The US Department of Housing and Urban Development plans to “assess issues raised” in a lawsuit filed by a group of attorneys general and governors, including Delaware's Kathy Jennings.
Delaware Attorney General Kathy Jennings joined 19 other attorneys general and two governors to file a complaint against the US Department of Housing and Urban Development on November 25.
According to the suit, changes and cuts the Trump administration wants for a major federal housing program, Continuum of Care, are illegal.
The US Department of Housing and Urban Development announced plans to shift funds available through its Continuum of Care program away from housing first and permanent housing support. It also limited funding to programs that recognize more than two genders.
Jennings said these changes would have an $8 million loss for Delaware’s housing programs, and putting stipulations on gender is discriminatory.
“Congress did not impose this condition,” she said. “Congress appropriated the money that would enable this funding to flow to combat homelessness and to give relief to people who can't find a roof over their heads. They didn't say you have to first agree that there are two genders.”
Before a scheduled court hearing on Monday, HUD withdrew the planned changes. It plans to submit a revision before the new year, ahead of application deadlines for Continuum of Care funds.
The Continuum of Care program provided more than $3 billion in funding last year for supportive housing.Delaware received nearly $12 million in grants last year.
Jennings said the federal government can’t impose conditions that have nothing to do with the purpose of the funding. Her office has participated in and won similar legal arguments against the administration, mentioning its efforts to dismantle AmeriCorps and restrict funds for victims of violent crime.
Delaware's attorney general’s office said it’s filed or joined more than 40 lawsuits against the federal government since President Donald Trump took office, which it says has saved the state $856 million.
“We have been hands-down winning these lawsuits with unlawful conditions attached,” Jennings said. “And I'm confident we're going to win this one, and so it would be a wise, efficient move for the government to retract its condition, its unlawful condition.”