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Abatement Appeals Board upholds abatement orders for two Tenderloin properties after tenant complaints

Abatement Appeals Board · May 17, 2017
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Summary

The Abatement Appeals Board unanimously upheld orders of abatement for two related notices of violation at 2330–2336 Steiner Street following tenant testimony and department evidence that several repairs remained incomplete; the board included assessment of enforcement costs and directed reinspection.

The Abatement Appeals Board on May 17 upheld orders of abatement for two related notices of violation affecting 2330–2336 Steiner Street, voting unanimously to include assessment of enforcement costs after hearing testimony from the tenant, a tenant advocacy attorney and the Department of Housing Inspection.

The board’s decision follows notices of violation issued in August and a director’s hearing earlier in the year that resulted in a seven-day order of abatement. Department staff told the board that much work had been completed but several items remained outstanding — including a plumbing sign-off for a water heater (and a pressure-relief valve), exterior siding and wallpaper — and recommended upholding the hearing officer’s order or, if more time were granted, a short, tightly supervised extension.

Tenant Jackie Mohana told the board she has lived in the unit since 2004 and described recurring leaks and water intrusion, including a significant leak in March 2016 that forced a neighbor to vacate and ongoing interior damage that has not been fully repaired. "I have been a tenant at this property for 13 years," Mohana said, describing repeated delays and piecemeal repairs that she said have affected her living conditions and peace of mind.

Raquel Fox, a staff attorney at the Tenderloin Housing Clinic who inspected the unit, told the board the exterior and interior show water damage and poor workmanship and urged the board not to grant more time. "They should be ordered to do it now or referred to the City Attorney's Office," Fox said.

In rebuttal, Evan Smith, agent for owner Hill and Company, described exterior and structural work that he said has been completed — painting, roofing, gutters, a soft-story retrofit and other envelope repairs — and said remaining items largely await contractor scheduling or permit sign-offs. He told the board the owner had spent substantial sums recently on remediation work. "We spent hundreds of thousands of dollars in the last seven months," Smith said.

Department staff displayed photographs of outstanding deficiencies and told the board the remaining enforcement costs are about $1,600 per property ("about $3,000 or more" across the two related cases). Staff said a final reinspection will be scheduled once the owner indicates all items are completed and that some repairs require permits and signed-off inspections before they can be cleared.

Commissioner Walker moved to uphold the orders of abatement and include assessment of costs; the motion was seconded and carried on a unanimous roll call vote by President Clinch and Commissioners Constand, Lee, McCarthy, Walker and Warshall. The board directed the department to continue reinspection and to confirm completion of the outstanding items identified by staff (item 9 for appeal 6833; items 4, 5, 6 and 8 — with 8 recorded as wallpaper — for appeal 6834).

The board adjourned and said the Department of Housing Inspection will schedule any necessary final inspections and follow standard practice to confirm repairs before closing the files.