the tenants have agreed to put up with this noise. we believe the tenants can be protected. they can provide that protection while tenants are living in other units. i bring an example of many projects we're working on. the building is 50% occupied much like 1100's lombard. being 50% of rated, the second half is upgraded and it is a similar kind of work with a the same type of shoring extension removal of the interior finishes. it is done easily in that situation. they're arguing it will add time and money to the project and we can't disagree with that. but again, it has been done on many projects, and their expert also agrees that the tenants can live in the building even though he says if may had more time and cost of the -- they are adding additional costs for the upgrade work that he is doing in the upper part of that is not mandated by a cut. >> stop the clock again, i am sorry to do this, but the time is being divided. you did not address plumbing services having to be turned off? demonstrating that those needed serious -- >> the contract expert will be better -- >> ar

beyond that, they are harassing tenants and locking tenants out and turning off utilities and we see banks as horrendous actors in the san francisco despite the loss we have. we really need in looking where our next banking goes, we need to look at the practices of banks in these foreclosures. but also, looking at their relationship to eviction -- we had bank of america -- which financed city apartments, have banks to finance conversions and other similarly frowned upon practices in the san francisco. as one of our requirements, we need to look at the eviction practices of the banks as well as the foreclosure practices. >> what justification are the banks giving for evictions? >> they're just giving a 30 day notices. is ignorance as well as just that they have the attitude of we are immune to everything. it is arrogance that we see quite a bit. >> and has the out reach we have done to the banks been adequate? >> it does not seem to be. when tenons contact that tenants union or someplace else, they are told they cannot evict and they don't have to move and they stand up and fight for

we will continue to negotiate with the tenant. before we can even serve a notice, we have to file for our petition. we anticipate the work will take longer than three months. then we have to give a 60-day notice. depending on what mr. collier and his clients want to do, which could end up with three jury trials. negotiation is important to us. i am sorry that got misunderstood early on. we are perfectly willing to negotiate. vice president garcia: as our director explained, if we were to continue this, at any time between now and the date we continued it to, you could simply call and withdraw the appeal. if that would accommodate both sides, that might be the best tack to take. >> i understand that. we would prefer not to have the appeal upheld. we would like to go forward with the project. but like i said, mr. collier and these clients -- there are a lot of steps before we can even start the project. some property owners would like to speak as well. but there are lots of steps to negotiate before moving forward. we would like to

i think someone also pointed out they sometimes rotate the tenants. that is another situation we are not used to seeing, but that is not something we do. >> we did hear about meaning to open the wall, so that would disturb the wall as well as the ceilings, but we heard about that in regard to the plumbing upgrades, but the permit is not for those things? >> it all falls into the other, because the opening of the walls would be part of the building, which the building inspector would in spec. there is a program in san francisco for a safe practices during a demolition and anything the and they would have to appeal to the. there is an ordinance would save practices regarding lead. >> that complicates people staying in the building. >> it is more for the work. they have to put down car. they have to make sure they do cleanup and all the stuff. >> that address is one of the questions i have. >> there is a letter on the record of this building would not be insurable. do you know if the practice is common? >> i have never come across the before, but i did u

there are some teand landlords to make every effort to cooperate with tenants. i have been there through two earthquakes, and it rides very nice. we only ask that a hardship for displacement be mitigated by allowing us to stay. we asked the board modify this. for the record, i would like to correct misrepresentations that concerns me. the effort to discredit me is incorrect. i am retired. i refuse this misrepresentation. there are copies of my registration of incomes. there have been no profit in five years. my real estate license is active. i frequently call my sister on the east coast. i am not transacting calls on the east coast for business. i thank you for your audience. >> you talked about efforts made to mitigate. is there a time you would agree to leave short of the seven months? >> i do not know how well this has been characterized, but this is a two-stage process. there is the work that we believe can be done, and it is done frequently with tenants in the building. it is the work where there might be a time worse than others. >> i am trying to get out

i have represented tenants. at some point, i represented both because they have a common interest even in that. obviously, they both have to make the space accessible either now or later, so it is best that they work together if they can. and work together to save us -- to hire a single lawyer. they can make repairs or what ever is in their agreement. sometimes, when the tenant is the small business and does not have much cash flow, one way to do is to renegotiate the lease, where the cost is amortized over a longer period time. it is another way to spread the payments back to the less financially available person. would you do if you get one of these notices? if you have not had your property inspected already, or if you do not do it following this program -- which i recommend you do -- you should have an inspection by an architect who is familiar with ada issues. we call all of these laws ada, but really ada is one aspect of the federal laws. there are five or six statutes, depending on the specifics of the ca

