Ps represent a class of tenants in public housing projects in Washington state. These tenants ordinarily may be evicted only after a grievance hearing before the public housing authority (PHA). In cases of eviction for drug-related or certain other criminal activity, PHAs may omit the mandatory grievance procedures, but only if D has determined that state court eviction procedures satisfy the elements of due process as defined in 24 C.F.R. § 966.53(c). D determined that Washington's state court eviction procedures satisfy the elements of due process, and PHAs, therefore, could dispense with grievance hearings for crime-related evictions. On March 24, 1992, the Seattle Housing Authority served Marla Davison with an eviction notice stating that she would not be afforded a grievance hearing because her eviction was due to alleged criminal activity. Ps brought this action, seeking injunctive and declaratory relief on the ground that D violated 42 U.S.C. § 1437d(k), the Administrative Procedure Act (APA), 5 U.S.C. § 551 and D's own regulations, 24 C.F.R. § 10.1, when it issued its due process determination without first providing notice and opportunity to comment. The district court granted summary judgment for D, and this appeal followed.