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Board grants jurisdiction for late appeal on 254 Beverly Street after tenant raises habitability and notice concerns

Board of Appeals for the City and County of San Francisco · April 9, 2008
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Summary

The Board of Appeals granted jurisdiction over a late appeal for a permit at 254 Beverly Street after tenant advocates argued the tenant learned of the permit only when served with a 60‑day termination notice; the board gave the appellants 15 days to file a formal protest appeal.

Michael Hall, representing tenant Ricky Bates, told the Board that Bates had occupied the unit at 254 Beverly Street for 10 years and learned of the property owner’s permit only after receiving a 60‑day notice of termination in mid‑March; Hall said the tenant’s heat had been removed and argued notice of the permit arrived too late for a timely appeal.

Planning department staff (Tina Tam) told the board that under planning rules some renovations within the existing building envelope do not require formal notification, and that the permit appeared to be for renovation rather than a legal change of use. Commissioners discussed equity, the differences between remodeling and demolition notices under the rent ordinance, and possible continuances to negotiate more time for relocation if jurisdiction were granted.

Commissioner Tanya Peterson moved to grant the jurisdiction request on equity grounds to allow the tenant to pursue a protest appeal; the motion passed unanimously among commissioners present (4–0). The board ordered Mr. Hall and his client to file a formal protest appeal within 15 days to stay the permit while the appeal is considered.

The board’s jurisdiction grant does not itself vacate the permit, but if a formal appeal is filed the permit will be stayed pending that process, giving Bates’ representatives an administrative pathway to seek relief or further negotiation with the property owner.