Today, Judge McElroy of the United States District Court for the District of Rhode Island has ruled that the FY2026 CoC NOFO is illegal and will not go forward.



In her ruling, Judge McElroy finds that HUD illegally implemented dramatic policy changes to the Continuum of Care program without first allowing for a public notice and comment period as required by law. Since HUD did not follow the proper procedure, the FY2026 CoC NOFO must be voided.

However, today’s ruling did not decide whether the policy changes made in the FY2026 CoC NOFO are illegal. Since the NOFO was ruled illegal and must be voided, the policy changes made in the NOFO no longer apply. To implement the policy changes, dismantling the evidence-based practice of housing first, HUD would need to first submit those changes to a public notice and comment period.

If HUD continues with their attempts to end support for Permanent Supportive Housing, SHPA stands ready to engage in the public comment period in defense of this essential program.

We will continue to monitor as more information becomes available, please continue to stand by for future updates.