mr. buscovih's unrebutted testimony that there needs to be work on the property as well as the property owners view that he needs to upgrade the building. >> appellant has not met its burden of producing evidence of a permit to add a kitchen or to add a... that would allow this certificate of final completion to be overlooked and over turned by this board. i ask that you talk to the building inspector who was out there today and can report to you the evidence that will establish this is a single family dwelling. >> i have a question. so you say that the sh you state that the permit holder is not a way to sircumvent eviction of a protected tenant. >> he is not a protected tenant. he has been there for five years and you have to in possession for ten years. mr. hyman is not a protected tenant and not an effort to circumvent. >> and he is willing to give a lease in the new building. >> i didn't say that i said that he was willing to agree not to evict the new tenant. >> okay. >> i swear that i heard that. so no questions, that is fine. >> he actually currently has a rental agreement and he is a m