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Board revokes permits tied to Kansas Street eviction dispute, citing notice failures
Summary
The Board of Appeals denied three permits tied to 1325 Kansas Street after finding Planning failed to follow Block Book Notification procedures; the appeals raised eviction and loss-of-rent‑controlled‑housing concerns for a long‑term disabled tenant.
The San Francisco Board of Appeals on Feb. 11 voted to deny three permits for work at 1325 Kansas Street after concluding Planning did not follow required notice procedures.
Appellant attorney Alex Merchant argued the permits would allow the owner to eliminate an occupied, long‑term unit rented by Russell McCabe, a permanently disabled tenant, and thereby remove rent‑control protections. Merchant urged the board to deny permits so the tenant would not be displaced.
Owner counsel Daniel Borenstein said his clients had followed the rent ordinance by serving notices, arranging relocation payments (about $9,000 total) and hiring counsel to ensure compliance. Borenstein said the owners were seeking to correct an unpermitted condition and to return the building to single‑family status while following the law.
Planning staff told the board that a Block Book Notification (BBN) had been filed but that timing and processing issues meant the appellant lacked effective notice and the ability to seek discretionary review. DBI confirmed the permits were properly issued at intake but acknowledged the planning‑notice timing created a process problem.
Vice President Daryl Honda moved to grant the appeals and deny all three permits, finding that Planning had failed to follow its procedures. The board voted 3–0 to deny the permits; notices of revocation were issued and the department will handle re‑filing and any required BBN notification.
