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New owner at 418 Persia Avenue seeks to fix heating; board continues case 60 days
Summary
The board continued the abatement matter for 418 Persia Avenue for 60 days after the new owner told commissioners she has pulled a permit to install heating but cannot access the unit because tenants refuse entry; staff will reissue notices to the current owner and report back.
The Abatement Appeals Board on Nov. 14 continued the order-of-abatement case for 418 Persia Avenue for 60 days to allow staff to reissue notices to the current owner and to monitor repair progress, particularly the installation of a heat source.
Rosemarie Boskey, Chief Housing Inspector, said three notices of violation are open for the property and that the heat-related notice — the subject of the appeal — resulted from a task-force inspection. Boskey told commissioners the property changed hands Oct. 19 and that the department planned to reissue the notices to the current owner so the department can compel compliance if needed.
New owner Jennifer On Kim Chan said she closed the sale on Oct. 19, has pulled a permit to fix the furnace and plumbing, and engaged a contractor who was scheduled to begin work, but told commissioners she has had difficulty obtaining access because tenants and the tenants’ counsel have pushed the owner and inspectors away. She said she is new to property ownership and asked for help navigating notices and repairs.
Tim Kelly, an attorney for two tenants, said his clients have lived in a substandard, hazardous dwelling and want swift but clearly scheduled repairs; he urged that inspectors be allowed to enter with reasonable notice. Inspector Boskey and staff said they have met with the current owner and wish to use the hearing as a way to press the new owner to proceed with repairs and reissue notices so the department can exercise jurisdiction over the current owner.
Commissioner Walker moved to continue the Persia Avenue item for 60 days to allow staff time to update notices of violation and return with a plan; the motion was amended to request staff assistance educating the new owner about required 24-hour notice to tenants before contractor entry. The motion was seconded and passed unanimously on roll call.
Staff will reissue notices of violation to the current owner and report back on whether permits have been pulled and work has begun; the board will revisit the item after the 60-day period.
