Eviction Timeline Uncertain at 925 Wolcott Ave, As is Tenant's Possible Work/Trade/Board Agreement With Landlord When Served With Eviction

Evictions look different than this house debris at 925 Wolcott. An eviction of a person, group of people or family looks like all of their stuff outside on the sidewalk. Their vacuum cleaner, washer and dryer maybe, boxes of stuffed animals and clothes. Sometimes these items are soggy and wet after days of sitting outside in the rain.

Soggy stuff on the front lawn and sidewalk is what it looked like when a recent Beacon elementary school student’s family was evicted days before the holidays. Their things were outside for the entire community to see.

The day before their eviction, the student’s playmates asked them at the end of the school day: “Can you play tomorrow?” The student answered: “I don’t know. My mom says that we are moving tomorrow if we can’t find a new place today.” The students accepted the answer at face value, while the parents who heard the student’s answer doubted the precise nature of it. Perhaps the student was parroting an exasperated claim by their parents. Wishfull thinking.

The next day, the student’s family’s things were indeed on the sidewalk, looking like this house debris in the picture above, but in the reverse. The house was in tact, but their stuff looked like debris.

Note: To answer a reader’s question: This story is an example of what an eviction can look like. It is not illustrating the burning of this house by a former tenant on the day of his own eviction hearing. The rest of that story is below.

Note: To answer a reader’s question: it is unknown if the owner of the student’s house and the owner of 925 Wolcott Avenue are the same owner. This story is to illustrate an eviction, and what that looks like from an owner’s house perspective that is standing with their tenant’s personal possessions outside, and an owner’s house that has been destroyed by the tenant that the owner is seeking eviction on.

The Intended Eviction of Brian P. Atkinson

The picture above is a reverse eviction. The tenant of 925 Wolcott Avenue, Brian P. Atkinson, was arrested for arson after setting the house he lived at on fire the day he was due in court for an eviction hearing. This fire endangered many people, required multiple fire departments to control, destroyed one property, and damaged two other properties.

Several locals familiar with the situation said that he turned himself in, which was later confirmed by the City of Beacon Police in an article. The building’s owner, Yeshia Berger, who also owns the multi-unit house across the street at 916 Wolcott Avenue, told A Little Beacon Blog that Brian was caught on camera, removing the camera shortly before the house caught fire. The fire was so hot it almost melted a firetruck and did damage two neighboring houses. A gasoline-sniffing dog was used to investigate the debris. The flames were so so high, they could be seen across the Hudson River in Newburgh.

Brian, it was later learned after the first media reports came out about the fire, was due in Beacon City Court that Tuesday for his eviction hearing. The newspaper, The Highlands Current, had called the Beacon City Courts to acquire information and learned of his court date. When the building owner spoke with A Little Beacon Blog, he stated that the person who set the house on fire was a prior tenant was not living there anymore.

People familiar with Brian’s living habits, including neighbors who could see the property, confirmed that Brian had been on the property during the day and night right up until the fire, collecting trash and maintaining the property. A light would be on at night, indicating he was living inside. Locals say he was a skilled carpenter, and had been “hired” recently by the building owner.

Locals and the Police Report say that the house was under construction, and had been stripped to the studs inside. However, the Police Report says that the house was unoccupied. According to neighbors and locals, Brian was known to be living there. And in fact, may have experienced the power shut off on that Monday.

Midhudson News reported that renovations had begun on the house, but were stopped by the City of Beacon. A Little Beacon Blog has filed a FOIL to gain access to the permit for construction, and the City of Beacon’s stop-work notice, if either exist.

Neighbors have confirmed that construction work had begun on the house to fix the front porch. The City of Beacon’s Building Department nor City Administrator have not responded to questions on this matter. Perhaps they will divulge during a public City Council Meeting.

According to information obtained by The Highlands Current, Brian had been served with an eviction hearing on December 21, 2022, citing unpaid rent. His hearing was set for Tuesday, January 3, 2023. Some locals indicated that he was in agreement with the building owner to provide services for the house in trade for living there. It is not clear then, how soon after he completed his last task, that an eviction notice was given to him.

