Board trims DBI penalty for illegal unit, reduces multiplier to four times

The San Francisco Board of Appeals on May 20 reduced a Department of Building Inspection penalty imposed on a homeowner who constructed an unpermitted lower‑floor unit. DBI had imposed a nine‑times penalty for work done without a permit; after hearing from DBI inspector Lawrence Kornfield and the homeowner, the board voted 4–1 to lower the multiplier to four times the regular fee.

Kornfield told commissioners DBI received a complaint in January 2009 and an inspector found an illegal lower‑floor unit. The owner subsequently obtained a permit to remove the kitchen and partition walls in March 2009. Kornfield said the case did not meet DBI's criteria for an administrative reduction and therefore warranted board consideration. "This work was apparently done by the current owner and in this case, an illegal unit was built in the lower floor," Kornfield said.

The homeowner acknowledged the mistake and described the cost of compliance — including relocation fees for tenants and repairs — and pleaded financial hardship. She said she had obtained the necessary permit and paid an initial penalty but asked the board for a reduced multiplier. Several commissioners cited precedent and the frequency with which homeowners pay penalties without appearing before the board. After discussion, including suggestions of intermediate multipliers, the board voted 4–1 to reduce the penalty to four times the regular fee.

The board directed staff to issue the formal order reflecting the reduction and specified that the owner remain responsible for complying with DBI’s remediation and relocation requirements.