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

COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2304225 ), filed by City of Cambridge, 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 of Tucson, City of Boston. (Attachments: # 1 Civil Cover Sheet, # 2 HUD Summons, # 3 Turner Summons, # 4 OMB Summons, # 5 Vought Summons, # 6 USAO Summons, # 7 AG Summons)(Romero, Amy) (Entered: 07/02/2026)

1 Civil Cover Sheet

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2 HUD Summons

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3 Turner Summons

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4 OMB Summons

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5 Vought Summons

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6 USAO Summons

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7 AG Summons

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Corporate Disclosure Statement by 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: 07/02/2026)

MOTION for Kristin Bateman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2304239 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 07/02/2026)

CASE OPENING NOTICE ISSUED (Hill, Cherelle) (Entered: 07/02/2026)

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Office of Management and Budget Summons, # 2 Russell Vought Summons, # 3 Scott Turner, # 4 United States Department of Housing and Urban Development Summons, # 5 USAO Summons)(Hill, Cherelle) (Entered: 07/02/2026)

NOTICE of Appearance by Lynette J. Labinger on behalf of Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc. (Labinger, Lynette) (Entered: 07/02/2026)

MOTION for Stay under 5 U.S.C. 705 and for Preliminary Injunction filed by All Plaintiffs. Responses due by 7/16/2026. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit FY 2026 NOFO, # 3 Exhibit Oliva Declaration)(Bateman, Kristin) (Entered: 07/02/2026)

1 Supporting Memorandum

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2 Exhibit FY 2026 NOFO

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3 Exhibit Oliva Declaration

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Case Conditionally Assigned

Order on Motion to Appear Pro Hac Vice

CASE CONDITIONALLY ASSIGNED to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses. Related Case Numbers 25-cv-626 and 25-cv-636 based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Hill, Cherelle)

TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Kristin Bateman. So Ordered by District Judge Mary S. McElroy on 7/2/2026. (Hill, Cherelle)

MOTION for Kevin Love Hubbard to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2305790 ) filed by All Plaintiffs. (Romero, Amy) (Entered: 07/07/2026)

MOTION for Antonia K. Fasanelli to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2305795 ) filed by National Alliance to End Homelessness, National Low Income Housing Coalition. (Romero, Amy) (Entered: 07/07/2026)

MOTION for Kavita Narayan to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2305800 ) filed by County of Santa Clara. (Romero, Amy) (Entered: 07/07/2026)

MOTION for Leily Arzy to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2305810 ) filed by County of Santa Clara. (Romero, Amy) (Entered: 07/07/2026)

MOTION for Meredith A. Johnson to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2305813 ) filed by County of Santa Clara. (Romero, Amy) (Entered: 07/07/2026)

MOTION for Stefanie Wilson to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2305817 ) filed by County of Santa Clara. (Romero, Amy) (Entered: 07/07/2026)

MOTION for Tony LoPresti to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2305821 ) filed by County of Santa Clara. (Romero, Amy) (Entered: 07/07/2026)

MOTION for Carrie Y. Flaxman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306485 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 07/08/2026)

MOTION for Christine L. Coogle to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306487 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 07/08/2026)

MOTION for Madeline H. Gitomer to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306488 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 07/08/2026)

MOTION for Robin F. Thurston to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306490 ) filed by Crossroads Rhode Island, National Alliance to End Homelessness, National Low Income Housing Coalition, Youth Pride, Inc.. (Romero, Amy) (Entered: 07/08/2026)

MOTION for Cassandra Crawford to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306547 ) 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: 07/08/2026)

MOTION for Christopher Sanders to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306548 ) filed by Martin Luther King, Jr. County. (Romero, Amy) (Entered: 07/08/2026)

MOTION for Cristy J. Craig to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306553 ) filed by Martin Luther King, Jr. County. (Romero, Amy) (Entered: 07/08/2026)

MOTION for Graham Provost to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306555 ) 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: 07/08/2026)

MOTION for John K. Whitaker to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306556 ) filed by Metropolitan Government of Nashville & Davidson County. (Romero, Amy) (Entered: 07/08/2026)

MOTION for Kayla Svihovec to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306558 ) 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: 07/08/2026)

MOTION for Mika Rothman to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306563 ) filed by Martin Luther King, Jr. County. (Romero, Amy) (Entered: 07/08/2026)

