electrical permitting in that building it was done more than 10 years ago so our electrical group spiksz inspection wants to look at the code and the best safety practices are being done we can tell a reporter our side of the story but they don't have to report that message and they choose not to. i'd be happy to put together a letter we could send to the politicians and put that on the record to say we're taking the steps and why our concern about the building safety >> just to kind of hitch on that that the damage that's done. for me the big thing i i was on

vacation and i picked up the chronicle pr there's two things that resonate with me. you can go into the department and get your information and choose to do with that information as you choose. now my understanding is this particular owner knew what the a b 005 option was given. so my understanding is he knew that for example, the air and a light issue was a fixable situation because as commissioner you walker said this was legislation drawn up to address that issue but the whole article was because we couldn't get air and a light into the building they had to evict everyone and that bothsz me.

we're working hard we're not in the business to evicting folks. and this is really a huge case for us. where we did the right thing many, many years ago. one of the deputies said they might have had meetings last year and the owner was given the same information. so i'm a little bit concerned about how this played out and the train has left the station. a lot of the tenants have decided to leave. i'm afraid we're in a situation where the owner is saying well, this is the eviction notices are out. i kind of want to go public and i know we visited smoking gun someone from the rent board >> i had no response. >> yeah, but there are people

from the building so we'll hear from them and randy was the - there was only one piece of paper that addressed the issue. the real big thing is we've got to get our side of the story out there. because as a stand i identification talking to a few people and you're starting to evict artists it's so frustrating to hear that. this is a very big and important situation we've got to correct this and do what we. so as a commissioner we're all on board to do whatever it takes to work you with you. and the directors and deputy directors have laid out the case

and as somebody from contradiction we're not talking about a lot of things to get this up to code. commissioner walker and i would like to ask tommy do you, you know, you know - could you give us a status on how many tenants have left. i'm curious to know >> the tenants are walking in right now we have a wonderful group of tenants. sorry we were all late but we had a misunderstanding. a few of the tenants have left by not a whole lot of tenants have left. i was contacted by the tenant and we immediately went in and started to organize the tenants and said they had the right to

fight and they started knocking on doors and encouraging each other to stay and a fight. we have a meeting and we you filled in their rights and as much as & we knew about dbi although that kept changing. i got all the information i could. i want to add here 1067 is in the same situation as 1049. there's a code violation against 1067 for illegal use of residential space but my fear is we could be looking something although i hope the landlord has learned >> who initiated the practice.

>> i understand there was a call. the complaints start in 07. the owner evicted a tenant and then the tenant didn't pay the rent and then claimed to their department and started the process >> okay. thank you. what we'll do is go to public comment >> thank you perfect. >> first speaker mr. shaw. >> thank you randy shaw. i think this is the first time i've spoken to this commission in 8 years. i missed the vote for tom as the director but you've proven from the last week's events i commend the commission for the wise decision because we've already seen in the last two weeks is the collaborative leadership

style so if we had a few directors.org ago a defy who knew everything but tom is working with the directors. to get to the essence of where this is going - and i appreciate president menacing the article implicit laid out the realty and the truth. i'll say why we look at the chronicle it was a saturday and a 3 day weekend much of the public didn't read the article so the public knows your dinner table in exchange the public may not have been as aware of this. where it's going to come down to the evictions are going to come down to permit. and if we stop is it at the

board of appeals it will not psyched. tommy mentioned about the other buildings you know when the tenants were saying - yesterday he says yeah, i'm i'm going to go ahead and keep going. maybe supervisor kim and i didn't you think this by them but there may be a need for more to your memory for any change on market street so if something is passed we can keep everything in more thank you. and that may keep everything the same. the mayor might consider if we're going to have this elaborate process by an owner who is not honest i'm disappointed he wants to do the right thing and now, clearly the

wrong thing he's notes trustworthy and not cooperate and collaborative. i'm wondering director huey can't there be a more thank you. it just freeze things so we can figure out this thing to preserve those housing units in commercial buildings. so i want to throw that out for supervisor kim and others to consider >> thank you. >> sorry randy only one question. the other aspect of this if you - if everybody was to keep their unit and the improvements were done what would happen to the rent >> you raise a good question if the owner went out and a got a new tendency the building would

have to be exempted so do a tear change of the occupancy or the preferred is not to issue an occupancy and let it go. and then we avoid the problem. and, of course, as units become vacant if the owner is really getting the right advise i do believe there's more profits made in residential sites than commercial. there's a lot of competition taylor has a inhabitant hub 3 people in a space. it's a behalf building there's no way that 10349 taylor is going to compete and we'll not

issue a new joint tenant occupancy every can anybody answer the question if we were to consider a moratorium >> a moratorium may not be the vehicle because primarily the use is commercial. >> so i think a better approach would be to attach the moratorium to any displacement because of up grads or something. you have to be careful because the legal use it commercial ice. there's some legal residents in the buildings so he has to get a permit to withdraw the use. so a moratorium would prevent any housing use on that one stretch of market street.

