. >> good evening and welcome to the wednesday, april 29, 2015, meeting of san francisco board of appeals preferring is board supervisor cortese and joined by commissioner honda commissioner fung commissioner wilson commissioner swig will be absent

transportation authority is responsibility resign for legal advice and the controls is the clerk i'm cynthia goldstein the board's executive director we're joined by representatives from the departments that have cases before the board is scott sanchez the zoning administrator and also representing the planning department and planning commission and next is joe duffy representing the department of building inspection we expect jarvis to be here there he is the enforcement and legal affairs board questions that you shrines any electronic devise the boards rules the permit holders have 7 minutes inform present their

case the parties must - the members of the public not affiliate with the parties have up to 3 minutes please speak into the myself speaker cards are available on the left side of the podium there are consumer satisfaction forms on the podium if you have questions about the hearings the boards rules please speak to the staff before or call or visit the board the 78. dvds are available to purchase directly from sfgovtv. if you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i

do. please note: any of the members may speak without taking the oath pursuant to the sunshine ordinance, and thank you. now we'll swear in or affirm if you intend to testify and wish to have your hunter's view right hand and say i do after you've been scorn in firmed mroound okay do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> okay. thank you commissioners then moving to item one general public comment this is for anyone that wishes to speak to the board for any item not on the agenda seeing none commissioner questions or comments. >> week commissioner fung thank you. >> item 3 the adaptation of

minutes commissioners for the minutes for april 15th. >> additions, deletions, or changes or other corrections may i have a motion. >> motion been the vice president to adapt the minutes on that motion commissioner fung commissioner president lazarus commissioner wilson and commissioner swig is absent so that motion carries 4 to zero thank you next item own the agenda is 3 jurisdiction requests item 4 subject property on 21st after the board received a letter requester asking the board take jurisdiction over an electrical permit issued on september 12th and december- september 12th by

the department of building inspection the appeals ended on january 8th and the jurisdiction permits were filled the permit holders and the project the first permit to remove the shower and to remove the ground floor approval for the shower and the third is the restriction inform building permit application to document external stairs and correct the room designation for room a to storage so because there are 34 jurisdiction requests we'll give the requester 9 minutes to present please step forward.

>> good evening my name is leslie o'brien (inaudible) in the upstairs portion of the property (inaudible). >> 2002 we are here this evening to speak that the building permits issued in 2014 and the subsequent permit in december 2014 in which the building inspection failed us to properly explain our rights to fidget and even appeal the proprieties issued for the removal of illegal dwelling in the lower level of that property to understand the players we need to go back to february of

2014 when our landlord r0b served my family with a termination of notice tendency on an owner - the owners objected a full approval from dbi to verizon and hogan expend it's property under the permit the occurrence of those two items happening at the same time flattened unfatiguing faith motivates after consulting with the rent board and the tenant right union this was apparent this man was not acting in going to on the option of the organization m i notice to renotice the permit that will correct the relocation fees open

the rent board calculations that were incorrect their attorney steven refused and threatened us with an unlawful detainer that was never filed they knew they had no good faith basis the months later 38 they accepted our check with a threatening letter from the new attorney from zach's and freedom about a 7 minute off by the way in their rebuttal package raurgsd our requests was quoted out of context that was a private and confidential communication been the 20 years you'll this aside our communication were gerald ignored and our attorneys did not speak until the landlord

hired an engineer to obtain permits to remove the illegal twelve mr. the gentleman and marion falling lesson occupied these permits were issued in 2014 of february with the onions of those permits as the the subsequent cashing of our checks and no communication from the already we began to think there are under do handed devious notice the incarcerating happened to be our downstairs neighborhood or the attorney about the impeding instruction reheard from a neighbor around the corner those additional proprieties had been issued

we immediately contacted dbi in a panic and we thought that was unheard of that the permit or permits can be singled out and straightening issued that were encompassed in an already issued permit what is their motivate dbi was unfortunately unhelpful and, in fact, ignored our concerned e.r. or even the appeal process that allowed us to review the permit issued we were besides ourselves with confusion and how that effected us we e-mailed them and called them filed 311 complaints so properly address what was happening the disturbed lead paint an illegal shut off and we

