Committee okays HOME agreement changes but staff warns HUD Federal Register notice is broad and under legal stay

The DuPage County Human Services Committee approved a first modification to a HOME Investment Partnerships program agreement for Taft and Exmor LP on Feb. 3, while staff cautioned that some of the newly added language responds to a recent HUD Federal Register notice that has since been stayed by the courts.

The modification (HSR5-26) covers projects HM2105, HM2202 and HM2302 and incorporates newly effective requirements under the Illinois Prevailing Wage Act as well as clauses referencing immigration-related eligibility and verification tied to HUD’s guidance. Committee members moved and seconded the recommendation and approved it by voice vote.

During committee discussion, a staff member explained that HUD had "expanded on their interpretation of what constitutes a federal public benefit," which broadened the kinds of grants and programs potentially affected. The staff speaker said the agreement language is being added "as applicable" so it would only be enforced if triggered by future federal guidance or legal outcome.

The staff presentation also noted that a court had issued a stay on the particular Federal Register notice, meaning local implementation of the notice’s interpretation is on hold pending litigation. Committee members sought clarification about phrasing and were told the conditional wording was intended to preserve the county’s ability to comply if courts or the federal government finalize guidance.

The committee approved the modification; staff said they will monitor litigation and apply the new language only where legally required.

Next steps: staff will track the HUD litigation and report back to the committee if the status of the Federal Register notice changes.