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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)

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

Other Sections in This Document (40)

Full Text

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23
Here, HUD's due process determination plainly was a substantive rule. Section 1437d(k) does not, on its own, alter tenants' rights to a grievance hearing. It merely gives HUD the authority to make due process determinations. HUD therefore did more than construe the statute. Prior to HUD's decision, public housing tenants in Washington had a statutory right to a pre-eviction hearing. HUD's decision, made pursuant to authority granted by Congress, eliminated that right for a class of tenants. Therefore, it was a substantive rule. Id. CONCLUSION