>> she was more skillful about tenant protection law than most tenant attorneys i've gone up against. >> connie cook's attorney says smith's law degree helped, but so did california's landlord tenant laws. >> initially these protections can easily be exploited. >> tenants can withhold rent while a case is pending. faced with motion after motion, most landlords give up. >> i had a lot of landlords that come to me and say you know what? i'm going to figure out the cost of defense and offer that to the tenant and waive all their rent. it will save me money. >> we offered to sit down with gwen smith to get her side of the story. but after two weeks and several threats by her to sue us, we decided to track her down. we found her here in the sonoma county town of forestville. gwen smith. >> she didn't want to talk. her forestville landlord didn't want his name used, but smith stayed three months without paying rent. we're told the day after our encounter, she moved out. her where abouts now unknown. barbra wilt, meanwhile, is waiting to collect her judgment. >> i still am just so disappoint

the tenant will generate an additional $200,000 for your. meaning that the port should earn approximately $1.4 million in revenue from this currently under-performing asset over the next five years. the city and the port of san francisco proposed the 34th america's cup in 2012 and 2013. they are in the process of conducting environmental review. the city planning department has issued a draft, environmental impact report that analyzes the potential environmental impact of the proposed events. the draft report includes a section on alternatives, identifying the atrium and the waterway on the southwest side of your nine -- pier 9 for the race events in 2013. should this alternative be ultimately selected, for lower would be asked to agree to a lease amendment to accommodate the temporary burden and public access. having received a letter from the ceo and president of hornblower, they said they would adhere to the festivities associated with the america's cup, working closely with the port and america's cup organization, providing more space th

vice president garcia: right, and the tenants who were affected by the work. director goldstein: ok, mr. pacheco, when you are ready, you can call the roll, please. secretary pacheco: so, again, the motion is from the vice president to grant the appeal and appalled apartment on the condition that all tenants do not have to vacate their units, and this is on the basis on a voluntary agreement between the permit holder and the appellant. on that motion, commissioner fung, president goh, commissioner peterson, commissioner hwang is absent, so the permit is upheld with that condition and on that basis. the vote is 4-0. thank you. director goldstein: we can call the next item, item number seven, appeal number 11-100. 1500 francisco street. unit no. 10. protesting the issuance on august 31, 2011, to martin beresford, a permit to alter a building, replace the existing roof deck, like for like. the matter is on for hearing today, and we will start with the appellant. you have seven minutes. >> good evening, madam president and commissioners. my name is right stern, an

the least stipulates that the tenant wishes to perform eligible of improvements to the arena, the tenant can currently receive an offset. process anticipates that the tenant will be responsible for the work but does not described a process for work that is paid for by the tenant but performed by the city. the lease also stipulates that the city only has the obligation to perform dredging. but as the owner of the marina, the city performs a variety of other maintenance repair and improvement projects. so the least neither clearly allows the parties to be included or clearly prohibits such inclusion. the city and the tenant presently desire to amend the least to say the following -- to the following -- "we would like to modify the provisions to allow the city or the city's contractors, rather than the tenant, to perform and credit work to be paid for by the tenant, subject to future offsets in accordance with the process and subject to the terms and conditions set forth in the amended section, and two, provide that the work eligible for consideration by the tenant and department general ma

>> interview: she was more skilful about tenant protection law than most tenant attorneys i've gone up against. >> reporter: connie cook's attorney says smith's law degree helped, but so did california's landlord/tenant laws. >> interview: they initiative yeah, it all these tenant protections, thee protection k's easily be exploited. >> reporter: according to him they can withhold rent while a case is pending. faced with motion after motion, most landlords give up. >> interview: i have a lot of landlords who come to me and say "you know what, i am gonna figure out what the cost of defense is, i'm gonna offer that to the tenant and waive all their rent and it will get them out quicker and get rid of them. >> reporter: we offered to sit down, but after two weeks and several threats to sue us, we decided to track her down here in the sonoma county town of forestville. gwen smith? excuse us. she didn't want to talk. her landlord said she stayed three months without paying rent. the day after our encounter she moved out. her whereabouts unknown. barbara wilks is still waiting to collect her

those tenants in south to individual people we have heard from tonight. -- those tenants leasine to individualpeople we have heard from tonight. those people sell these individual rooms by the month currently. david is not doing so. he wants to do so with your permission. he will get rid of those leases, and he will have a direct relationship with people policing. a lot of terrible things have been said about david, and you have to wonder why. i think i will make it clear when i read an e-mail from a neighbor. this is one you have in front of you. it is from one of the former tenants whose vote tonight. it is not politically correct to oppose group housing. we have been advised we should not object to the zoning that allows one to operate through housing but rather the operator is self. do not hate the game, but hates the players. i know she never said such a thing. each is unfair to her, and it underlies what it is about tonight. you have heard from a tenant who is behind in his rent and my client has not forced him to pay. we have something -- >> thank you. public hearing is closed. comissio

