we are joined by joseph duffey, the senior building inspector representing the department of a building inspection. and john hwwang representing the department of public works and mapping. at this time, if you could go over the board meeting guidelines. >> the board requests that you turn off all phones and pagers so they will not disturb the proceedings. please carry on conversations in the hallway. the rules of presentation are as follows -- the appellant, permit holders, and department representatives each have seven minutes to present their cases and three minutes for rebuttals. people affiliated must include the comments within the seven or three-minute periods. those not affiliated will have three minutes to address the board without rebuttal. to assist the board in after preparation of minutes, members of the public who wish to speak are asked, but not required, to submit a speaker card when you come to speak at the podium. speaker cards and pens are available on the left side of the podium. the board welcomes your comments and suggestions. there are customer satisfaction survey

joseph duffey, dbi. the permit was applied for and properly obtained under -- over the counter. two dwelling units. the only thing i see, it is done on 3 units on that. that is probably not accurate but just for tax purposes. i do not see anything in the brief but is it legal occupancy. as far as i'm concerned, it is a two-unit building based on the permit. if anyone has any questions, i would be happy to answer them. >> is there any public comment? seeing none, commissioners, the matter is submitted. president garcia: i guess the reason it would matter whether or not it was a legal 3 units, if they were to evict this tenant and go to two units, it would represent a dwelling unit merger. different processes would have to take place. there has been no evidence presented that this is anything but two units. there is no evidence presented that anything was not done that should have been done in terms of the notice. i personally look forward to the comments, but i see no reason to grant jurisdiction. commissioner fung: i am in concurrence with that. president garcia: i would move th