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Building Inspection Commission adopts findings, upholds DBI decision on tenant relocation benefits appeal

Building Inspection Commission · August 19, 2015
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Summary

The commission voted unanimously to adopt written findings upholding the Department of Building Inspection's determination of tenant relocation benefits for 938–940 Hampshire St., rejecting the appellant's argument that a three-week delay in benefit notice caused avoidable disputes.

The Building Inspection Commission on Aug. 19 adopted written findings upholding the Department of Building Inspection's April determination of tenant relocation benefits for properties at 938–940 Hampshire Street.

The appeal, filed by Working Dirt R2 LLC and represented by Zacks & Friedman PC, argued the department’s relocation-benefit notice lacked sufficient detail and was delayed by roughly three weeks, which led to tenant–owner disputes. The appellant asked the commission to reject the Department’s position and urged clearer departmental procedures.

Rosemarie Boskey, Chief Housing Inspector, told the commission staff had met with the property owner early in the process, provided all outstanding notices of violation and walked through the property. DBI staff and the City Attorney’s report were cited in support of the department’s findings.

Commissioners discussed procedural improvements to reduce future timing lapses; President McCarthy and other commissioners asked Director Tom Huey to work with the City Attorney’s Office to develop clearer timelines and itemized guidance on relocation-benefit calculations. After brief public comment, the commission moved to adopt the proposed findings dated Aug. 19 and recorded a unanimous roll-call vote in favor.

No monetary award or new relief beyond the adopted findings was announced at the meeting; the commission’s action was to formalize the written findings that uphold the director’s prior determination under the City Charter and California law.