Gallego, Colleagues File Amicus Brief in Lawsuit Against Trump Administration for Attacking Fair Housing Program

Lawsuit declares that HUD’s attempt to significantly transform the FHIP program violates the law and Congressional intent WASHINGTON – This week, Senator Ruben Gallego (D-AZ) joined Senators Chris Van Hollen (D-MD), Cory Booker (D-NJ), and 18 of their Democratic colleagues in submitting an amicus brief supporting a federal judge’s ruling that the Department of Housing and Urban Development (HUD) unlawfully restricted funding to groups that investigate and enforce laws against housing discrimination. The amicus filed argues that HUD’s unprecedented attempt to direct $46 million away from the Fair Housing Initiatives Program (FHIP) — while diverting an additional $10 million to government agencies with separate appropriations — has no lawful justification and would harm the nation’s fair housing enforcement infrastructure. The senators submitted the brief to the United States Court of Appeals for the First Circuit in the case of Massachusetts Fair Housing Center; National Fair Housing Alliance v. Department of Housing and Urban Development. “Congress intended FHIP to foster a nationwide network of private organizations, like Plaintiffs, that can aid the federal government in uncovering and eliminating housing discrimination. Since Congress piloted FHIP in 1988 and codified it in 1992, FHIP has consistently sustained private fair housing organizations through three grant streams: the Private Enforcement Initiative (‘PEI’) to support investigative and enforcement activities; the Education and Outreach Initiative (‘EOI’); and the Fair Housing Organization Initiative (‘FHOI’) to build organizational capacity. With this funding, private organizations handle most housing discrimination complaints and enforcement nationwide,” t he senators said. “HUD’s July 2, 2026, Notices of Funding Opportunity (‘NOFOs’) endanger fair housing organizations and their vital work. The NOFOs deviate from FHIP’s authorizing statute, decades of FHIP practice, and Congress’s intent. For the first time since FHIP’s codification in 1992, the FY2025 NOFOs provide no new awards for PEI or EOI—the lifeblood of fair housing organizations—nor do they fulfill existing multi-year PEI awards,” the senators continued. “These unprecedented actions have no lawful justification and would seriously harm the nation’s fair housing enforcement infrastructure. The district court rightly vacated HUD’s unlawful notices and directed funding to flow under the prior framework. HUD’s request to stay that well-founded order should be denied.” “The Doles Memo’s stated aims are misleading and contrary to FHIP’s purposes as well. […] Worse, the Doles Memo treats fair housing organizations like maligned welfare recipients—charging them with ‘perpetual dependence’ on federal funding. FHIP’s goal always has been to sustain these organizations as a vital organ of the fair housing enforcement system, particularly in areas underserved without federal resources. HUD’s NOFOs, if unaddressed, would set fair housing enforcement back decades. Defendants’ Motion for Stay should be denied,” the senators concluded. In addition to Senators Gallego, Van Hollen, and Booker, the amicus brief was submitted by Senators Patty Murray (D-WA), Jack Reed (D-RI), Chuck Schumer (D-NY), Mark Warner (D-VA), Jeff Merkley (D-OR), Kirsten Gillibrand (D-NY), Richard Blumenthal (D-CN), Brian Schatz (D-HI), Tim Kaine (D-VA), Elizabeth Warren (D-MA), Edward Markey (D-MA), Catherine Cortez Masto (D-NV), Tina Smith (D-MN), Raphael Warnock (D-GA), Peter Welch (D-VT), Andy Kim (D-NJ), Lisa Blunt Rochester (D-DE), and Angela Alsobrooks (D-MD). Read the full argument in the brief HERE .