MOTION for Toby Merrill to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2306565 ) 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: 07/08/2026)

TEXT ORDER granting 8 Motion to Appear Pro Hac Vice of Kevin Love Hubbard. So Ordered by District Judge Mary S. McElroy on 7/8/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 10 Motion to Appear Pro Hac Vice of Kavita Narayan. So Ordered by District Judge Mary S. McElroy on 7/8/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 11 Motion to Appear Pro Hac Vice of Leily Arzy. So Ordered by District Judge Mary S. McElroy on 7/8/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 12 Motion to Appear Pro Hac Vice of Meredith A. Johnson. So Ordered by District Judge Mary S. McElroy on 7/8/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 13 Motion to Appear Pro Hac Vice of Stefanie Wilson. So Ordered by District Judge Mary S. McElroy on 7/8/2026. (Gonzalez Gomez, Viviana)

Order on Motion to Appear Pro Hac Vice

TEXT ORDER granting 14 Motion to Appear Pro Hac Vice of Tony LoPresti. So Ordered by District Judge Mary S. McElroy on 7/8/2026. (Gonzalez Gomez, Viviana)

Joint MOTION for Scheduling Order and to Waive Statements of Undisputed Facts filed by All Plaintiffs. Responses due by 7/23/2026. (Romero, Amy) (Entered: 07/09/2026)

NOTICE of Appearance by Michael Benjamin Bruns on behalf of All Defendants (Bruns, Michael) (Entered: 07/09/2026)

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice of Antonia K. Fasanelli. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 15 Motion to Appear Pro Hac Vice of Carrie Y. Flaxman. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 16 Motion to Appear Pro Hac Vice of Christine L. Coogle. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 17 Motion to Appear Pro Hac Vice of Madeline H. Gitomer. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 18 Motion to Appear Pro Hac Vice of Robin F. Thurston. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 19 Motion to Appear Pro Hac Vice of Cassandra Crawford. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 20 Motion to Appear Pro Hac Vice of Christopher Michael Sanders. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 21 Motion to Appear Pro Hac Vice of Cristy Craig. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 22 Motion to Appear Pro Hac Vice of Graham Provost. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 23 Motion to Appear Pro Hac Vice of John K. Whitaker. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 24 Motion to Appear Pro Hac Vice of Kayla Svihovec. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 25 Motion to Appear Pro Hac Vice of Mika Rothman. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 26 Motion to Appear Pro Hac Vice of Toby Merrill. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Gonzalez Gomez, Viviana)

TEXT ORDER granting 27 Joint MOTION for Scheduling Order and to Waive Statements of Undisputed Facts. So Ordered by District Judge Mary S. McElroy on 7/10/2026. (Potter, Carrie)

NOTICE by Office of Management and Budget, Scott Turner, United States Department of Housing and Urban Development, Russell Vought of production of Administrative Record (Attachments: # 1 Exhibit Index, # 2 Exhibit Certification)(Bruns, Michael) (Entered: 07/13/2026)

1 Exhibit Index

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2 Exhibit Certification

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MOTION for Partial Summary Judgment and/or, MOTION for Preliminary Injunction and Stay Under 5 U.S.C. 705 filed by All Plaintiffs. Responses due by 7/31/2026. (Attachments: # 1 Supporting Memorandum, # 2 Appendix Appendix of Challenged Conditions, # 3 Exhibit Excerpts of Administrative Record, # 4 Exhibit Oliva (NAEH) Decl., # 5 Exhibit Willis (NLIHC) Decl., # 6 Exhibit Wilcox (Crossroads) Decl., # 7 Exhibit Frazier (YPI) Decl., # 8 Exhibit Dillon (Boston) Decl., # 9 Exhibit Margargee (Cambridge) Decl., # 10 Exhibit Jackson (MLK County) Decl., # 11 Exhibit Calvin (Nashville) Decl., # 12 Exhibit Kaminski (Santa Clara County) Decl., # 13 Exhibit Chanecka (Tucson) Decl.)(Bateman, Kristin) (Entered: 07/17/2026)

1 Supporting Memorandum

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2 Appendix Appendix of Challenged Conditions

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3 Exhibit Excerpts of Administrative Record

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4 Exhibit Oliva (NAEH) Decl.

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5 Exhibit Willis (NLIHC) Decl.

