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Board Upholds Permit for 34 Baltimore Way After Tenants Allege Retaliation
Summary
The Board of Appeals upheld a DBI-issued permit to remove an unpermitted bathroom at 34 Baltimore Way despite tenants' claims the work was retaliatory and has left the household with one functioning bathroom. The board voted 4-0 to uphold the department's decision.
The San Francisco Board of Appeals on Jan. 28 upheld a Department of Building Inspection permit affecting 34 Baltimore Way, after tenants and advocates said the permit holder removed a bathroom and the action functioned as retaliation during an owner-move-in dispute.
Courtney Brown, representing the Tenderloin Housing Clinic, told the board the permit was being used to pursue an intolerable living condition and pressure tenants—several of whom are low income and include diabetics—out of the home. "This is not only about these tenants," Brown said, adding that the loss of a second bathroom creates severe hardship for the family.
Tenants Jose and Zenia Ramos described daily disruptions and the loss of privacy and basic facilities following the bathroom removal; they said the home had two bathrooms when they moved in during the 1990s.
Permit holder Tiffany O'Kane denied retaliatory motive and said she acted under DBI instruction and to comply with notices; she said she could not afford a full legalization because required additions were expensive. DBI inspector Joe Duffy explained the permit under appeal was issued to comply with a notice of violation referencing an unpermitted second bathroom and an unpermitted rear deck; the agency's records show an over‑the‑counter permit was issued and later suspended.
After hearing testimony, the board discussed procedural complications, including prior planning commission discretionary review and the effect of owner‑move‑in eviction tracks. Commissioners ultimately voted 4-0 to uphold the permit on the basis it was properly issued as a permit to comply with a notice of violation, leaving remedy and enforcement steps to DBI and other forums where appropriate.
The board’s decision preserves the departmental determination but does not foreclose future enforcement or separate legal actions related to eviction or relocation procedures.
