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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 10

Citation
Section 10
Parent Document
Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
Effective Date
1994-09-12

Full Text

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When HUD implemented 42 U.S.C. § 1437d(k), and decided that Washington’s state eviction procedures satisfy the basic elements of due process, it promulgated a substantive rule. Because it did so without providing notice and an opportunity to comment, in violation of its own regulations, the rule thus promulgated is invalid. See Morton v. Ruiz, 415 U.S. at 235, 94 S.Ct. at *4501074.6 Accordingly, the judgment of the district court is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. REVERSED and REMANDED.