Judge tosses several counts in AG's suit against landlord Pioneer Investments. What to know

A Superior Court judge dismissed several counts this week in the state's lawsuit against Pioneer Investments LLC and its landlord Anurag Sureka, who has been accused of neglecting properties and leaving tenants to be lead poisoned.

Judge Sarah Taft-Carter read her decision Tuesday. Dismissed were five of the state's counts: public nuisance and violations of numerous state laws and codes. Those include the Lead Hazard Mitigation Act, Residential Landlord and Tenant Act, Property Maintenance Code, Housing Maintenance and Occupancy Code and the Rhode Island Deceptive Trade Practices Act.

Yet numerous counterclaims from Pioneer remain standing. Those include defamation, malicious prosecution, abuse of process, intentional infliction of emotional distress and selective enforcement.

Overall, the decision was a blow to the case of tenant advocates and renters, who have faced documented poor conditions. It was similarly a setback for Attorney General Peter Neronha, who is pursuing Pioneer with the state Department of Health.

"Accordingly, our claims will proceed," said Pioneer attorneys John Caletri and Ken Kando. "It is important for the public to know that when the Attorney General’s Office issued a press release and filed the complaint, Pioneer Investments did not have a single notice of violation pending with the Rhode Island Dept. of Health relative to lead hazards at any of its units."

The attorneys said all of Pioneer's units have been inspected and have necessary lead certificates.

"We’re disappointed in this ruling," said Shana Crandell, a tenant organizer with Reclaim RI, a progressive advocacy group that helped to organize Pioneer's tenants. "The attorney general needs every legal tool possible to crack down on greedy and abusive slumlords like Pioneer. But the evidence presented by tenants against Pioneer is overwhelming and we remain confident that justice will be served."

More: With tenants facing deplorable conditions, AG's office sues Pioneer Investments and its landlord

Pioneer still faces lead poisoning claims

"Very serious claims against Pioneer remain before the court and include allegations of violations of the Lead Poisoning Prevention Act, the Lead Safe Work Practices rule and the state’s Lead Disclosure rule, and we will continue to vigorously prosecute these claims," said Neronha's spokesman, Brian Hodge. "While we are disappointed and disagree with the dismissal of other counts, the attorney general remains committed to pressing for protection of children from the dangers of lead in their homes."

The Providence Journal previously investigated Pioneer for months, finding young twins in 2022 who had been lead poisoned in one of its apartments in Central Falls. The children were experiencing developmental difficulties and will not know until they reach age 7 the extent to which the lead may have done lasting damage. Their parents had also considered whether the children's premature births were due to their housing condition, and whether they may have autism. Blood tests confirmed lead poisoning in both.

More: A Central Falls couple's twins were struggling. Then a blood test showed high lead levels

How did the lawsuit start?

Neronha filed suit in June 2023 after Reclaim and tenants called for action to make their units habitable and safe. The suit was within the broader context of Neronha's effort to crack down on landlords who break the rules and force them into compliance with housing laws.

"The attorney general continues to be extremely concerned about the devastating impacts of childhood lead poisoning, and the continued negligence and non-compliance of landlords whose inaction harms our children," Hodge said. "This office will continue to uphold Rhode Island’s lead safety laws by enforcing compliance and fighting to hold landlords accountable. And we won’t stop until childhood lead poisoning is a thing of the past."

A status conference on the case has been set for July 25.

This article originally appeared on The Providence Journal: Several counts dismissed in AG's suit against Pioneer Investments landlord