. (Romero, Amy) (Entered: 12/02/2025)

RECAP
23 Dec. 2, 2025

MOTION for Kavita Narayan to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215480 ) filed by County of Santa Clara. (Romero, Amy) (Entered: 12/02/2025)

RECAP
24 Dec. 2, 2025

MOTION for Meredith A. Johnson to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215486 ) filed by County of Santa Clara. (Romero, Amy) (Entered: 12/02/2025)

RECAP
25 Dec. 2, 2025

MOTION for Tony LoPresti to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2215488 ) filed by County of Santa Clara. (Romero, Amy) (Entered: 12/02/2025)

RECAP
Dec. 2, 2025

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice of Cassandra Crawford. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 10 Motion to Appear Pro Hac Vice of Toby Merrill. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 11 Motion to Appear Pro Hac Vice of Graham Provost. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

Order on Motion to Appear Pro Hac Vice

Dec. 2, 2025

Notice of Hearing

Dec. 2, 2025

TEXT ORDER granting 12 Motion to Appear Pro Hac Vice of Alison Holcomb. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 13 Motion to Appear Pro Hac Vice of David J. Hackett. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 14 Motion to Appear Pro Hac Vice of Abigail Greer. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 15 Motion to Appear Pro Hac Vice of John K. Whitaker. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 16 Motion to Appear Pro Hac Vice of David Chiu. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 17 Motion to Appear Pro Hac Vice of Michael Levin-Gesundheit. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 18 Motion to Appear Pro Hac Vice of Ronald H. Lee. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 19 Motion to Appear Pro Hac Vice of Sara J. Eisenberg. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 20 Motion to Appear Pro Hac Vice of Yvonne R. Mere. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 21 Motion to Appear Pro Hac Vice of Mollie M. Lee. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 22 Motion to Appear Pro Hac Vice of Kevin Love Hubbard. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 23 Motion to Appear Pro Hac Vice of Kavita Narayan. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 24 Motion to Appear Pro Hac Vice of Meredith A. Johnson. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 25 Motion to Appear Pro Hac Vice of Tony LoPresti. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 26 Motion to Appear Pro Hac Vice of Aleshadye Getachew. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 27 Motion to Appear Pro Hac Vice of Aman T. George. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 28 Motion to Appear Pro Hac Vice of Carrie Y. Flaxman. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 29 Motion to Appear Pro Hac Vice of Kristin Bateman. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 30 Motion to Appear Pro Hac Vice of Madeline H. Gitomer. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 31 Motion to Appear Pro Hac Vice of Robin F. Thurston. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 32 Motion to Appear Pro Hac Vice of Yenisey Rodriguez. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 34 Motion to Appear Pro Hac Vice of Kathryn M. Scott. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

TEXT ORDER granting 35 Motion to Appear Pro Hac Vice of Wallace W. Dietz. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

NOTICE of Hearing: Status Conference set for 12/5/2025 at 02:00 PM in Remote Hearing before District Judge Mary S. McElroy. Counsel of record will receive Zoom information via email. The public can visit rid.uscourts.gov for additional information. (Potter, Carrie)

Dec. 2, 2025

TEXT ORDER granting 33 Motion to Appear Pro Hac Vice of Antonia K. Fasanelli. So Ordered by District Judge Mary S. McElroy on 12/2/2025. (Hill, Cherelle)

Dec. 2, 2025

NOTICE of Hearing: Status Conference set for 12/5/2025 at 02:30 PM via Zoom before District Judge Mary S. McElroy. Zoom information sent to counsel via email. PLEASE NOTE TIME CHANGE ONLY. (Potter, Carrie)

36 Dec. 3, 2025

NOTICE of Appearance by Lynette J. Labinger on behalf of All Plaintiffs (Labinger, Lynette) (Entered: 12/03/2025)

RECAP
Dec. 5, 2025

Minute Entry for proceedings held before District Judge Mary S. McElroy: In Chambers Conference held on 12/5/2025. M. Levin-Gesundheit, L. Labinger, K. Sabatini, P. Gheibi, Z. Muller, A. Romero, K. Hubbard, A. Alegrett, C. Flaxman, C. Crawford, S. Thompson, A. Getachew, C. Sepe, M. Gitoman, D. Hackett, A. Hughes, C. Faherty, G. Provost and K. Meyer Scott in attendance. Parties agree to convert Motion to Preliminary Injunction to a Motion for Temporary Restraining Order and a Preliminary Injunction. Court to hear Motion for TRO on 12/8/2025 at 3:30 pm. Responses to Motion to Preliminary Injunction due 12/15/2025 in both CV25-626 and CV25-636. Order to enter. (Courtroom Zoom at 2:30 pm.) (Potter, Carrie)