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6 Exhibit Wilcox (Crossroads) Decl.

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7 Exhibit Frazier (YPI) Decl.

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8 Exhibit Dillon (Boston) Decl.

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9 Exhibit Margargee (Cambridge) Decl.

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10 Exhibit Jackson (MLK County) Decl.

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11 Exhibit Calvin (Nashville) Decl.

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12 Exhibit Kaminski (Santa Clara County) Decl.

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13 Exhibit Chanecka (Tucson) Decl.

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AFFIDAVIT of Service, filed by City of Cambridge, 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 of Tucson, City of Boston Affidavit of Service (HUD) All Defendants. (Attachments: # 1 Affidavit Affidavit of Service (Turner), # 2 Affidavit Affidavit of Service (OMB), # 3 Affidavit Affidavit of Service (Vought), # 4 Affidavit Affidavit of Service (Attorney General), # 5 Affidavit Affidavit of Service (USAO))(Bateman, Kristin) (Entered: 07/20/2026)

1 Affidavit Affidavit of Service (Turner)

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2 Affidavit Affidavit of Service (OMB)

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3 Affidavit Affidavit of Service (Vought)

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4 Affidavit Affidavit of Service (Attorney General)

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5 Affidavit Affidavit of Service (USAO)

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Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, or in the alternative, Preliminary Injunction filed by All Defendants. Responses due by 8/7/2026. (Bruns, Michael) (Entered: 07/24/2026)

RESPONSE In Opposition to 32 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, or in the alternative, Preliminary Injunction and REPLY In Support of Plaintiffs' Motion for Partial Summary Judgment and/or Preliminary Relief filed by All Plaintiffs. Replies due by 8/7/2026. (Attachments: # 1 Exhibit Consolidated Excerpts of Administrative Record, # 2 Exhibit Suppl. Oliva Decl.)(Bateman, Kristin) (Entered: 07/31/2026)

1 Exhibit Consolidated Excerpts of Administrative Record

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2 Exhibit Suppl. Oliva Decl.

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MEMORANDUM AND ORDER GRANTING IN PART AND DENYING PART 30 Plaintiffs' Motion for Summary Judgment and DENYING IN PART AND GRANTING IN PART 32 Defendants' Cross-Motion for Summary Judgment. The Court therefore sets aside HUD's iss uance of the 2026 NOFO in its entirety as violative of the APA. The Court, however, denies Plaintiffs' request for a permanent injunction. Because, as described above, the Court concludes that the 2026 NOFO may not proceed based on its procedural infirmity, it obviates the need for the Court to rule on the other aspects of the parties' motions at this time.. So Ordered by District Judge Mary S. McElroy on 8/7/2026. (Simoncelli, Michael)

JUDGMENT. So Ordered by Clerk of Court on 8/7/2026. (Simoncelli, Michael) (Entered: 08/07/2026)

NOTICE OF APPEAL by Office of Management and Budget, Scott Turner, United States Department of Housing and Urban Development, Russell Vought as to 34 Memorandum and Order,, (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 8/20/2026. (Bruns, Michael) (Entered: 08/13/2026)

Emergency MOTION to Stay re 34 Memorandum and Order,, relief requested by August 17, 2026 filed by All Defendants. Responses due by 8/27/2026. (Attachments: # 1 Affidavit Caitlyn McKenney)(Bruns, Michael) (Entered: 08/13/2026)

1 Affidavit Caitlyn McKenney

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CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b) re: 36 Notice of Appeal. Documents Sent: 34, 35. (Attachments: # 1 Record on Appeal) (Gonzalez Gomez, Viviana) (Entered: 08/13/2026)

1 Record on Appeal

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TEXT ORDER. Before the Court is Defendants' Combined Emergency Motion for a Stay of the Summary Judgment Order Pending Appeal (ECF No. 37). The Court has considered the arguments contained in Defendants' Motion. When evaluating whether to stay an order pending an appeal, the Court must consider: "(1) whether the stay applicant has made a strong showing that it is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies." Does 1-3 v. Mills, 39 F.4th 20, 24 (1st Cir. 2022) (cleaned up). The Court concludes that Defendants have not met the aforementioned standard. Most notably, the Court determines that its issuance of a stay is not warranted based on the Defendants' failure to present the Court with a new, previously-unrejected basis on which they will likely succeed on the merits. Moreover, the Court determines that Defendants lack a cognizable harm in seeking to uphold agency action that the Court has set aside as violative of the law. See Woonasquatucket River Watershed Council v. United States Dept of Agric., 778 F. Supp. 3d 440, 447 (D.R.I. 2025) ("[A]n agency is not harmed by an order prohibiting it from violating the law") (cleaned up). As a result, the Court DENIES Defendants' Combined Emergency Motion for a Stay of the Summary Judgment Orders Pending Appeal, (ECF No. 37). So Ordered by District Judge Mary S. McElroy on 8/13/2026. (Potter, Carrie)

