Yesler Terrace Community Council v. Cisneros

HUD (defendant) determined that Washington's court-eviction procedures satisfied due process, letting local public-housing authorities skip grievance hearings for tenants evicted over alleged crime-related conduct. Public housing authorities amended their leases accordingly, and tenant Marla Davison was later evicted without a grievance hearing based on alleged criminal activity. A tenant class (plaintiffs) sued, arguing HUD's determination was itself a rule that HUD adopted without the notice-and-comment procedures the Administrative Procedure Act requires for rulemaking. HUD argued its determination was merely an adjudication (an order), not subject to those procedures.

Whether an agency determination constitutes rulemaking when it affects the rights of a broad category of people and has a definitive effect on specific individuals only after the decision is subsequently applied.