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Board Denies Late Jurisdiction Request in First Avenue Tenant-Landlord Dispute
Summary
Tenants asked the Board to take late jurisdiction over three permits tied to removal of an alleged illegal lower-level unit at 2322 First Avenue; the Board found no departmental notice failure and denied the request 4-0.
The Board of Appeals denied a jurisdiction request from tenants at 2322 First Avenue who sought late review of three permits issued by the Department of Building Inspection for work that the tenants said removed an illegal lower-level unit and triggered an owner-move-in eviction.
Tenants represented by Leslie O'Brien testified they were not told about the permitting and appeal options and described parallel rent-board and tenant-union contests. "We were lost, we were dumbfounded..." one requester said, describing communications problems and alleged improper close-out documents.
Permit-holder counsel Ryan Patterson and owner Robert Fallon said the tenants had notice during the appeal period and that the work corrected an illegal unit. Scott Sanchez of Planning and DBI inspector Joe Duffy explained the records search and inspection steps that led to issuance and sign-off, and noted a Certificate of Final Completion was in DBI records. The Board concluded the department had not inadvertently created a lack of notice and denied all three requests for late jurisdiction (motion by Commissioner Fung, carried 4-0). The denial leaves DBI action intact and the parties' remedies through rent-board or civil court as applicable.
The item was heard as Item 4 on the April 29 agenda. Speakers and evidence are recorded in the Boards minutes.
