8.1 General Principles

Sometimes a state court eviction action can be enjoined where a federal right has been violated. Typically, affirmative federal litigation to enjoin eviction must be filed before the Rule for Possession is filed in state court.

Even if enjoining the eviction is not possible, the Supremacy Clause still requires the eviction court to consider and apply any relevant defenses based on federal law.1

• 1Thorpe v. Hous. Auth. of the City of Durham, 393 U.S. 268 (1969); Testa v. Katt, 330 U.S. 386 (1947).