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Board continues rehearing request in Grama remodeling dispute until after rent‑board proceeding

San Francisco Board of Appeals · September 14, 2011
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Summary

The board continued a rehearing request by Jackie Grama over remodeling and habitability concerns at 343–344 Spruce Street to Oct. 5, 2011, and advised the parties to pursue a parallel rent‑board process; the board said jurisdictional and compensatory issues may be better addressed by the rent board.

The San Francisco Board of Appeals voted to continue a rehearing request by Jackie Grama concerning a remodel and alleged unsafe demolition at 343–344 Spruce Street until after the related rent‑board proceeding.

Grama said demolition work left her unit without a functioning bathroom and cited a new notice of violation from the Department of Public Health for elevated lead levels and a weekend sewer backup. "They lied also in the declaration...I drove by them," Grama said, describing what she characterized as harassment leading to constructive eviction.

Counsel for the permit holder said the permit complies with applicable law, that some work (including one completed bathroom) had been finished and that relocation would be triggered only by an eviction. Board members debated whether compensation or relocation obligations are for the rent board to decide and whether new facts were offered that warranted rehearing before this board.

After discussion and a vote, the board moved to continue the rehearing until after the rent‑board proceeding and tentatively set the date for Oct. 5, 2011. Commissioners noted parties could request rescheduling if the rent‑board outcome arrived later.