Francis Shannon v. Commissioner of Housing.

Summary

The court held that applying a regulation adopted after the plaintiff entered the state rental assistance program to terminate his future benefits based on his preexisting sex-offender-registration status was retroactive. Because the legislature had not expressly authorized retroactive rulemaking, the agency exceeded its authority, and the trial court should have sustained the plaintiff’s administrative appeal. Justice Espinosa, dissenting, would have held that the regulation authorized a prospective termination based on the plaintiff’s current registration status and would have affirmed.