thank you. scott sanchez, planning department. just to confirm, the property is located in an rh-2 zoning district. we have the authorized use as a for family dwelling. a fifth unit would not be allowed under the density requirements in the code. there is no way to legalize the unit of this property. it is already over density for the zone. >> mr. duffy? >> joe duffy, dbi. it started back in 2009. we got a complaint. actually, housing went up on a routine inspection, and noticed there was an illegal units. we sent a notice of violation. there was a subsequent permit obtained.

that building permit never got signed off. there is no history after that time of an electric problem being taken out, which would have been required as well. in 2012, the enforcement action has gone to the point where -- i do not know why it took so long. we got a director's hearing decision on april 5, 2012. the owner appeared at that. it was a 15 day order. there was an order of abatement issued on the property for the illegal units. there is a building permit in place, and electrical permit in place, and a plumbing permits to remove the illegal units. we are anticipating that will happen. obviously, it did not happen in 2009. i spoke to the cheap housing inspector today. she is aware of that. the department will do everything it can to make the unit legal again. president garcia: were there any life safety issues you have

looked at? >> i think most of the units probably have some. i have not been to the property. but the notice of violation said "basement studio apartment, approximately 10 feet by 20 feet. sprinkler head on the ceiling with kitchen stove, bathroom,, and refrigerator." i think it is a studio apartment. it probably has some issues. president garcia: i think the will of this board -- we would want the tenant not to stay if there were life safety issues, and then have something happen. assuming there were none, is it possible for the abatement period to be timed so this individual could stay in that apartment until her school term was up? >> i spoke to the housing inspector today in anticipation

of this question. the abatement process is under way, but it takes a long time for that to be recorded. if that is what you are getting at, there is no one who will say you have to vacate the apartment but a certain date. that is not going to happen. it will be in effect on the property. it will not change the end of the school year, or nothing like that. president garcia: thank you. commissioner fung: what about the other property? >> i have not got any information. i am not sure. president garcia: there might be a certain attorney that is willing to provide you with that. >> i am available. thank you. >> thank you. is there any public comment? seeing none, we will start the bottle. you have six minutes. -- we will start rebuttal. you have six minutes. >> i want to direct you to

exhibit b, a complaint filed by the former tenant of this apartment, for the fifth avenue. he was kicked out in 2009, when they made the permit that they were going to demolish the unit. i will also direct you to exhibit 5. that is a complete data sheet -- a complaint data sheet. it is not my drive by it that makes me think the unit had not been removed. there is a complaint of violation. i just wanted to address that. as for the continuance, i want to talk about that. i contacted plaintiff -- the respondent's council monday. i said in the best interest of my client, i am willing to have a continuance. he emphatically said, "no way.

we are ready. we are going to win." you presented the possibility of a continuance. i say no. i gave him an opportunity. i prepared the procedures. i emailed them and they said no. i do not think i care. that is just my statement. president garcia: you understand the reason continuance was brought up was so as to benefit your client, right? >> then i will agree to it, because i think it would be to our benefit. president garcia: thank you. >> anything further? >> no figure. -- no, thank you. >> commissioners, the matter is submitted. mr. duffy? >> sorry, commissioners. i do see in the exhibit now the other address. it is a little confusing as to

what happened. i will make some inquiries of the department tomorrow. it looks like the case got abated, but maybe the permit did not yet signed off. this was back in 2009. i will look into it tomorrow. that is 1600's -- that is 1697 47th avenue. thank you. commissioner hillis: just a question on timing. when is the least over? -- the lasease over, your client's leas? -- lease? >> the lease was six months. but in san francisco, the lease goes month to month after it ends. he knew she was a college student and it would turn month- to-month until she graduated. commissioner hillis: when is the

year up? >> the year up would have been august. president garcia: i have a question for our city attorney. can you collect rent on illegal uses tax -- went on an illegal use? that was for the city attorney. >> i would have to look into that. i think that is a rent ordinance question. >> i can answer that. under the civil code, it is illegal to collect rent. >> how much rent was your client paying? >> around $900 a month. >> what is the recourse? for collecting rent on an illegal unit. >> we have not filed an action yet. but we will.