once you try to, you know, because it's a permit to change the land use issue it's something again, i didn't realize until today about the owner and their plans. did i realize no matter how government and helpful to be successful he wants to be a win lose or a lose-lose >> okay. thank you mr. shay. >> thank you. next speaker, please. >> hello, i'm a resident on market street for 9 years now. i'm an after the i work at ribbon grocery. we had a meeting last night the tenants showed up and this was rep buildings we're meeting

again next week and we're very active because this issue is very, very important to us. many of us want to stay in our residents. we want to stay there at the current rate. so we do want to thank dbi very much. i can speak for myself for helping us with the light rail situation that was a roadblock. i do have a question although because depending upon how many improvements that the building owner is made to require to make if there's a certain dollar amount it all of a sudden becomes involved i'm not understanding what the dollar amount it i'm concerned about the situation can anyone answer that question.

again we want to thank dbi for the work they've done so far with the break through. we've had a lot of media coverage we're state law still talking about to the san francisco weekly. we need your help >> if you could do me a favor when you take to the press tell them dbi is doing everything we can. >> sure. >> it's fall on deaf ears. >> thank you. and a >> thank you. next speaker, please. >> you can lineup. >> first of all, at the for coming here today, we want to know what we can do to keep our homes. i'm sorry. i'm tony i'm 40

years old i've live there for 16 years. the big question is the people who don't have windows what do those improvements look like and if the owner is not being honest is displaying the tenant a good idea. i think that's what we want to know >> yeah. tom huey director of dbi. we suggest a part for the owner to avoid to put the lighted courts in the middle of the building by following the suggestion of the ordinance. they have a architecture, you know, not change too much in the whole lay out. with the mechanical renovates and the artificial light

>> i don't know we have that information. we're at the place where the department is looking and trying to talk with the owner about what the owner wants to do, you know, or is willing to do at this point. so some of the specifics need to be revolved with more detailed plans. and i think that our department is going to go tomorrow or tomorrow with all the inspectors to get the details are i know director huey has told me the electrical inspector >> yeah, the electrical plumbing and fire and a building and also our checker will be on the site some of the tenants can

open the door. right now the owner yesterday after the meeting we already say tomorrow the inspection he wanted to wait but i say, no, we i want to be tomorrow the inspection as soon as possible and they said they cannot get into the space >> tomorrow it sound like they're going to be there and tommy can work with the inspectors. >> they're willing to do anything to keep their places and we want to work with dbi to make sure that happens, you know. we don't want any of the tenants here displaced, you know. so a good position to take would be, you know, such as you can be

cooperative to let the inspectors be there to do the inspections like the light issues. the window issues have been addressed there is an answer to that >> okay. thank you >> good morning. i'm manuel rodriguez i'm a tenant for 3 and a half years. following up on that last comment i'm not to be there do i tomorrow and let dbi look at the unit. we want to provide access so maybe they can take a look at and see what the changes the landlord is going to have to make to the point the tenants

can stay. i'm thankful for annoying looking at this. i was - the landlord said on the permit that was issued i looked at the permit and i don't know if it applies to my unit because 6 units that the landlord had applied for a conversion for 48 unit and the permit says 6 unit so legally do they know does that apply to my unit. can the dbi look at the permit is there something that dbi can do to look at that and say you may be that permit was 6 units and it's incorrect we need to revoke it so a permit can be issued >> it's a good question.

first of all, the conversion they have a legal use on the sixth floor. the latest permit is to remove all the operations. that one i suggest from if you want to appeal it to the appeal board and is it wently? when was the permit issued >> i think that deputy sweeny would be the best to. >> the appeal process, ed sweeny you have to do it within 15 days. >> when was the permit issued? >> i think let me see -

