County’s legal initiative aids tenants facing eviction

By MARTIN WILBUR

Westchester County officially has launched its Office of Housing Counsel that promises to provide residents with legal representation in eviction proceedings and assistance with other tenant issues if they meet income guidelines.

Surrounded by various fellow officials and housing advocates, County Executive Ken Jenkins made the July 24 announcement hoping the effort will address housing insecurity in Westchester. It was billed as the first office of its kind administered at the county level in the U.S.

“This is important because the vast majority of tenants in the eviction proceedings in the Westchester area today are unrepresented,” Jenkins said. “Those unrepresented tenants are evicted at far higher rates than those who are represented in court.”

About 90% of county residents who face eviction proceedings without an attorney lose their cases, said Tom Gabriel, president and CEO of the United Way of Westchester and Putnam. The public can contact the Office of Housing Counsel through its 211 Helpline. 

“This is really going to be a game-changer for families who are struggling with housing insecurity, food insecurity and so much more,” Gabriel said. “This is not a poor person’s issue; this is a working family issue in this county.”

The office will also help tenants who are having difficulty paying rent, are in a dispute with a landlord or are being deprived of essential services such as heat and hot water by putting residents in contact with organizations that can potentially resolve their issue, Jenkins said.

In May 2023, the Board of Legislators unanimously approved creation of the office, which offers representation to a household whose annual income is up to 300% of the federal poverty line or 60% of the county’s Area Median Income, whichever is higher. It’s being funded through the $50 million set aside the past few years in the county’s budget to promote the development of affordable housing throughout Westchester.

A family of three would be eligible to receive free representation with a gross household income of $91,800 in 2025, said George Asante, director of the Office of Housing Counsel. He said the office will help make the process fairer since nearly all landlords are represented by attorneys in court proceedings.

While legal representation is mandated by law for defendants in criminal cases, there is no requirement under the law for civil matters.

“Our approach to eviction prevention is holistic,” Asante said. “We know that prevention before things reach the point of eviction proceedings is crucial to housing stability, so we also have a team of providers we have contracted with, who can provide advocacy services and help connect people with tenants with aid programs before eviction proceedings.”

Attorneys from the Legal Services of the Hudson Valley, Human Development Services of Westchester, Hudson Valley Justice Center and the law office of Tracy Forrest have been retained by the Office of Housing Counsel to help Westchester residents who have met the income qualifications, Asante said.

Advocacy, counseling and financial assistance services will be provided by the Community Housing Innovations, Community Resource Center, CLUSTER Community Services, Westchester Residential Opportunities, Mount Vernon United Tenants, and Human Development Services of Westchester, he added.

Despite the passage of new tenant protection laws in recent years by the state legislature and some local governments, including White Plains, there is still a significant advantage for landlords in disputes with tenants, said Jason Mays, executive director of the Hudson Valley Justice Center. The action by the county seeks to level the field.

“Because people facing eviction are surely some of the least likely to hire an attorney, we can immediately see that few of these new tenant laws will actually protect tenants at that crucial moment when they’re in court,” Mays said.

Legislator Nancy Barr, (District 6), one of the lawmakers who sought to create the office in the aftermath of the pandemic, called its launch “very consequential.”

“It is something that we know is a problem in Westchester and all over,” Barr said. “Housing is a problem for so many people, and the fact that there are people who are super vulnerable, and that fact that there are people who do not have representation is just antithetical to what we believe in.”

Anyone with questions can reach out to the United Way’s 211 Helpline or can reach out online by completing the intake form at http://housingcounsel.westchestergov.com. 

Martin Wilbur has more than 30 years’ experience covering local news in Westchester and Putnam counties, and previously served as editor-in-chief of The Examiner. He lives in Montrose.