>> for recovery of rent paid? >> right. and misrepresentation. all of that. >> thank you. president garcia: i would certainly never recommend that a tenant not pay rent, and go through that issue, and all of that. it seems as though mr. macdonald is an honorable member of the bar. i would trust his representation that he would allow your client, the appellant, to remain in the apartment until the school term is up, not having anything due, and being able to go to graduate school. i would let her aside and let her conscience guide her as to whether to continue to pay rent under those circumstances, but that is not for us to decide. i think we want to uphold this removal of the illegal unit that your client might end up staying

there until the school term is up. actually, i do not know of anything that has been presented to us that would cause us to overturn the permit. commissioner hillis: commissioner, your original notion of continuing this to the end of her school term -- i think i would be supportive of that. president garcia: i trust the representation that the individual would be allowed to stay there. it is the same thing, without having to burden the board of appeals with a continued case. commissioner hillis: given the history of what has happened in this case and the other cases around the corner, i would certainly support a continuance. >> another alternative would be to place a condition on the permit about a date by which

worked would begin, or could noy concern with that would be safety issues. i would not want this board to have the responsibility of saying to someone that they should remain in a legal unit-- in an illegal unit. i am not feeling confident about the safety of this unit. from what i read, there is one exit to this unit, which could be a fire hazard. i do not know. i have not heard anything to the contrary. that would be my concern. it is the safety issues for the appellant. president garcia: may be what we could accomplish, then -- commissioner hillis wanted to continue this. that would give someone from dbi

an opportunity to go out there and check on life safety issues. i am sure mr. duffy would see that it happens in a timely -- si would support a continuation for the reason raised by commissioner hurtado. and i would so move. do you want to go to june? >> the board is currently calendar ring -- calendaring cases for june. president garcia: the appeal could be withdrawn if the client is ready to move. the board will not be generous about allowing her to remain past the graduation date. can you tell us the time when you think it is going to be? either one of you.

i do not mean the day she will graduate. >> mr. president, if i may, with further stipulate a waiver of the rent for the duration of her occupancy. president garcia: thank you. >> she graduates may 19. i am not authorized right now -- i have to evaluate the issues, because that may affect our civil case. i have to think about that. i do not want to be forced to make an agreement that may affect her case later. as far as term moving out, or continuance -- as far as her moving out, or continuance, this is new to me. i am not sure -- president garcia: the hearing would be june 13. >> if you make a decision today, does that mean they will start the process and she has to move

out? president garcia: this on the circumstance, as represented by mr. macdonald, your client will not have to move out until the term of school is ended. "we achieved by continuing -- what we would achieve by continuing the case is that we would see you again in june 13, by which time we would ask that she has moved out. by continuing it, we are giving an opportunity for someone to go by and make sure there are not like the -- not life safety issues, that there is nothing hazardous. if so, we would ask your client to move out immediately. >> that raises the question of eviction. in san francisco, they cannot. they have not allowed a proper eviction about this. vice president hwang: i want to note i do not think we can suggest in any form the appellant move out. i think that is outside our

jurisdiction. i think what we are attempting to do is to ensure that your client when have an opportunity to continue to stay without threat of eviction, pending the continuance. we are trying to move the date to ensure that such action could not be effectuated. with your client decides to move out before or after that date is not within our jurisdiction to state. the issue here really is whether or not the building permits are active, it issued, and if so at what point the can begin work. -- they can begin work. >> i a continuance, solely based on the things you guys expressed. >> is there a motion? >> there is no limitation. vice president hwang: it is just

appearing on the merits, to june 30. >> we are not waiving our right to move out. vice president hwang: that is right. those are not issues before this board. >> thank you. >> president garcia, and that is your motion, to continue to june 13, 2012, to give time to look at life safety issues? president garcia: correct. thank you. >> on that motion to continue this matter to drink 13, the public hearing has been held to allow time to have the safety inspection. commissioner fung: aye. vice president hwang: aye. commissioner hillis: aye. commissioner hurtado: aye. >> this motion is continued to june 13.

>> we will call the next item, number nine. inge dhillon with 21 rosemont place protesting the issuance of a permit to operate building. complaint to thousand seven to convert area to workshop with half that. we will start to work with the appellant or the representative. you have seven minutes. >> this will be different from the last case in that -- >> please state your name. >> jim inge dhillon is a senior who has been living in this unit for the past 19 years.

unlike the last case, there is no determination yet by the dbi that this is an amigo unit. there is a presumption that it is illegal but the inspector has yet to complete her research. this case has been open for four months. ms. dhillon has been searching. the problem is her income is limited, so so security. she is hearty paying more for her -- already paying more for her rent. if the owner is unable to legalize it, or it is too expensive, she needs time to move. she needs time to find

something. it is one thing to put yourself on waitlists, apply for senior housing. as you know, is difficult to get in because there are some people who need the housing. she suggested she could have the kindness to submit some craif -- craigslist things. she has no car and the ideas she is going to move into some unit is not going to work. she does not know anyone there. she needs to stay in san francisco if at all possible.

