The Pushback Against Proposed Public Housing Operating Fund Certification Language

In PIH Notice 2025-22 and this Federal Register notice, HUD proposed new operating fund certification language PHAs must agree to in order to receive subsidy. This article provides updates about how agencies are getting involved with litigation and a recent letter NAHRO submitted in response to these proposed changes.

Pending Litigation

On October 7, NAHRO shared this message about litigation in response to the proposed certification language. Because of the time-sensitive nature of altering the certification language that PHAs must make in October, the deadline to join the suit was October 10, 2025. Reach out to NAHRO’s General Counsel and Director of Strategic Initiatives Georgi Banna with questions. It is unclear what the status of this suit will be at the time of publication.

Other Certification Language Updates

On September 22, NAHRO submitted comments in response to the proposed Public Housing Operating Fund certification language. NAHRO’s comments centered around four main points:

1. The language included in this notice is vague and difficult to comply with—because many of the new certifications are vague, it is unclear how they apply to the operating fund and how PHAs should comply. This new language does not help PHAs solve America’s housing and homelessness crises.
2. This is one of many changes PHAs currently face—these changes do not come in a vacuum, and PHAs are already busy adapting to other program changes.
3. The notice effectively forces PHAs to agree to flawed certifications—PHAs rely on these funds for operations and may not be able to refuse to certify, regardless of their concerns.
4. PHAs perform well—most PHAs perform well and are already subject to multiple levels of oversight for program compliance.

NAHRO’s specific comments focused on the proposed addition of new gender- and immigration-focused language.