The Torching of 925 Wolcott Avenue As Metaphor For Housing Crisis

While torching anything is wrong and not justified, the igniting of 925 Wolcott Avenue has come to represent a literal expressing of “burn it all down” when people reach the end of what they see as a broken system.

This fire has lit up the Beacon community to use this situation as illustrative of the housing crisis Beacon is experiencing - and has been experiencing since its settlement, as different people move in over the decades. But now, is hitting different classes and races, so different voices are speaking out.

Questions that arise include:

  • Why are people’s names not included on property companies, making it hard to find the people who own a building?

  • Does the City of Beacon regularly inspect the interior of rental units to make sure they are safe and humane? Movement is being made on short term rentals for Airbnb, but what about long term rentals? The long-term rental market is a quieter market who usually fears the landlord and does not make complaints. Unlike Airbnb, where there is a public platform for renters to write reviews about their rental units, and owners can write reviews about renters.

  • The City of Beacon may have stopped work on outside construction because it did not conform to laws, but were the people living inside OK this day, and years prior?

  • How far do people want local and state government to go, because there is already overreach? How is this all to work? With so many already existing laws that leave some people invisible?

Eviction Hearing and Tenants Rights

After much protest and arguments by residents of the City of Beacon in 2021, the City did enter into an agreement with Legal Services of the Hudson Valley to assist people facing eviction. Most people might not know about it, if they missed a single news report about it.

The information for how to use the tool designed for tenets rights is buried in the City’s website in a blog post dated March 2022 (as opposed to being front and center on the City’s home page, since losing one’s home is such a traumatic event).

You can find those legal assistance services here, which includes a direct phone line for Beacon residents. People are encouraged to call, even if they fear their landlord and assume they don’t have much time to find a new place.

It is unknown if any of the tenants of 925 Wolcott Avenue who were told to leave their boarding rooms by the landlord prior to the fire pursued legal help. The benefits of Legal Services of the Hudson Valley include attempting to connect someone with rent arrears assistance. However, some tenant/landlord agreements or leases are verbal or do not meet the standards of what a rent arrears assistance program requires, so some people do not even try to get this help.

If a new building owner wants everyone out, there are ways to do this, including:

  • Paying people to help them move.

  • Giving them time to move once notice is given.

  • Helping them find a new location.

Buying property is tricky. Once new financing is in place, often rent has to go up to sustain it, and repairs need to be done to the property. Math. Additionally, tact.

Arrested Arson Suspect of 925 Wolcott Avenue Fire Was Scheduled For Eviction Hearing Day Of Fire

The house at 925 Wolcott Avenue once known as “The Gate House,” and known for being a boarding house, has been demolished after being allegedly set on fire by previous tenant.

As first reported by the Highlands Current, 56 year old Brian P. Atkinson, who has been arrested for arson for the fire of the boarding home at 925 Wolcott Avenue on Tuesday, January 3, 2023, was due in Beacon City Court that same day for an eviction hearing, as stated in court records obtained by the Highlands Current. The fire destroyed the house and caused heat damage to two neighboring houses. 925 Wolcott has since been demolished, one day after the fire.

The newspaper reported: “According to court records, Atkinson was scheduled to be in City Court on Tuesday for eviction proceedings which had been filed against him for non-payment of rent on Dec. 21 by the building’s landlord.” It is not clear yet for how long the non-payment of rent is being disputed.

As told to A Little Beacon Blog by the building’s current owner, who stated that he purchased the building 6 months ago, there was no one living in the building at the time of the fire, including Brian.

According to the Beacon Police in a press release, the building was “unoccupied as it was currently under construction.” The Beacon Police also said Brian was “undomiciled.”

According to reporting by Mid Hudson News, construction on the house had been stopped by the City of Beacon. ALBB awaits comment from the City of Beacon’s Building Inspector Bruce Flower or City Administrator Chris White on that reporting.

