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Maine Wins Appeal Blocking HUD Housing Restrictions

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Summary

The First Circuit Court of Appeals rejected HUD's request to allow unlawful restrictions on Continuum of Care federal homelessness-assistance grants on April 1, 2026, upholding a preliminary injunction that protects housing for over 1,200 Maine people and tens of thousands nationally. The decision affirms District Judge Mary McElroy's December ruling that found HUD's abrupt changes to the grant program would cause irreparable harm. Attorney General Aaron M. Frey led a multistate coalition that challenged HUD's reduction of permanent housing funds and unlawful conditions on program access.

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What changed

A federal appeals court upheld a preliminary injunction blocking HUD's attempted restrictions on Continuum of Care program funding, rejecting HUD's request to allow the restrictions to take effect. The ruling protects federal homelessness-assistance grants that support stable housing for over 1,800 people in Maine, including families, seniors, veterans, and people with disabilities.\n\nHUD had dramatically reduced the amount of grant funds that could be spent on permanent housing and imposed unlawful conditions on access to funding. State attorneys general and housing nonprofits should monitor HUD's next steps following this appellate decision, as the ruling confirms the restrictions cannot be implemented under current law. The case remains active litigation between the states and the federal government.

Archived snapshot

Apr 22, 2026

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Attorney General Aaron M. Frey Wins Appeals Court Ruling Against HUD Over Housing-Assistance Programs

4/02/2026

FOR IMMEDIATE RELEASE

Contact: Danna Hayes

Danna.hayes@maine.gov

Attorney General Aaron M. Frey Wins Appeals Court Ruling Against HUD Over Housing-Assistance Programs

AUGUSTA – In a decisive win for Maine and other states, a federal appeals court rejected the federal government’s request to impose harmful restrictions on grant funding that allows tens of thousands of formerly homeless people across the country to remain in stable housing.

Attorney General Aaron M. Frey and a multistate coalition sued the U.S. Department of Housing and Urban Development (HUD) last November after HUD abruptly changed its Continuum of Care program, the largest resource for federal homelessness assistance funding. HUD dramatically reduced the amount of grant funds that can be spent on permanent housing and put unlawful conditions on access to the funding.

U.S. District Court Judge Mary McElroy sided with the states in December, saying HUD’s actions would cause irreparable harm to the plaintiffs, and issued a preliminary injunction barring HUD from implementing the unlawful restrictions. On April 1, the appeals court rejected HUD’s request to temporarily allow the restrictions to go into effect.

“When so many can barely afford basic necessities, the cruelty of threatening housing security for vulnerable Mainers to advance a political agenda is appalling,” said Attorney General Frey. “While this attempt by HUD was obviously unlawful, the stress and uncertainty the Administration created in a vulnerable population and the people working hard to support them is wholly unnecessary and deeply destructive.”

The appeals court said plaintiffs had provided ample evidence that if HUD moved ahead with its planned restrictions to the funding, the results would be “immediately destabilizing and disastrous for their constituents.”

"I applaud Attorney General Frey on this critical victory, which blocks the President’s callous attempt to take housing away from more than 1,200 Maine people. I will continue to stand alongside the Attorney General to fight back against the President’s abuses of power and attempts to harm Maine people," said Governor Janet Mills.

Continuum of Care programs support stable housing for more than 1,800 people across Maine -- including families with children, seniors, veterans, people with mental and physical disabilities, and survivors of domestic violence. Under HUD’s attempted changes, more than 1,200 of these individuals would have lost their housing and become homeless.

View the appeals court judge’s ruling.

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Last updated

Classification

Agency
Maine AG
Published
April 2nd, 2026
Instrument
Notice
Branch
Executive
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Government agencies Nonprofits Healthcare providers
Industry sector
9211 Government & Public Administration
Activity scope
Federal grants Homelessness programs Housing assistance
Geographic scope
United States US

Taxonomy

Primary area
Housing
Operational domain
Legal
Topics
Public Health Healthcare Government Contracting

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