Judge dismisses eviction notices for some residents of Echo Village, Amherst

Daily Hampshire Gazette

By Scott Merzbach

 

Wednesday, August 21, 2013

  

AMHERST – Two families at Echo Village Apartments who face eviction have won the right to remain in their homes, at least into the fall.

 

Housing Court Associate Judge Robert Fields recently issued a summary judgment and dismissed eviction notices given by Eagle Crest Property Management to four tenants with federal Section 8 vouchers administered by the Amherst Housing Authority.

 

Jennifer Dieringer, managing attorney for Community Legal Aid, which represents the families, said Fields’ decision was important for those who remain and want to preserve the existing community.

 

“The time that the judge’s decision buys everyone presents a wonderful opportunity for all parties, including the town of Amherst, to work together to save what is left of this tight-knit community and a small but significant portion of the town’s affordable housing,” Dieringer said.

 

Only two of the four tenants involved in the lawsuits, though, still live at the 30 Gatehouse Road site, with the other two families having already found other housing accommodations, Dieringer said.

 

Two of the cases, which were brought by Eagle Crest, are still pending. The families involved in those have Section 8 vouchers held by other agencies, Dieringer said. As of Aug. 1, just nine of the 19 low-income tenants who had made their homes at the apartment building still lived there.

 

TracyLee Boutlier, a spokeswoman for the Echo Village Tenants Association, said the ruling re-energizes the tenants and gives them hope that their fight has been worthwhile.

 

“We’re pleased with the judge’s decision. We think the court reached the right decision,” Boutilier said.

 

Town Manager John Musante said he appreciates what happened in court.

 

“To the extent evictions have at minimum been postponed, we welcome that as a town,” Musante said.

 

Eagle Crest and Echo Gatehouse Partners LLC, both managed by Jamie Cherewatti, issued eviction notices in February and gave tenants until the end of March to depart. With anticipated 20 to 40 percent hike in rents, it was understood those with Section 8 vouchers wouldn’t be able to afford the higher rents.

 

Contract issue

 

But in court, the defendants argued that Eagle Crest had entered into new housing assistance payment contracts with the Amherst Housing Authority so that the property owner would continue to receive the portion of the rent payments from the Section 8 vouchers between March 1 and Nov. 30.

 

As part of this contract, Dieringer said, Cherewatti was prohibited from evicting tenants as a means of raising rents to market rate.

 

Eagle Crest’s attorneys made the case that Cherewatti didn’t intend to enter into new contracts, but only reassign previous ones. The judge, though, determined the new contracts were signed and are binding.

 

Musante said he has had discussions with Cherewatti and has found him cooperative and willing to discuss with the Massachusetts Housing Partnership possibilities for the site, such as whether some of the 24 units can be preserved as affordable family units.

 

Brings reprieve

 

Dieringer said the court decision gives a reprieve to the tenants, though she acknowledged that Cherewatti could start new eviction cases.

 

“We are hopeful that he will not pursue eviction again, and will instead work with the Amherst Housing Authority and the tenants to allow the families to stay in their homes,” Dieringer said.

 

Boutilier said she isn’t sure what will happen, but that the decision came on the 50th anniversary of the March on Washington and the Rev. Martin Luther King Jr.’s “I Have a Dream Speech.”

 

“Our situation and what our community was is a perfect example of what he was envisioning, a truly integrated community,” Boutilier said. ▪