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Board Denies Rehearing Request on 57 Eureka, Cites No New Evidence
Summary
The Board of Appeals denied a rehearing request filed by tenants Jordan Hubbard and Angela Cross challenging permits at 57 Eureka Street, finding no new or different material facts and noting prior hearings and decisions.
The San Francisco Board of Appeals on Aug. 5 denied rehearing requests from Jordan Hubbard and Angela Cross challenging prior decisions upholding permits for 57 Eureka Street.
Hubbard and Cross told the board they had new documentation — including an assessor’s property card and historic Sanborn map references — which they said showed the property was previously used as a multi‑unit dwelling and that the removal of kitchen fixtures could remove rent‑controlled units. Their legislative aide submitted a letter from Supervisor John Avalos raising concerns about potential loss of rent‑controlled housing.
Property owner Charles Lebedeff and his counsel said the rehearing requests repeated arguments the board heard in earlier proceedings and failed to present new material facts as required under the board’s rehearing standards; Lebedeff said repeated delays prevented him from abating a notice of violation.
DBI inspector Joe Duffy said the electrical and plumbing permits were issued to correct violations and that DBI had not reversed the notice of violation. Commissioners said the board’s rules for rehearing require specific showing of new evidence and manifest injustice, and after deliberation moved to deny the rehearing requests for lack of new evidence. The vote to deny the rehearing carried and the board directed a notice of decision to be issued.
The outcome leaves prior permit and abatement requirements intact; appellants were advised they may follow DBI avenues if they obtain new evidence.
