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Tenants press board over months‑long bathroom absence; Appeals board upholds stairs permit

San Francisco Board of Appeals · January 18, 2012
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Summary

Tenants at a Spruce Street building told the board they have waited months without a functioning bathroom and raised lead‑paint and contractor concerns; the Board of Appeals upheld the building stairs permit 4–0 while urging DBI to monitor timely, safe completion and noting housing‑inspection follow up.

Tenants from a multi‑unit building on Spruce Street urged the San Francisco Board of Appeals on Jan. 18 to deny a permit to replace rear stairs until the landlord resolves an outstanding tenant bathroom issue and lead‑paint remediation. After hearing tenant testimony and receiving assurances from the owner's attorney and DBI, the board voted 4–0 to deny the appeal and uphold the permit for the stair replacement while urging DBI and housing inspectors to monitor timely, safe completion.

What tenants said: Tenant speakers described living without a working bathroom for months and alleged prior unpermitted or incomplete work by the owner’s contractors. Tenant Jackie Groyo told the board she had been without a bathroom for eight months and that housing inspection had visited but that the rental‑board process had not restored services. Francis McDonald and others asked the board to make permit approval contingent on completing the bathroom and addressing lead‑paint hazards.

What owners and DBI said: Mark Epstein, attorney for the owners, and architect Paul Okamoto said the stairs replacement has full permit drawings and a contracted, lead‑certified contractor; Epstein said the owners offered compensation to the affected tenant to facilitate temporary relocation while remediations proceed. DBI Senior Building Inspector Joe Duffy said the permit package was complete for stair replacement and emphasized that stairs are a life‑safety element; the department said a permit is typically valid 12 months and that the NOV (notice of violation) process could be used to compel timely completion if necessary.

Board action and rationale: Commissioners emphasized life‑safety concerns for egress and the need for DBI and housing inspection services to follow up on bathroom and lead‑paint issues. The board concluded the stair replacement permit was code‑compliant and the work should proceed under DBI monitoring; it denied the appeal 4–0.

What happens next: DBI indicated it can escalate enforcement through code‑enforcement hearings or abatement if the work is not completed in a timely way; commissioners urged the department to coordinate with housing inspection on the tenant’s bathroom and lead‑paint complaints.

Representative quote: "The permit is upheld on that basis," President Michael Garcia said after the roll call.