tried many the to contact the building inspector and ultimately after many times pleadings with the landlord his contractor we headed our attorneys voice and reached out to depending e dpw those organizations came to the property and put a notice of violation all the whole we're xhungs to our landlord attorney the risk that mr. falling lesson and his representation are pitting us in along with the issues never addressed in our entire life of the tendency bringing on regarding the health and safety of our family they said bad things we planted the lead in our home we're fidgety and dirty and the rebuttal

painted us as greedy blackmailing individuals who want to take advantage of an words are hurtful their untrue and blavnt meant to discredit us we've tried to get information about your rights and until the second permit was put on the website about appealing a certificate of final completion should one be issued we thought we found information and even asked the senior building inspector his supervisor and daniel if those permits had been clotdz the online system said the permits were opened and we were aware tyler or they were code violation in the sign off

of the electrical work we said understood was not how allow a cf c to be issued we went to the retirement board for a reduction in the rent is when andrew zach's and pacific submitted a signed and dated cf c from bernie from 2006 we believe this to be false we went to the records section at dbi refer to the close out of the permits we were told they didn't xilt exist when i filed the petition they city do not exist day they say of stay open and issued no records those permits along with the documents revertigo this

back to 0 single-family has placed our apartment out of control and our rent was increased raising our rent 2 hundred and 85 percent they're to be issued in obliterate you are public servant when the landlord and contractors and attorneys try to find a loophole in our building system such as remove logically unit and using loopholes against tenants so they have zero accountability thank you for listening to our recessing requests for judicial review. >> okay 9 minutes to the permit holders mr. patterson.

>> thank you commissioner president lazarus and commissioners bryan there are occasionally cases brought you to you with errors and sometimes cases where there are disagreements whether a permit should be issued you occasionally see case that has nothing to do with with the proprieties in question and used for collateral decisions this is one of the cases unfortunately, there is an ongoing landlord/tenant dispute and the as noted in the briefly we were there are pantly no grounds for

granting of the jurisdiction and the sole purpose for being here is simply to force a larger buyout payment from the permit holders the fact of this case is pretty straightforward a 126 single-family home with an illegal unit or had an illegal unit on the lower level the owner served an owner jeegs notice sometime last year fought off by the tenants and was bought off by the tenants the owners quickly realize the tenant would be putting them through very, very difficult process through the serial of complaints through every agency they have made complaint to dbi

about dbi and everyone involved including the contractors and it is interesting that is the requester himself is a professional contractor and has been an in-depth job of trying to stall the landlords effort the risk of liability from the tenant the predicament form was the rent board and the tenant introduced their rent from $1,400 including utilities to $750 the rent board denied their petition because of a single-family home and it was issued by dbi as single-family home and only now 6 months after the proprieties were issued as a

tenant comes to this board with a late jurisdiction the important thing to note the tenant were not deprived of their opportunity to appeal which is the boards sole criteria and the city deprivacy them of their opportunity to appeal in fact they had actual notice of proprieties noticed during the period this is confirmed in their appeal the first two were issued september of 2012 and the appeal period expired the tenants had knowledge and due to their complaints to dbi about the first permit was issued on december 24th the appeal period extraordinary january 8th they knew about that january 28th and

choose not to foil an appeal after the work was finished and choose not to foil an appeal 6 months later long long long after their opportunity passed it is also important no notice was required from the tenant not in the unit being removed if the upstairs the main level of the house and the downstairs occupant was the landlord daughter she had to leave because of the dispute between the tenants and her father lastly i'll say that since the work is already finished was the under permit properly issued with the planning department review the ordinances have the invested right not proper or easy to revoke the permit of

there are grounds in grounds for jurisdiction and the jurisdiction requesters have identified no grounds for the issuance of the permit i'll take a moment and ask robert to introduce himself and hear from his point of view. >> good evening my name is robert fall lengthy bought but house on 21st avenue in 1976 and started my this business at that time i didn't have the full down payment my wife helped me a friend i borrowed the money from which went on and then i raised my kids my 4 kids and i decided to rent the house

