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.