Sen. Kirsten Gillibrand (D-NY) and 20 Senate colleagues have filed 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. Gillibrand is the ranking member of the Senate Appropriations Transportation, Housing and Urban Development (THUD) Subcommittee.
The senators argue that HUD’s July 2, 2026 Notices of Funding Opportunity (NOFOs) depart from the authorizing statute of the Fair Housing Initiatives Program (FHIP) and from decades of practice. According to the brief, for the first time since FHIP was codified in 1992, the FY2025 NOFOs provide no new awards for the Private Enforcement Initiative or the Education and Outreach Initiative, and do not fund existing multi-year enforcement awards.
The brief says HUD is trying to direct $46 million away from existing qualified organizations toward groups with no fair housing enforcement experience. It also says HUD would divert another $10 million to government agencies that already receive separate appropriations. The district court vacated the notices and ordered funding to flow under the prior framework, and the senators urge that HUD’s request for a stay be denied.
Gillibrand said these groups could be forced to close without the funding Congress appropriated, leaving housing discrimination unchecked.
Why it matters
Private fair housing organizations handle most housing discrimination complaints nationwide, according to the brief. The outcome of this case affects who receives FHIP money and how renters and buyers can get help with discrimination complaints.
Source: Sen. Kirsten E. Gillibrand (D-NY), October 7, 2026. Read the original release