in 14 years ago and young lady working for me friends with my friend and recommended them i went to the home including the utilities i haven't raised the rent one dime since they've been in there anytime they've had a problem with the register we take care of it and we had a good relationship as far as i'm concerned and now that i'm semi retired and my kids are out doing for vngz i have 3 grandkids i want to move back into the house i talked like we do everything legal and send out

the right nos no problem it didn't turnout that way i'm total stressed out with the whole thing and my wife who is not here in earning i'm paying four and a half thousand dollars for a rented place all i wanted to do was move into my home i've spent two complaints under mr. and mrs. o'brien that has cost me $80,000 windows and so on which was never a claimed beforehand until that and then when i rented the place i decided well, if they want to stay there i want to get my rent i'm paying four and a half thousands and get fair rent from

my own place here we are and i just hope we can get in resolved thank you very much thank you for your time. >> one other daily this property is costing mr. falling less than $3,000 in mortgage pavement and he's only able to charge 14 hundred in rent under the requesters sir, i think we should give him an opportunity he's been attacked by the tenant. >> i was hired to investigate the in law and determined it was a single-family home i filled the necessary electrical and plumbing and conferred with the owner the tenant was notified i was told that was his daughter i thought my obligation to make sure that the tenant notification was done the

electrical and plumbing work was done approximately the upstairs person complanld there's an issue of substandard electrical work that's in the room not in the in-law unit removed hendricks but i believe everything has been done properly. >> any departmental comments arrest thank you scott sanchez planning department fits it been listed as as stwnl within a rh2 district that second you unit could be at or legalized under the planning code no novs requirement for the work i know an item mroornt in our calendar the folks have been hard at work rising the procedures to provide

notice for the removal of in law unit the requester is living in the legal not illegal unit and we'll address that later on. >> anything else. >> good evening joe duffy beginning the building permit under the request are permitted application that building permit was a format it was filed on december 24th, 2014 and listed on the same day it was a restriction to the permit to document internal stairs between

second-story and first story and the designation for the room to a storage the other permit was removed ground floor legal kitchen and stove over the form permit filed on the tenth of december and issued the same date this permit was reviewed by city planning and building mechanic and c pb and issued over the counter i heard a lot of comments about dbi lack of response possibly i'm not familiar with the case i know that most of us don't get back to people we'll be available evidence and 7:30 and 3:00 p.m. to 4:00 p.m. sometimes when you're not getting a call

back you can come in - i did speak to seminar inspector today he told him told me this was a lot of bad feeling between the right landlord/tenant and as far as the permitted it is one of proprieties i don't see enforcement if dbi telling them to remove the unit and it looks like i think the owner will verify that there are also compliments from housing and other complaints around the same time and housing for maintenance issuance one thing on the brief maybe somebody can answer we

issue a cf c it is supposed to say complete had i noticed that earlier i would have spoken to the senior inspectors but i'm available for questions i don't think i have anything further to add. >> is there a time lag between the final inspection and the completion of the cf c when it is entered into the computer? >> today's worldwide or world that's the way it happens in you sign off on december 2, '68 it should show up as complete usually a day last night at the most should be a completion if there's a cf c in the belief i

think dose 26 i imagine the permit should say complete i'm not sure maybe it's explainable but if there's a cf c we want to see a completion on the paperwork something needs to get fixed the work is done and the electrical permit signed off and i think that was in the belief well, i noticed the day of the permit was september 12th and we were contacted around december 29, '27 days later the owner may not have been told about the appeal i don't know if we tell everybody about a permit

we'll tell people their options if people are unhappy we told them there's an appeal and jurisdiction and nathaniel refer people over to the boards office again, i'm not familiar with this case i don't know what happened then. >> any public comment on this item? seeing none commissioners the matter is submitted. >> commissioners in looking at the briefs and hearing the whole testimony the question is whether the department or departments