Dec. 5, 2025

Text Order: By agreement of the parties during the 12/5/2025 conference, the Court converts the Motion to Preliminary Injunction to a Motion for Temporary Restraining Order and a Preliminary Injunction. Court to hear Motion for TRO on 12/8/2025 at 3:30 pm. Responses to Motion for Preliminary Injunction due 12/15/2025 in both CV25-626 and CV25-636. So Ordered by District Judge Mary S. McElroy on 12/5/2025. (Potter, Carrie)

Dec. 5, 2025

NOTICE of Hearing on Motion for Temporary Restraining Order. Motion Hearing set for 12/8/2025 at 03:30 PM via Zoom before District Judge Mary S. McElroy. Counsel shall use link previously provided via email. The public may view the hearing via the Court's YouTube stream. Please visit rid.uscourts.gov for more information. (Potter, Carrie)

37 Dec. 7, 2025

NOTICE of Appearance by Pardis Gheibi on behalf of All Defendants (Gheibi, Pardis) (Entered: 12/07/2025)

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38 Dec. 8, 2025

NOTICE of Appearance by Peter Roni Goldstone on behalf of All Defendants (Goldstone, Peter) (Entered: 12/08/2025)

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39 Dec. 8, 2025

NOTICE by Scott Turner, United States Department of Housing and Urban Development NOTICE OF WITHDRAWAL OF THE CHALLENGED 2025 NOTICE OF FUNDING OPPORTUNITY (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gheibi, Pardis) (Entered: 12/08/2025)

1 Exhibit A

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2 Exhibit B

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Clearinghouse
Dec. 8, 2025

Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 12/8/2025 5 MOTION for TRO: A. Getachew, A. Romero, A. Hughes, A. Fasanelli, C. Flaxman, C. Crawford, C. Flaherty, C. Sepe, K. Sabatini, K. Meyer-Scott, K. Bateman, L. Labinger, M. Gitomer, M. Levin-Gesundheit, P.R. Gladstone, P. Gheibi, S. Thompson, Z. Muller. Court addresses the parties; parties respond. Defendants advise that NOFO 25 has been withdraw. Parties argue. Defendants are to file their response to 5 Motion for Preliminary Injunction by 12/15/2025. Replies are due 12/17/2025. Hearing to be held on 12/19/2025 at 10:00 am. Court orders HUD to file administrative record by 12/15/2025. Defense asks for additional time. Court declines to give additional time, however, if record not available, it must be addresses in response. Recess. (Potter, Carrie)

Dec. 8, 2025

NOTICE of Hearing on Motion 5 MOTION for Preliminary Injunction and for Relief under 5 USC 705 : Motion Hearing set for 12/19/2025 at 10:00 AM via Zoom before District Judge Mary S. McElroy. Counsel will receive link via email. The public may view the hearing via the Court's YouTube stream. Please visit rid.uscourts.gov for more information. (Potter, Carrie)

40 Dec. 10, 2025

TRANSCRIPT of Motion for Temporary Restraining Order, held on December 8, 2025, before District Judge Mary S. McElroy. Court Reporter Denise P. Veitch, Telephone number (401) 752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained the Court Reporter through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 12/31/2025. Redacted Transcript Deadline set for 1/12/2026. Release of Transcript Restriction set for 3/10/2026. (Veitch, Denise) (Entered: 12/10/2025)

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41 Dec. 10, 2025

AFFIDAVIT of Service, filed by City of Cambridge, City of Tucson, Crossroads Rhode Island, Martin Luther King, Jr. County, County of Santa Clara, National Low Income Housing Coalition, Metropolitan Government of Nashville & Davidson County, Youth Pride, Inc., National Alliance to End Homelessness, City and County of San Francisco, City of Boston All Defendants. (Attachments: # 1 Proof of Service - Sec. Turner, # 2 Proof of Service - AG Bondi, # 3 Proof of Service - USAO)(Bateman, Kristin) (Entered: 12/10/2025)

1 Proof of Service - Sec. Turner

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2 Proof of Service - AG Bondi

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3 Proof of Service - USAO

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42 Dec. 12, 2025

NOTICE of Appearance by John Bailey on behalf of All Defendants (Bailey, John)

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43 Dec. 15, 2025

NOTICE of Appearance by William S. Jankowski on behalf of All Defendants (Jankowski, William)

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44 Dec. 15, 2025

NOTICE by Scott Turner, United States Department of Housing and Urban Development PARTIAL ADMINISTRATIVE RECORD (Gheibi, Pardis)

