County of Santa Clara office buildings in San Jose on March 11, 2021. Photo by Magali Gauthier.
The counties of San Francisco and Santa Clara have signed onto yet another lawsuit against the administration of President Donald Trump for placing new conditions on federal housing grants.
The suit challenges the move by U.S. Department of Housing and Urban Development Secretary Scott Turner to place new restrictions or conditions on previously approved grants that were ordered by Congress as part of HUD’s Continuum of Care program, which is meant to provide comprehensive resources for people exiting homelessness, including housing, healthcare, transportation and job services.
The restrictions target jurisdictions with policies related to diversity, equity and inclusion, immigration enforcement, and transgender rights, according to the civil complaint.
The two counties are engaged in multiple lawsuits against the administration, including challenging cuts enacted by Elon Musk’s Department of Government Efficiency, known as DOGE, and the withholding of federal grants from the U.S. Department of Justice from sanctuary jurisdictions.
Santa Clara County is also challenging the administration’s attempt to cancel birthright citizenship, while San Francisco is also suing to stop the removal of public health data from websites maintained by the U.S. Department of Health and Human Services.
San Francisco receives about $50 million a year from HUD’s Continuum of Care program, according to City Attorney David Chiu’s office.
“HUD’s Continuum of Care grant program provides tens of millions in funding for housing and related services for thousands of our most vulnerable,” Chiu said in a statement. “These new grant conditions blatantly violate the Constitution and endanger people’s lives. This is part of Trump’s strategy to push his ideology by threatening local programs and budgets. We will continue to oppose these efforts and stand up in court for San Francisco’s values, funding, and communities.”
The new suit involves a coalition of jurisdictions, including King County, Wash. The case is called Martin Luther King, Jr. County, et al., v. Scott Turner, et al.
The suit accuses the administration of violating the Constitution’s Spending Clause, the Tenth and Fifth amendments, separation of powers and the Administrative Procedure Act.
“In authorizing federal grant dispersals, Congress exercised its spending power to establish permissible conditions that agencies may impose on a grant award. Absent a statute, an agency lacks authority to impose grant conditions beyond what Congress has authorized,” the complaint reads.
The suit is being heard in U.S. District Court for the Western District of Washington and also names the U.S. Department of Transportation and Federal Transit Administration and their secretaries as defendants.
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