Posted July 9, 2026
The U.S. Department of Housing and Urban Development is attempting yet again to unlawfully cap funding for permanent housing projects, in a move that would result in tens of thousands of people losing their homes, Attorney General Phil Weiser and a multistate coalition argued in a lawsuit filed in federal court on July 7.
Just last month, the states won a separate case against HUD in federal court in Rhode Island regarding the agency’s decision last year to impose illegal conditions on billions of dollars in funding for the Continuum of Care (CoC) program, which supports housing and other services for people experiencing housing instability or homelessness. Congress has prioritized stability in the way the funds are allocated, and the vast majority of CoC funds have traditionally supported permanent housing and other projects that have been shown to work.
On June 1, HUD issued a notice of funding opportunity that creates a $1.3 billion set-aside for new projects prioritizing such things as transitional housing, which results in a de facto cap on permanent housing. That shift threatens housing for at least 97,000 residents of CoC-funded permanent housing across the country, according to the National Alliance to End Homelessness.
“Again, HUD is trying to cap funding for permanent housing and set other unlawful conditions on the funds. Without action by the court, permanent housing projects will lose funding or see it reduced, resulting in tens of thousands of people being evicted back to the streets, with states and local governments left to pick up the pieces. These actions will make it harder for states to address homelessness,” said Attorney General Weiser.
The states argue that HUD’s actions violate the Administrative Procedure Act for, among other things, failing to proceed with notice-and-comment rulemaking and being arbitrary and capricious. They ask the court to declare that the challenged conditions are illegal and block HUD from implementing them.
Attorney General Weiser joined the attorneys general of Arizona, California, Connecticut, the District of Columbia, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, and the governors of Kentucky and Pennsylvania, in filing the lawsuit. Read a copy of the complaint (PDF).
Opposition to Postal Service’s Attempt to Undermine Voting Rights
Attorney General Weiser joined a multistate coalition of 24 attorneys general in filing a formal comment letter on July 2, opposing the U.S. Postal Service’s attempt to aid the president’s efforts to seize control of elections and restrict mail voting through a proposed rule and asking the Postal Service to withdraw the proposed rule.
“This is another unlawful attempt by the Trump administration to seize control of elections that are administered by the states,” said Attorney General Weiser. “Colorado is a national leader in secure, accessible elections, and we won’t stand by while the federal government tries to rewrite the rules and create new barriers for eligible voters.”
On March 31, President Trump signed an executive order attempting to establish a national list of eligible voters and directing USPS, an independent federal agency, to transmit mail ballots only to voters on that list. The order also threatened states and election officials with criminal prosecution and the loss of federal funding if they did not comply.
A federal judge struck down that executive order recently in a lawsuit joined by Attorney General Weiser (PDF), with the order applying to 24 states total. Nevertheless, USPS has not withdrawn its proposed rule to implement the order. Under the proposal, USPS would create a centralized voter list and refuse to deliver ballots to eligible voters who are not on it, effectively giving the federal government control over mail voting.
In the comment letter, the attorneys general argue the proposed rule violates the federal court’s order and represents an unconstitutional federal power grab. They also argue the proposal conflicts with USPS’s governing statutes and other federal voting laws.
The proposed rule would take effect before the 2026 election, forcing states to overhaul their election procedures and conduct statewide voter education just months before mail voting begins. Those last-minute changes would create confusion, disrupt election administration, and risk disenfranchising eligible voters.
State and federal law protect the right of eligible voters to cast ballots and have them counted. Voters of all political parties, in every state, rely on mail voting, including the president himself. Last week’s, Supreme Court decision in Watson v. Republican National Committee reaffirmed states’ authority to administer their own elections, including permitting voters to cast ballots by mail.
Colorado has successfully administered elections by mail for more than a decade, giving voters a secure and trusted way to cast their ballots. The proposed rule threatens that proven system.
The formal comment letter was led by the attorneys general of California, Massachusetts, Nevada, and Washington, and joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin. Read the comment letter (PDF).
