PAWTUCKET – Two nonprofits have filed a lawsuit against Warwick property management company Elmwood Realty, alleging that the business and its manager are illegally attempting to evict four low-income tenants for their association with a tenants' advocacy group.
The lawsuit, filed in R.I. District Court by the American Civil Liberties Union of Rhode Island Inc. and the Rhode Island Center for Justice, says that the tenants, who live in Elmwood-managed complexes in Pawtucket and West Warwick, are facing this retaliation after they met with the advocacy organization Reclaim RI.
Following this meeting, in which tenants and Reclaim RI organizers discussed "common concerns about conditions in their rented homes," some tenants reported housing violations to their community's code enforcement agency.
The ACLU and Center for Justice allege that in response, Elmwood Realty issued termination notices to the tenants and that Elmwood Manager Jeffrey Butler called Reclaim RI to tell organizers that "if at any time you talk to any of my tenants, the tenants are gonna get a 30-day notice to vacate the premises."
Additionally, the lawsuit says Butler told tenants "if you make a choice to engage with this Reclaim RI group, I will consider that you have now dissolved our relationship and when your tenancy is over, we will ask you to vacate."
The ACLU posted audio recordings of the alleged voicemails on its
website, in which an individual identifying himself as Butler accuses Reclaim RI of causing evictions and "making these four tenants homeless."
In a statement, ACLU and Center for Justice attorneys said that Butler's actions have "undermined and, on an ongoing daily basis, continues to undermine the ability of Plaintiffs to organize with other tenants to gain the support and leverage of acting collectively to protect their rights under the law."
They add, "With rents in Rhode Island skyrocketing and the supply of apartments, especially affordable apartments, at an all-time low, Plaintiffs in this case, and other tenants of Elmwood Realty properties, have been presented with an illegal and impermissible ultimatum by their landlord: either forego exercising a right guaranteed to them by state law, or face eviction.
"For these tenants, the threat from Mr. Butler and Elmwood Realty is clear and simple: talk to Reclaim RI and become homeless," the attorneys continued. "This harm is immediate, ongoing and has no adequate remedy at law."
In response to a PBN request for comment, Butler said in an email that he had not been aware of the lawsuit until he began receiving media inquiries and "cannot comment on [the lawsuit] until I see it."
The tenants are being represented by attorneys Jennifer Wood, Samuel Cramer and John Karwashan from the Center for Justice and cooperating attorney Lynette Labinger from the ACLU.
(UPDATE adds emailed statement from Jeffrey Butler in the 10th paragraph.)
Jacquelyn Voghel is a PBN staff writer. You may reach her at Voghel@PBN.com.
