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Board approves shell permit for major repairs at 1166 Haight Street after tenant concerns about displacement

San Francisco Board of Appeals · July 6, 2016
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Summary

The Board heard a lengthy appeal from tenants alleging harassment and displacement at 1166 Haight Street and considered a permit addressing severe settlement and seismic upgrades. Structural testimony described pronounced differential settlement; DBI said the work is necessary to abate an unsafe condition and that multiple additional permits would follow. The board denied the appeal and upheld the permit, with departments asked to clean up permit history and investigate outstanding complaints.

Tenants and their representative Raquel Fox told the Board that a building-permit application for 1166 Haight Street should be conditioned to protect tenants and exclude work that could facilitate permanent displacement, such as a previously proposed garage. Tenants described long-term building deterioration and alleged harassment by the landlord that contributed to vacancies; two longtime tenants recounted a deterioration in building maintenance and intrusive landlord conduct.

Architect Suhail Shatara and structural consultant Pat Buskovich presented the technical case that the three-story building exhibits severe, differential settlement (8–11 inches reported in some areas) and that a comprehensive structural and seismic rehabilitation, involving lifting, leveling and extensive utility work, is necessary to make units habitable again. Buskovich warned that lifting and leveling inevitably cracks plaster and damages old utility lines, and that the scope of repairs would be significant.

Owner Dennis McCarthy and project team said the intent is to fix unsafe conditions, seismically upgrade the structure and return units to the rental market, and that the owner plans to welcome tenants back at the same rent. DBI confirmed the application addresses the building settlement NOV (notice of violation) and that the permit is intended to abate a hazardous condition; DBI also said the triaged/over-the-counter garage permit on file would be withdrawn and that outstanding filed/expired permits could be cleaned up administratively.

Commissioners discussed the balance between tenant protections and the urgent need to repair an unsafe building. Several commissioners said they were reluctant to impose conditions that go beyond their authority, but asked for department follow-up on permit history, the triaged garage application and whether DBI would enforce any uncovered violations. The owner’s attorney indicated a willingness to withdraw the garage application and DBI said it would open or assign the complaint filed the day of the hearing and follow up; DBI anticipated it could resolve the permit-history issues within several weeks.

The Board voted to deny the appeal and uphold issuance of the permit so that necessary structural repair can proceed; commissioners recognized open concerns about tenant displacement and asked for agency follow-up and clarity about relocation assistance and enforcement processes.

What happens next: The board denied the appeal and the permit-holder will proceed with the shell and structural work; DBI will withdraw or clean up the triaged garage permit and will investigate the complaint about past unpermitted work and clarify relocation and rental protections as appropriate.