there have been some unruly tenants in the past. there have been some code violations, but there are no current code violations. 1/3 indicate no problems, and we have here a number of complaints where attendance mention things to the building inspector and the building inspectors stated no violence and -- no violation issues. why does my clients want to release by the week or the month and not by the year? this is the only currently allows that if you live in a place and subleased to your roommates, that is the only way you can have a lease buy their rooms. david would like to least two people on floors he does not live on on a month-to-month basis for a weekly basis. there are many people who come in the city. my friend had to get treatment at kaiser. he did not know if he would stay there five weeks or six weeks or seven, and he wanted to rent her weekly. many people do not want to sign the lease most landlords have today. many people come on relocations from corporate headquarters. they are moving to the city. they do not want to

but pier 38, a former tenant has appealed. there are civil claims back and forth between the tenant and port. furthermore, because the former tenant had a loan with the california department of boating and waterways, basically they have an agreement on the property. they have a right to take over the tendencancy. beyond a special case, we would have to look at how report uses are determined. the backbone of that is the waterfront land use plan appeared that and then a bios policies, potential uses, for each of the port facilities. we have outlined what it has been for pier 38. it is mainly about maritime use. in the past, it was always the maritime facility. the land use plan looks at this as a maritime facility with other ancillary uses. that is something that we examined and will have to reconcile. secondly, any plan for real occupancy, whether master tenant or master developer, would have to be trusted-verified. we would have to make certain that plans for re-

i represent myself and the lakewood tenants association. you may remember something that was copied to yourselves last january. listing a prolonged series of difficulties in getting a building inspection actually enforced. we have three appeals that we filed. there is a fourth that we did not file that was for excess. we thought that that would go to the access appeals board, but they do not have jurisdiction. we will have to bring it to you first. >> may i interrupt? this item is before you not on substance, but an underlying appeal. he has asked to file his appeal without pay of it -- paying filing fees. you have the ability to waive the fees. he has been informed that he could fill out the form for its bid -- and agency used by the court of appeals. he did not choose to do that. he wanted to come to you to keep the appeals that he wishes to file. the ultimate item before you today is whether or not you will allow him not to pay the filing fees that the board of supervisors have set. >> that is exactly right. thank you for making my speec

but pier 38, a former tenant has appealed. there are civil claims back and forth between the tenant and port. furthermore, because the former tenant had a loan with the california department of boating and waterways, basically they have an agreement on the property. they have a right to take over the tendencancy. beyond a special case, we would have to look at

what we have seen their tenants, particularly young tech tenants, like to differentiate their companies by going into creative office space. it is a combination of things. they want wide-open floor plans, high ceilings. they want something that is a little bit different than being in a rectangle cuba. they also want to be in an environment that has close proximity to housing, public transportation, and would be supported by amenities that allows them to have this live, work lifestyle in close proximity. we think that, over time, midmarket will allow that. market square is a two-building complex, about 1.1 million square feet of space. the larger of the two buildings is 1355 market. it was originally constructed in 1938. it was added onto in the 1940's, 1950's, again in the 1960's, and finally in the 1970's. today is 11 stories, about 750,000 square feet. the second party to this project is 875 stephenson. i do not have a good picture. i do not think there is a good picture of it. [laughter] so that is going to be our next challenge, a kind of phase two of the project. we're looking at r

>> she was more skillful about tenant protection law than most tenant attorneys i have gone up against. >> reporter: connie cook's attorney jim san zone says smith's law degree helped but so did california's landlord- tenant laws. >> they initiate all these tenant protections. these protections can easily be exploited. >> reporter: faced with motion after motion, most landlords give up. >> i have a lot of landlords who come to me and say, you know what? i'm going to figure out what the cost of defense is and i'm going to offer that to the tenant and waive all their rent. it will get them out quicker and it will save me money. >> reporter: we offered to sit down with smith to get her side of the story. but after two weeks and several threats by her to sue us, we decided to track her down. and we found her here in the sonoma county town of forestville. gwen smith? excuse us. >> reporter: she didn't want to talk. her forrestville landlord didn't want his name used but told us, smith stayed three months without paying rent. we are told the day after our encounter, she moved out. her wherea

we are now the only tenants in a 28-floor building. that is generating some challenges, as you can imagine. i asked staff to start looking around to see what options we had, so i could present to you in our present -- complete picture of what we could do. the default is to stay there for the next five years and then move at the time. some interesting things happening in the remaining few months since we started looking. we looked at six different properties. most of them are no longer available because of the interest in the civic center. all of a sudden, that area has become a hot market, which is fabulous for civic center, but not great for us. we did identify a couple of buildings. one in particular, 1455 market, came up with an offer, property on the 22nd floor. long-term lease. they were very motivated at the time that we started looking, which was great. we secured terms that would allow us to move into the building with a $1.7 million budget to do tenant improvements. so we would not have to pay to relocate into the building, as