TEXT ORDER. Before the Court is Defendants' Combined Emergency Motion for a Stay of the Summary Judgment Order Pending Appeal (ECF No. 37 ). The Court has considered the arguments contained in Defendants' Motion. When evaluating whether to stay an order pending an appeal, the Court must consider: "(1) whether the stay applicant has made a strong showing that it is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies." Does 1-3 v. Mills, 39 F.4th 20, 24 (1st Cir. 2022) (cleaned up). The Court concludes that Defendants have not met the aforementioned standard. Most notably, the Court determines that its issuance of a stay is not warranted based on the Defendants' failure to present the Court with a new, previously-unrejected basis on which they will likely succeed on the merits. Moreover, the Court determines that Defendants lack a cognizable harm in seeking to uphold agency action that the Court has set aside as violative of the law. See Woonasquatucket River Watershed Council v. United States Dept of Agric., 778 F. Supp. 3d 440, 447 (D.R.I. 2025) ("[A]n agency is not harmed by an order prohibiting it from violating the law") (cleaned up). As a result, the Court DENIES Defendants' Combined Emergency Motion for a Stay of the Summary Judgment Orders Pending Appeal, (ECF No. 37 ). So Ordered by District Judge Mary S. McElroy on 8/13/2026. (Potter, Carrie)

USCA Case Number 26-1923 for 36 Notice of Appeal, filed by United States Department of Housing and Urban Development, Office of Management and Budget, Scott Turner, Russell Vought. (Gonzalez Gomez, Viviana)

MOTION to Amend/Correct [35] Judgment (Unopposed) filed by All Plaintiffs. Responses due by 9/18/2026. (Coogle, Christine)

ORDER of the U.S. Court of Appeals for the First Circuit entered as to [36] Notice of Appeal,, filed by United States Department of Housing and Urban Development, Office of Management and Budget, Scott Turner, Russell Vought. ORDER entered by Lara E. Montecalvo, Appellate Judge; Seth Robert Aframe, Appellate Judge; and Joshua D. Dunlap, Appellate Judge: Defendants-Appellants U.S. Department of Housing and Urban Development, et al. ("HUD"), seek a stay pending appeal of an order granting summary judgment to Plaintiffs- Appellees (a collection of States and other interested parties) on their claim that HUD wrongfully failed to engage in notice and comment procedures prior to issuing a Notice of Funding Opportunity ("NOFO") that set aside $1.3 billion to be awarded for transitional housing and "supportive service only" projects under the Continuum of Care program. In reviewing the motion for stay pending appeal, we apply the familiar standard set forth in Nken v. Holder, 556 U.S. 418, 426 (2009). After careful review of the parties' briefs and supplemental submissions, we conclude that HUD has met its burden to show its entitlement to a stay pending appeal. HUD has made a strong showing that it is likely to succeed on the merits of its challenge to the district court's holding that the set-aside in the NOFO was subject to notice and comment requirements pursuant to 42 U.S.C. § 11386b(d). That holding turned on the district court's determination that the set-aside constitutes a "bonus or other incentive[]" under that provision. We conclude that HUD is likely to succeed on the argument that the set-aside is not a "bonus or other incentive[]" as that term is used in § 11386b(d). We further conclude that HUD would suffer irreparable injury absent a stay, given that HUD only has until December 1, 2026 to make awards to applicants for Continuum of Care funds. See Consolidated Appropriations Act, Pub. L. No. 119-75, 140 Stat. 173, 400 (2026). Although HUD is likely to succeed on the merits, it would be unable to implement the NOFO in a timely manner -- thereby creating funding gaps -- unless a stay enters. Accordingly, the motion for stay pending appeal is granted. [26-1922, 26-1923] (Hill, Cherelle)