8.3.1 Fair Housing Act

Eviction of tenants based on unlawful discrimination can be enjoined under the Fair Housing Act1  and 42 U.S.C. § 1982.2

Housing discrimination cases involving contested factual issues and a discriminatory eviction may be better litigated in state district court where lis pendens will require the eviction to be litigated in district court if the tenant’s affirmative lawsuit is filed first.3

• 142 U.S.C. § 3601, et seq. For a more extensive discussion of the FHA, see Section 13.
• 2See, e.g., Bill v. Hodges, 628 F.2d 844, 845 (4th Cir. 1980). The Anti-Injunction Act does not prohibit a federal court from enjoining a landlord from filing a state court eviction lawsuit. However, the courts are split as to whether a federal court may enjoin a state court eviction lawsuit that was filed before the tenant obtained an injunction in a federal Fair Housing Act lawsuit.
• 3Cf. Spallino v. Monarch Sign, 2000-447 (La. App. 3 Cir. 10/11/00), 771 So. 2d 784.