i would also point out that there is no evidence, even though the attorney says there is hazards, there is no proof of that. i have been to this unit. i think you know that not all of them are the same. we do not know when this was bill. it is in good shape. if we wanted to get the inspectors to do a search of everything, i am sure they would find there is no imminent threat. before she moved in, there were other people living there. the person who preceded ms. dhillon committed suicide. who knows how long he lived there. the point is, this unit has been a trouble-free for many years. there was also a fact misstated

in the brief that it suggests there is two units above the garage. that is incorrect. she lives in the garage of the structure. there is nothing above her. that is a point i wanted to make. as far as the legalization, my understanding is that this would be, this could be legalized as far as the planning code. the question is the cost to do so. i believe the witnesses will testify to that issue. as far as -- it was determined she would have to relocate, how much time was she need? i cannot tell you.

unlike the student, she has some tangible deadline she can focus on. ms. dhillon is going to be dependent on finding a place. she does not wanting to move into a hotel room in the mission. she wants to find a place that is going to be suitable for her. she needs senior housing. my hope is to tinker with a social worker who -- linker up with a social worker who can get her place. my suggestion would be she be given as much time as she needs to relocate and in the interim the city should not penalize the landlord for fines or what have you. that is a serious concern on his part and i understand that. we suggest that be held back. it seems to me there is no harm.

the penalties would not accrue until but nov -- otterun -- until the nov order is issued. if we can maintain the status quo, we would do good for both ms. dhillon and withrington. would you like to say a few words to? -- words? >> my name is inge dhillon. i have been at this place for 19 years. all of a sudden three months ago, some complaint was made to the inspection people. i have no idea what is behind

that. i am hardly noticeable on the block. a much less have anybody have a complaint of any kind. so now i am faced with this threat of eviction. and, housing for the elderly, low-income people is not available. you cannot sit on a waiting list these days. -- get on a waiting list these days. let me crawl into your station and live there. that is where it stands. president garcia: you were done, ms. dhillon? you do not have a finite time

line as to when you might be able to relocate? >> it is not to me. you find me a place and i will go there. there are no places. you can look at these lists of housing, places for people like me, but the waiting lists are closed. there is nothing. it would between two and five years. why, why is this even done when this city knows that hundreds of these so-called illegal units are in town? are you going to triple the homeless population of san francisco by dragging everybody out of there and throwing them on the street? is that that goal? who is going to benefit from that? president garcia: perhaps some light could be shed on that. commissioner hillis: how long have you been in this unit?

>> 19 years. commissioner hillis: how long have the current owners of the property been your landlord? >> about eight years. commissioner hillis: you do not know what precipitated this complaint? >> no, because the inspectors said there was an anonymous complaint. i do not know what person would anonymously complain. you cannot even tell i am living there. i do not know what is behind that. i do not have a beef with anybody on the block. i have been there too long. there has been a lot of new construction. i am a longtime resident there. i say hello to people and that is it. commissioner hillis: the other

units are occupied? >> by the owners. the main house. >> we can hear from the permit holder. >> good evening, my name is jonathan withrington. i share the ownership with my brother nathan. president garcia: you might have to move closer to the microphone. >> i have owned the are the property since 2002. the tenants and i have been aware it was unwarranted for the entire time. at the end of december, i

received a complaint. i have been working hard to find a resolution. i have spoken to the housing inspector, the rent board, permit expediter, several contractors, structural engineers, and an architect to find some way to make the unit the goal. following their it vice, -- legal. following their advice, i have tried to keep them up-to-date with the status. my cousin nathan has been helping them. the fines for the unit have been large and accumulate faster. i had hoped to get the permits in place before the inspection to mitigate the violations and fines. i had one permit out of the three required when the appeal was filed. the inspection went ahead on the 21st of march. i have not had the report yet.

the inspector went on vacation and will not return until the end of the month. at the moment, i have an ego unit complaint, violations to be issued, permits to correct the complaint have been suspended. it has been a stressful and uncertain couple of months. i had to take several days of work to meet was consultants. -- off work to meet with consultants. i do not want to force her out of her apartment. i'm willing to work with her to find a reasonable time frame and financial relocation package to help her with a smooth transition. my primary responsibility is the financial and criminal liabilities and i am faced with and would like to oppose the appeals and correction of the violations.

i have had inspections of the unit done in come to the conclusion the only solution is returning to the original use of a workshop. the safety issues are fireproofing between the buildings, variances are required to bring it up to code and even then the cost would be prohibitive. the legal unit does not have a dedicated entrance. the height of the alleyway is under 5 feet. to bring it up to code for egress, 7.5 feet as required. -- is required. this would impact the foundations of both structures, a sewer pipes and it would be need to read -- be reinforced. this is a major engineering endeavor and the cost is about $200,000. this is beyond my financial means. an alterniv