Logourl black
From our private database of 14,100+ case briefs...

Yesler Terrace Community Council v. Cisneros

United States Court of Appeals for the Ninth Circuit
37 F.3d 442 (1994)


Facts

In the State of Washington, tenants in public-housing projects generally could not be evicted without a grievance hearing before the public-housing authority (PHA) responsible for the project in which they lived. PHAs could, however, be exempted from the grievance procedure for evictions for drug- or crime-related reasons if the U.S. Department of Housing and Urban Development (HUD) determined that the state’s court-eviction procedures complied with due-process requirements. In 1991, HUD determined that Washington’s court-eviction procedure complied with these requirements. In response, several PHAs amended their lease agreements to reflect that they were not required to provide grievance hearings to tenants being evicted for crime-related reasons. In 1992, public-housing tenant Marla Davison was served with an eviction notice informing her that she was not entitled to a grievance hearing because she was being evicted for alleged criminal activity. Representing a class of public-housing tenants, Yesler Terrace Community Council and Eric Bolden (plaintiffs) filed suit against HUD Secretary Henry Cisneros (defendant), seeking injunctive and declaratory relief. The district court granted summary judgment to HUD. The plaintiffs appealed, arguing that because HUD had failed to provide notice and an opportunity for comment before making its determination that Washington’s state-court eviction procedures complied with due process, HUD had violated the Administrative Procedure Act (APA), 5 U.S.C. §§ 551-59, and its own regulations.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Canby, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.