>> it was - it's over 15 days already. >> i do know you can appeal to the board to review whether or not their situations for delay. >> that's part of the jurisdiction. >> so you can still do that. >> okay to the appeal process yes. and then we'll get back to the process >> my understanding it's going to take more than 40 days and

i'm concerned why this is taking longer a eviction and tenant have to fight a u d. >> if i may commissioners we'll table that and we'll think about it and we'll have some conversations and, in fact, one of us can get back. if - >> thank you. next speaker, please. >>. is there anymore speakers on this issue >> good morning, commissioners and director i'm the agency that provides services. one of the things we said to explore was the idea of doing a survey of similarly swaltd

buildings along the stretch of market street and perhaps thinking about the boundary of that but having that some kind of moratorium on the removal of housing uvents from market street while the square is being done i think this creative prove that is something that can definitely be applied to other buildings. by do have access ice so if it's possible to hold-off on, you know, any demo permits on any buildings any units being removed from residential use during the time that we do the survey let's assess whether there are other buildings. for example, 1057 it's almost an

ideal situation as 10349 market. it's not an isolated case. there's so few affordable housing unit in the district overall but especially in the mid-market area it seems worthwhile to see if this is a creative people approach for other buildings so no other tenants receive eviction

city attorney and how to do that. >> and yeah, yes. >> but, you know, i think that we, we can use, you know, that we can work together, and obviously our department is working to try and i know that there have been past cased where we have done this, that did not get press one way or the other that really are successful and i know i live in a building that is an accessory use, building. >> and the task force really recommended that ten years ago as a solution to try and accommodate, what we were trying to do with the lib work, which is the space to keep affordability. and so, you know, that,

hopefully that will be part of what the, what comes of this is, the focus on affordability, and one of the failings as i said earlier of the existence, of the live work, waus that there was no enforcement of occupancy or affordability. it was just assumed that if they built it, to be what it was, that it would be affordable. so i hope that we can resolve this. i think that it is a good opportunity to put forward and some real good solutions for maintaining these kind of spaces. >> okay. >> and i am sorry. >> two comments. first of all tomorrow, the inspection, is 1049 and 1067 together. >> right. >> it is not only looking at 1049. and then, second thing is that we are going to go more on the properties and the jurisdiction of the plan because it is not ours. >> it is actually the board.

>> obviously the supervisors are all over it, but the mayor's office have been good here too. and so everybody, have got to draw a line to do the right thing. >> sure, i think that there should be a pursuit of the appeal even though it is not timely, the board of appeals is really the jurisdiction and they can choose to take it and you probably should get advisement on how to approach that and they are the ones who can put the breaks on this. >> that is right. >> we can't, but, an appeal too. and a successful appeal. >> so, we want to give them thanks to the director, and to the tenants to hrc, because without them notifying us of that whole situation, was going down, i think that it would have been, it would have been a lot worse. of a potentially really

disasterous out come that we are in the process of trying to stop right now, thank you to the commission for really, for first of all for choosing such an awesome director who really has been able to work with us and to really be creative about using city resources, to right a potential wrong, which you don't see every day. and so we really want to applaud dbi in the commission and the mayor's office for their assistance. >> thank you. >> thank you. >> and next speaker. >> good morning. and too, want to thank you personally as a person who has received an eviction notice, i feel a lot more comfortable or safe at the moment that i did not feel previously. and i did think that it was worth bringing up that you know, the fact that this has already changed the lives of a lot of the people in the building and we have a number of people who have actually moved out already, due to the circumstance. i have not spoken with anyone

personally, but, you know, what i hear is that the people who have left without, the compensation, that was, you know, should be guaranteed to them and also i thought that it was worth noting that during this whole situation, none of us was aware that anything was coming up and we were seeing the changes made to the building that we all assumed were for our own sake, you know? and then to find out in the last moment that we are actually being evicted and you know, and trying to find out what the actual situation was, was very difficult as well. we still don't understand whether it was a commercial change, or a residential change. but, having said that, i do, feel a lot more hopeful. i hope that the people who have left the building, have a chance to move back in if they like if they have not left the city. and definitely thank you for your efforts and we will keep on paying attention, thank you. >> thank you, for coming.

>> what is your name? >> ben, katie. >> thank you. >> and i believe that you have already spoken, haven't you? >> i have to... there are guidelines and rules that i have to play by. and the next speaker. >> my name is chris baker and i have lived in 1049 market for eleven years and i am a film maker and the windowless room is my sound stage my roommate is a painter and she works as a communication manager at a non-profit in the tenderloin and of course, if we are evicted we will certainly have to leave the area. and she will no longer be able to work at this non-profit which serves hiv positive homeless, and drug using members, the most vulnerable community and the most vulnerable neighborhood in our town. i just wanted to say, thank you al