PAWTUCKET
– A group of tenants and their landlord have reached an interim settlement following allegations that the landlord and his property management company violated the tenants' rights to organize.
The lawsuit, filed by the American Civil Liberties Union of Rhode Island Inc. and the R.I. Center for Justice in R.I. Superior Court last December, alleged that Elmwood Realty company and its manager Jeffrey Butler illegally issued eviction notices to four low-income tenants after they met with representatives from the advocacy organization Reclaim RI.
Butler also threatened to evict any other tenants who spoke with Reclaim RI representatives, the lawsuit alleged.
Under the terms of the interim settlement, Elmwood and Butler "agreed not to proceed with any eviction proceedings" against the two tenants still named in the suit, according to a statement from the R.I. ACLU and Center for Justice, noting that the other two tenants initially named as plaintiffs have withdrawn from the suit.
Additionally, Elmwood and Butler will not proceed with any eviction measures regarding the other two tenants "until the matter is heard on the merits," and acknowledged that tenants have a right to meet with tenants' unions and similar organizations, including Reclaim RI.
The interim settlement does not provide a decision on a request for damages to go toward the tenants and attorneys' fees, the nonprofits said, and a hearing will take place on Feb. 29 if the issue remains unresolved by that time.
The tenants lived in Elmwood-managed properties in Pawtucket and West Warwick.
Butler did not immediately respond to a request for comment on Tuesday.
The R.I. ACLU and Center for Justice say that Butler's actions "presented [the tenants] with an illegal and impermissible ultimatum by their landlord: either forego exercising a right guaranteed to them by state law, or face eviction," and establishing a chilling effect around the right to organize.
In the lawsuit, the nonprofits cite a voicemail in which an individual identifying himself as Butler told a Reclaim RI representative, "If at any time you talk to any of my tenants, the tenants are gonna get a 30-day notice to vacate the premises.”
The lawsuit also states that 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 tenants were represented by R.I. Center for Justice attorneys Jennifer Wood, Samuel Cramer and John Karwashan; and cooperating attorney Lynette Labinger from the R.I. ACLU.
Jacquelyn Voghel is a PBN staff writer. You may reach her at Voghel@PBN.com.
