03.13.2025

Firm Seeks Temporary Restraining Order Against U.S. Department of Housing and Urban Development and the Department of Government Efficiency

On March 13, 2025, Relman Colfax, alongside members of the National Fair Housing Alliance (NFHA), filed a complaint and motion for a Temporary Restraining Order (TRO) in the United States District Court for the District of Massachusetts against the U.S. Department of Housing and Urban Development (HUD) and the Department of Government Efficiency (DOGE). This legal action, consisting of a class of over 60 fair housing organizations asking for immediate relief, stands as a critical response to the abrupt and unjustified termination of grants under the Fair Housing Initiatives Program (FHIP). The cuts, enacted without adequate explanation or legal authority by HUD and DOGE on February 27, 2025, place often marginalized communities and the ongoing fight for housing equality at grave risk. The termination of those grants jeopardizes over $30 million in critical, congressionally authorized funding for fair housing groups to fight housing discrimination and enforce fair housing laws throughout the country.

The Complaint and TRO motion outline how the Defendants actions were in violation of the Administrative Procedures Act and in excess of their authority. Fair housing organizations nationwide rely on FHIP funding to advocate for and protect individuals facing discrimination on the basis of race, disability, gender, familial status, and other protected categories. These organizations are integral participants in the civil rights enforcement framework, aiding countless households who would otherwise face insurmountable barriers to fair and equitable housing.

The termination of funding is already having profound consequences for organizations at the forefront of the fight for housing equality. The named plaintiffs in the TRO filing are the Massachusetts Fair Housing Center, Intermountain Fair Housing Council, Fair Housing Council of South Texas - San Antonio Fair Housing Council, and Housing Research and Advocacy Center - Fair Housing Center for Rights and Research. Their work extends to rural areas, immigrant populations, domestic violence survivors, veterans, seniors, and individuals with disabilities, and more. The sudden withdrawal of funding has placed these groups, and the people they serve, in a precarious position, threatening vital services and legal assistance that address systemic inequities.

The consequences of the lawless termination decision are dire. The Massachusetts Fair Housing Center has been forced to turn away clients, including a domestic violence survivor facing displacement from her temporary shelter and someone denied housing based on disability. The Intermountain Fair Housing Council will be forced to narrow its service area, leaving ten counties without any eviction prevention or fair housing services. The Fair Housing Council of South Texas - San Antonio Fair Housing Council has laid off nearly half its staff. The Housing Research and Advocacy Center - Fair Housing Center for Rights and Research cancelled events, ceased training programs midstream, and is scrambling to cover costs incurred in reliance on its grants. These broad impacts–in states all over the country–are just the start of insurmountable injustices and make up an even larger narrative of nationwide harm.

Fair housing is not merely a policy initiative; it is a fundamental right protected under federal law. While ​​HUD is responsible for enforcing Title VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act, fair housing organizations play a vital role in helping to promote fair housing. NFHA conducted a study that found FHIP is a critical component of the U.S. civil rights enforcement infrastructure.

According to Yiyang Wu, Partner at Relman Colfax, “The sudden termination of these grants comes at a time of escalating discrimination complaints. These programs are not just administrative line items; they are lifelines for all  Americans. HUD’s and DOGE’s irresponsible actions could dismantle critical programs and shutter organizations that ensure access to fair, equitable housing nationwide.”

The actions taken by HUD and DOGE send a dangerous message—that housing discrimination protections may no longer be a priority for federal agencies tasked with upholding them. This TRO and class action were filed to thwart any further damage or harm to communities across the country.

The Relman Colfax litigation team consists of Reed Colfax, Zoila Hinson, Robert Hunter, Rebecca Livengood, Lila Miller, and Yiyang Wu.

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