Beacon Police Department Confirms Arson In 925 Wolcott Ave. Fire After Dutchess County Investigation Division Investigates

After sunset on the day that 925 Wolcott was allegedly set fire before sunrise, the Beacon Police Department released arrest details of the suspect in a press release issued by Detective Sergeant Jason Johnson #315 at approximately 5pm on January 3, 2023. The press release reads as follows:

On 1/3/2023 at approximately 06:25am, the City of Beacon Police along with City of Beacon Fire Department responded to 925 Wolcott Avenue for a fully engulfed fire. The building was determined to be unoccupied as it was currently under construction. Two nearby residences sustained exterior heat damage. The Dutchess County Fire Investigation Division was contacted and also responded. An investigation revealed that the fire was in fact arson and previous tenant Brian P. Atkinson was subsequently arrested. Atkinson is 56 years old and currently undomciciled. He was charged with the following:

  • Arson 3rd (1 count) Class C Felony

  • Reckless Endangerment 1st (2 counts) Class D Felony

  • Criminal Mischief 2nd (2 counts) Class D Felony

The defendant was processed and he is currently awaiting to be arraigned in Beacon City Court.

The press release did not mention if the suspect had turned himself in, as stated by other reports and the building owner. The Beacon Police Department did not respond to ALBB’s request for that confirmation as of this publishing.

“Undomiciled,” according to Urban Dictionary, means: “Housing challenged. The politically correct way of saying one is homeless. props to dforce for this one.”

Additionally, Beacon’s Building Department or City Administrator did not respond to ALBB’s request for confirmation if the construction had indeed stopped prior to the fire per the City of Beacon’s issuance, as reported in the Mid Hudson News. If ALBB learns more from the building owner, this article will be updated.

ALBB previously reported on this story here.

Raging Fire Destroys Multi-Unit House Under Renovation In Alleged Arson (925 Wolcott Avenue)

Photos Posted by the Beacon Fire department. See all of them here.

At 6:35am, flames and smoke at 925 Wolcott Avenue could be seen above roofs of neighboring houses.

On the morning of Tuesday, January 3, 2023, between 6am and 6:30am according to neighboring residents who called 911, the house at 925 Wolcott Avenue known to longtime Beaconites as “The Guest House” because it was a group home, was engulfed in a raging fire, which destroyed all 3 floors. According to Zillow, the house had 9 bedrooms and 9 bathrooms.

According to those at the scene, there was no one living inside of the house at the time of the fire. The house had been purchased 6 months ago, according to the new owner, and was under renovation.

First responders could not yet confirm that there were no injuries, but they indicated that no one had been inside to need assistance. By 9:30am, once the fire was contained and smoke remained, fire fighters began searching the rubble to make sure no one was inside, as they searched for “hot spots” to continue to put out. Also at that time, Beacon’s City Administrator Chris White could be seen exiting the scene.

Flames at 925 Wolcott Avenue in Beacon could be seen high above trees and houses from Newburgh in the early morning before sunrise.
Photo Credit: Mid Hudson News, Anastasis Amanatides

At 6:35am, flames and smoke could be seen above roofs of neighboring houses. According to one resident who called 911 at approximately 6:35am, other people had also called in to report the fire. According to that resident, no sirens were immediately heard approaching, even though they may have arrived at the building already.

UPDATE 1/6/2023: Other readers did recall hearing sirens. It was a multi-agency event, so several first responders from different communities were there.

The fire was so hot at 925 Wolcott Avenue, it peeled the vinyl off the neighboring house.

In Beacon, during slow periods on the road, or in quiet hours, emergency response units have been known to flash their lights but not their sirens, perhaps out of noise consideration.

According to first responders at the scene, they arrived at 6:30am to fight the fire. Several fire departments assisted as mutual aid, including Rombout, Fishkill, Glenham, and others. Those at the scene said the blaze was so hot, that it almost melted a fire truck.

UPDATE 1/6/2023: Other readers did recall hearing sirens. It was a multi-agency event, so several first responders from different communities were there.