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45 Dec. 15, 2025

RESPONSE In Opposition to [5] MOTION for Preliminary Injunction and for Relief under 5 USC 705 filed by All Defendants. Replies due by 12/22/2025. (Attachments: (1) Exhibit A, (2) Exhibit B, (3) Exhibit C)(Gheibi, Pardis)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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46 Dec. 15, 2025

NOTICE by Scott Turner, United States Department of Housing and Urban Development REGARDING TIMELINE OF THE ADMINISTRATIVE RECORD (Gheibi, Pardis)

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47 Dec. 17, 2025

MOTION for Simon Brewer to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2222305 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/17/2025)

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48 Dec. 17, 2025

MOTION for Christine L. Coogle to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2222308 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 12/17/2025)

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49 Dec. 17, 2025

REPLY to Response re 45 Response to Motion, for Relief under 5 U.S.C. 705 and for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Supplemental Decl. of Ann Marie Oliva (NAEH))(Bateman, Kristin) (Entered: 12/17/2025)

1 Supplemental Decl. of Ann Marie Oliva (NAEH)

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Dec. 17, 2025

TEXT ORDER granting 47 Motion to Appear Pro Hac Vice of Simon C. Brewer. So Ordered by District Judge Mary S. McElroy on 12/17/2025. (Hill, Cherelle)

Dec. 17, 2025

TEXT ORDER granting 48 Motion to Appear Pro Hac Vice of Christine L. Coogle. So Ordered by District Judge Mary S. McElroy on 12/17/2025. (Hill, Cherelle)

50 Dec. 19, 2025

Joint MOTION to Expedite Partial Summary Judgment Briefing filed by All Defendants. Responses due by 1/2/2026. (Jankowski, William) (Entered: 12/19/2025)

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51 Dec. 19, 2025

NOTICE by Scott Turner, United States Department of Housing and Urban Development NOTICE OF PUBLICATION OF NEW 2025 NOFO (Attachments: (1) Exhibit A (New 2025 NOFO), (2) Exhibit B (New 2025 NOFO Website Publication))(Jankowski, William)

1 Exhibit A (New 2025 NOFO)

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2 Exhibit B (New 2025 NOFO Website Publication)

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Dec. 19, 2025

Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 12/19/2025 re 5 MOTION for Preliminary Injunction: Z. Muller, K. Bateman and J. Bailey arguing. Court questions the parties, parties respond. Parties argue motions. For reasons stated on the record, the Court grants the motions. Parties to prepare a proposed order. Recess. (Court Reporter D. Veitch in Courtroom Zoom at 10:00 am.) (Potter, Carrie)

Dec. 22, 2025

NOTICE of Hearing: Status Conference set for 12/22/2025 at 02:00 PM via Zoom before District Judge Mary S. McElroy. This conference is for counsel only. Counsel to receive zoom information via email. (Potter, Carrie)

Dec. 22, 2025

Minute Entry for proceedings held before District Judge Mary S. McElroy: Status Conference held on 12/22/2025: J. Bailey, W. Jankowski, C. Faherty, C. Flaxman, C. Coggle, J. Whitaker, K. Hubbard, A. Leggett, A. Hughes, C. Crawford, A. Romero, M. Levin-Gesundheit, K. Sabatini, K, Bateman, A, Knowpfier, Z. Muller, A. Holcomb, A. Getachew, G. Provost, M. Gitoman, L. Arzy, A. Geroge, K. Narayan in attendance. (Courtroom Zoom at 2:00 pm.) (Potter, Carrie)

Dec. 22, 2025

Notice of Hearing (Form Attached)

Dec. 22, 2025

Notice of Hearing

52 Dec. 23, 2025

ORDER for Relief Under 5 U.S.C. § 705 and for Preliminary Injunction. So Ordered by District Judge Mary S. McElroy on 12/23/2025. (Attachments: (1) Appendix) (Potter, Carrie)

1 Appendix

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Clearinghouse
53 Dec. 23, 2025

NOTICE by Scott Turner, United States Department of Housing and Urban Development OF COMPLIANCE WITH PARAGRAPH 7 OF THE PRELIMINARY INJUNCTION ORDER (Jankowski, William)

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Dec. 23, 2025

TEXT ORDER granting 50 Motion to Expedite.

Case Details

State / Territory:

Rhode Island

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Dec. 1, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The National Alliance to End Homelessness and a coalition of national housing organizations, local nonprofits, and eight major cities.

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Department of Housing and Urban Development

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Separation of Powers

Spending/Appropriations Clauses

Other Dockets:

District of Rhode Island 1:25-cv-00636

U.S. Court of Appeals for the First Circuit 26-01218

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reinstatement (job, contract, grant, etc.)

Issues

General/Misc.:

Access to public accommodations - governmental

Funding

Housing assistance

Poverty/homelessness

Public assistance grants

Recommended Citation