Elmwood Tenant Union members file in District Court

"We're going to stick together and we're going to keep this going because nobody should have to live in the conditions that we've been living in."

Elmwood Tenant Union members Melissa Potter, Stephanie Severino, and Kellee Silva

Three members of the Elmwood Tenant Union filed temporary restraining orders (TROs) against their landlord Jeffry Butler in District Court in Warwick’s Noel Judicial Complex today. Associate District Court Judge William Terzvant set a hearing date for April 16, where both sides are expected to present evidence.

Last Friday, tenants announced the formation of the Elmwood Tenant Union and showed reporters ample evidence of poor and dangerous living conditions, including a large flooded trench directly outside some tenants’ front doors. The union was organized with the help of Reclaim RI.

See: The Elmwood Tenant Union is demanding safe and affordable housing

Tenants Melissa Potter, Stephanie Severino, and Kellee Silva filed the TROs pro se, without a lawyer. Landlord Jeffrey Butler was represented in court by Attorney Stephen Litwin. Tenants brought the complaint against Butler and his company, Elmwood Realty LLC, but Attorney Litwin said in court that Butler operates his company under a different name. That said, the three tenants all have leases with Jeff Butler and Elmwood Realty.

Kellee Silva, who shares an apartment there with her boyfriend, wrote in her complaint, “I moved in January 1st and we have had heat maybe seven days total. My heat was below 50 degrees for four days straight... Heat is included in the rent. [I am] having to run space heaters.

“I have a mouse infestation with many holes in my walls [and] floors. They hide and stay in my stove. There is mouse poop everywhere... There's a hole in my bathroom down to the basement. I can see into my bathroom from the basement.

“Elmwood Realty broke into my apartment while I was at work with a 20-minute notice, but I was at work so I didn't see the email. I called the cops and put it on file.”

Stephanie Severino's complaint started with “Unsafe conditions” and continues, “Dirt, debris, and rubble on [the] construction site. Taped cardboard to fix broken glass. Rodent infestation. Cracked paint in the bathtub. Mold in bathrooms. Non-working heat. Sounds in the walls at night since [I] moved in May 22, 2022. Moved in with broken door windows, and [broken] window. Notified the landlord without any response. Still broken to date.”

Melissa Potter wrote “I have repeatedly been without heat throughout the winter months for the two years I've lived on the property. Broken wall in the bedroom [since] 2022 and mold from a flood in Feb 2023 in the bedroom. [Requests] go unanswered or the work isn't adequate. Heat is included in the rent.”

I spoke with the tenants shortly after their court appearance. You can watch the video here, or read the transcript edited for clarity:

Steve Ahlquist: So tell me what happened today.

Melissa Potter: I'm a tenant at 1890 Broad Street. As you most people know we went public with our union last week. We're in the courthouse because, for the last three days, we have not had heat in our units and our landlord is refusing to fix the heat saying that we have it. Without space heaters, we haven't gone past 60 degrees in three days. We came today to file - to force him to negotiate and get the things that we need fixed in our place.

Steve Ahlquist: It wasn't just heat you were talking about - you were talking about electrical problems as well.

Stephanie Severino: I've been having many problems with the heat and the electricity. My windows and my door have been cracked and broken. The apartment is exposed to the outdoor elements and has been like this since I moved in. There's also a rodent infestation that hasn't been resolved. There are many, many issues, so that's why we are here today.

Steve Ahlquist: And you've talked about mice and holes in the wall.

Kellee Silva: There are holes in the wall in my kitchen and throughout my apartment, honestly. Mice are coming in, sleeping and hibernating, practically inside of my stove. There's mouse poop everywhere. There's a hole in my bathroom that goes directly into the basement so if you're in the basement and you look up through the hole and see right into my bathroom.

Steve Ahlquist: How did you feel things went in court today with the judge?

Melissa Potter: The judge did his job, but I would've liked to have been able to speak more regarding our issues, I didn't want to speak over the attorney for the defendant because he was doing enough talk for everybody. The truth will come out. The truth will be exposed. That's why we're here.

Kellee Silva: We have pictures, proof of everything that we brought to court today so that the truth will come out.

Steve Ahlquist: You did this pro se, meaning you didn't have an attorney and the landlord brought in his attorney. Does it feel overwhelming to be up against that kind of legal muscle?

Melissa Potter: It's overwhelming and intimidating. Standing up there in front of the judge you feel like you're the one on trial for something. We shouldn't feel like that because we're not the ones that caused this issue.

Steve Ahlquist: You have a statement to read?

Kellee Silva: The 1890 Broad Street tenant Union requests that Jeff Butler, Elmwood Realty, LLC, come to the negotiating table in good faith over lease terms, conditions, and rent, and immediately fix the heat and the rat infestation within 24 hours. The union will withdraw the restraining order if these requests are met and negotiations begin. The union would prefer to negotiate directly with our landlord and we hope to hear from Jeff Butler soon.

Steve Ahlquist: Is there anything else you want to say?

Melissa Potter: We are proud of each other. We're going to stick together and we're going to keep this going because nobody should have to live in the conditions that we've been living in.

Kellee Silva: We appreciate all of the support on social media with everybody sharing it and talking about it. And we're on the Google front page. I'm so proud of everybody.

Melissa Potter: Thank you! Follow the Elmwood Tenant Union on all social media forms.

Kellee Silva: Elmwood Tenant Union RI on all social media except for Facebook, it's Elmwood Tenant Union.

Steve Ahlquist: Sounds good. Thank you so much.