DBI schedules inspection at 1049 Market Street as tenants and advocates seek protections

The Department of Building Inspection will conduct a multi‑discipline inspection of 1049 Market Street the day after the Building Inspection Commission met on Oct. 16, 2013, officials said. Director Tom Hui told the commission the department has engaged the owner since April, the owner has issued some eviction notices and offered relocation funding, and DBI has proposed a path to legalize residential accessory uses where life‑safety issues can be addressed.

The inspection will include electrical, plumbing, fire and building staff and plan‑review staff to review fire‑safety, egress and permitting, Hui said. He described Administrative Bulletin AB005 as providing local equivalency options to address light‑and‑air barriers that otherwise can block legalization. "We are not trying to evict tenants," Hui said, "we give you a path how to resolve it." (Tom Hui, DBI director)

Why it matters: Tenants and tenant advocates told the commission that eviction notices and press coverage have already prompted some residents to leave and that a review of permits and the appeals process will be too slow to protect all residents. Randy Shaw, a tenant advocate who addressed the commission, suggested the Board of Supervisors consider an immediate moratorium on conversions or withdrawals of housing use along the affected Market Street stretch to prevent further displacement.

Tenant organizers described large, ongoing tenant meetings and door‑to‑door outreach. "We had a meeting last night — more than 30 people showed up — and we're going to remain active," said Shonda Redick, a 1049 Market resident. Tenants asked DBI and commissioners to clarify whether owner‑required improvements could trigger loss of rent‑control protections and, if so, what the financial threshold would be; DBI staff said that effect rests on whether a new permanent certificate of occupancy is issued and recommended coordination with housing and legal authorities.

Commissioners pressed DBI on communications and timing. Several commissioners said media coverage had suggested DBI was responsible for evictions; DBI staff said the department enforces code and focuses on life‑safety, while eviction authority and land‑use moratoria are controlled by other bodies (the Board of Supervisors and Planning). Commissioners asked DBI to prepare a written statement for the record and to provide inspection findings to the commission once available.

Process and legal options discussed: DBI staff explained that permit appeals generally must be filed within 15 days; commissions and tenants asked whether the Board of Appeals could accept jurisdiction if appeals are late. Inspector staff noted director's hearings and orders of abatement are used to clear longstanding violations, but acknowledged the "unintended consequence" that an abatement order could lead to displacement if not carefully managed. Tenants said many eviction notices are 60‑day notices and expressed concern an appeal or jurisdictional request could take longer than the eviction timeline.

Next steps: DBI said inspectors will visit 1049 (and adjacent 1067) as scheduled and produce a follow‑up report to the commission. Commissioners requested DBI coordinate with the mayor's office and supervisor offices, seek City Attorney advice where needed, and consider expedited administrative options to prevent unnecessary tenant displacement while addressing safety concerns.

Quotes: "We are not trying to displace tenants. We are simply trying to have a court‑compliant space," an inspector said during public comment. "If there's a path to legalize these units and keep people in the building, that's what we want to do," Commissioner Walker said.

Ending: The commission asked staff to report back after the inspection and to explore appeal and legislative options, including whether a targeted moratorium or other Board of Supervisors action is warranted. The commission also acknowledged ongoing organizing and outreach by tenant groups and pledged continued coordination.