UPDATE 1/6/2023: As reported by the Highlands Current, first responders included: firefighters from the Village of Fishkill, Castle Point and Glenham. Both of Beacon’s ambulance services, Ambulnz and Beacon Volunteer Ambulance, assisted. the Dutchess County Sheriff’s Office and MTA police also assisted. Rombout and Chelsea firefighters provided standby coverage in the city. The fire is being investigated by the Beacon Police, the Dutchess Sheriff’s Office and the Dutchess Fire Investigation Division.

The fire’s heat did peel vinyl siding off the neighboring house, and those residents were vacated from their home while the fire was put out near their home with water. Central Hudson poles on the sidewalk near the house were also burned.

Central Hudson was also on the scene to find the gas line under the ground to shut it off to prevent any gas leak. They began digging using a private contractor trained in such excavation.

Beacon City School District Administrative building is nearby, as is Sargent Elementary School. Containment of the blaze was ongoing during the morning arrival of students via bus, car and those who walk. Sargent Elementary PTO issued an update via Instagram to those transporting to expect delays, and that the drop off circle was not in use, but that the school was not physically impacted by the fire.

According to Mid Hudson News, the 3rd floor of the house collapsed. Experts on the scene predicted the entire building would need to be demolished.

Alleged Cause Of The Fire

According to those at the scene, arson was suspected by fire fighters, who called in the Dutchess County Fire Investigation Division, who reportedly prefers to not use the word “arson” in their title anymore. Their truck is labeled Dutchess County Emergency Response Field Support Unit. A black dog trained to sniff for gasoline was seen exploring the scene.

Inside, the house had been stripped to the studs. According the building’s owner who spoke to A Little Beacon Blog, the suspect had turned himself in for setting the fire. According to the owner, the suspect could be seen removing a security camera before allegedly pouring gasoline throughout the house. The owner said the suspect had been a tenant in the boarding house prior, but did not live there now. ALBB reached out to Beacon Police Chief Sands Frost and City Administrator Chris White for confirmation and/or comment, and has not yet received a response.

UPDATE 1/6/2023: The Highlands Current reported in the print version of their article published after the online version was published: “Police said he walked to the department and turned himself in immediately after starting the fire. He is in custody at the Dutchess County jail in Poughkeepsie and is scheduled for a preliminary hearing at 10 a.m. in Beacon today (Jan. 6).”

According to Beacon City Court when ALBB followed up, that preliminary hearing got adjourned and postponed to the following week, the date still to be released.

UPDATE 1/3/2023 5pm: The Beacon Police Department issued a Press Release confirming arson. Read it here.

According to reporting by Mid-Hudson News: “The property had recently been sold and construction was being performed at the property until the project was shut down by city officials.” A Little Beacon Blog has reached out to Beacon’s Building Department Inspector Bruce Flower and the City Administrator Chris White for comment and has not yet received a response.

As the building’s owner looked at the wreckage, he reflected to ALBB that it was a landmark. When asked if he had plans to designate it historic, he answered that he did not. As for any historic designation, ALBB reached out to Beacon’s City Planner John Clark, who said: “So sorry to hear about the fire. This building, although old enough, is not included in the City's Historic District and Landmark Overlay Zone and, as far as I know, not on the National Register of Historic Places. It was also not on a list of residential buildings considered last year for the HDLO, which concentrated on properties closer to Main Street.”

Longtime residents of Beacon remember 925 Wolcott Avenue as a boarding house for men. Old pictures show the condition of the inside of the house, including notes residents wrote to each other, as well as architectural details.

NOTES FROM THE KITCHEN

Tenants of the house had left each other common area notes, according to old photos on Zillow. These say: “Please THINK! ALL of us here must share common “stuff” such as toilets, showers, sinks, one stove. Be kind and clean up any messes you make” The note was signed with a smiley face.

Another note says, in all caps, indicating importance: “Unused stove burners not be considered.The back left burner is used less often. It needs to be covered up when you cook. This reduces fat and grease buildup.”

The third note instructs in green marker: “Please don’t touch any of the heaters.”

It is not known when the last time the building was inspected while people lived inside of it, before it was purchased and gutted.

Tips can be sent to the Beacon Police Department and to A Little Beacon Blog.