A private plaintiff may bring a lawsuit under the FHA in any appropriate U.S. district court or state court of general jurisdiction. A federal court may hear related state law claims under supplemental jurisdiction.1

• 128 U.S.C. § 1367(a).

Private civil actions must be filed no later than 2 years after the occurrence or termination of the discriminatory practice.1  HUD administrative complaints may interrupt or toll the statute of limitations. Claims under 42 U.S.C. §§ 1981 have a 4-year statute of limitations.2  Claims under 42 U.S.C. § 1982 have a 1-year statute of limitations.3  Claims under the Louisiana Open Housing Act are subject to a 2-year statute of limitations.4

• 142 U.S.C. § 3613(a)(1)(A).
• 2Jones v. R.R. Donnelly & Sons, 541 U.S. 369 (2004); see 28 U.S.C. § 1658.
• 3See Goodman v. Lukens Steel Co., 482 U.S. 656, 660–62 (1987); Bradley v. Carydale Enters., 707 F. Supp. 217, 220 (E.D. Va. 1989).
• 4La. R.S. 51:2613. Many subsidized housing leases will have a contract provision whereby the landlord agrees not to unlawfully discriminate. Contract claims are subject to a 10-year prescriptive period in Louisiana. However, the courts will probably apply the shorter statute of limitations for FHA violations (1, 2, or 4 years as applicable), torts (1 year), and crimes of violence (2 years). See, e.g., Sterling v. Urban Prop. Co., 562 So. 2d 1120 (La. App. 4 Cir. 1990).

Standing to sue depends on the substantive law involved. Plaintiffs under the FHA have standing if they are injured in any way by the FHA violation and may even assert third-party rights. Plaintiffs have been granted standing under the FHA for being deprived of the social and professional benefits of living in an integrated society.1

• 1Gladstone Realtors v. Village of Bellwood, 441 U.S. 91, 109 (1979).

FHA plaintiffs are entitled to jury trials in federal lawsuits for damages.1  Jury trials are also available for 42 U.S.C. §§ 1981–1982 actions.2

• 1Curtis v. Loether, 415 U.S. 189, 192 (1974).
• 2Thronson v. Meisels, 800 F.2d 136 (7th Cir. 1986).

Because discriminatory housing practices constitute irreparable injury,1  preliminary injunctions are available under the FHA. Preliminary injunctions may be consolidated with the trial on the merits.2  Evidence received at the preliminary injunction becomes part of record and need not be repeated at trial. You should, however, take steps to preserve your jury trial.

If a state court eviction action is currently pending, injunctive relief may be barred by the Anti-Injunction Act.3

• 1Gresham v. Windrush Partners, Inc., 730 F.2d 1417, 1423–24 (11th Cir. 1984).
• 2Fed. R. Civ. P. 65.
• 3For further discussion of the Anti-Injunction Act in the context of eviction defense, see Section 8.2.2.

Res judicata and collateral estoppel issues may arise when the landlord has obtained an eviction judgment. In Miller v. Hartwood Apartments, the court held that a Mississippi eviction court judgment did not bar the federal court litigation of a § 1983 claim because the tenants’ constitutional claims could not have been litigated in the eviction lawsuit.1  While Louisiana tenants’ damage claims (under civil rights law or otherwise) cannot be litigated in summary eviction proceedings, discrimination can be asserted as an eviction defense in Louisiana.2  However, if an eviction is brought as an ordinary action, failure to raise a damages claim in a reconventional demand may act as res judicata.3

To avoid issue preclusion problems, you should file a housing discrimination lawsuit before the landlord files an eviction lawsuit and obtain a state court lis pendens or federal court injunction against any eviction.4

The Rooker-Feldman doctrine may also bar an FHA suit.5

• 1689 F.2d 1239 (5th Cir. 1982). Where a state court procedure permits counterclaims for equitable or monetary relief in an eviction, the eviction judgment may constitute res judicata. See, e.g., Poindexter v. Allegheny Cnty. Hous. Auth., 329 F. App’x 347 (3d Cir. 2009).
• 2Mascaro v. Hudson, 496 So. 2d 428 (La. App. 4 Cir. 1986); Renewal Homes v. Laneheart, 2017-0199 (La. App. 4 Cir. 10/18/17), 316 So. 3d 936.
• 3Lafreniere Park Found. v. Broussard, 221 F.3d 804 (5th Cir. 2000).
• 4If the eviction court overrules the exception of lis pendens, a supervisory writ is available. See Dean v. Delacroix Corp., 2003-1352 (La. App. 4 Cir. 08/27/03), 853 So. 2d 769. However, because of the typical speed of summary eviction proceedings in which the court may overrule the exception and then immediately (i.e., at the same hearing) proceed to a trial on the merits. You should ask the court to stay the merits trial for a brief period to allow you to apply for a supervisory writ, but should also be prepared to go forward with the merits trial if the court refuses.
• 5For more detailed discussion of the Rooker-Feldman doctrine in housing cases, see Section 8.2.3.