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Board of Appeals grants jurisdiction in Villa Terrace eviction dispute after tenant alleges improper permit use
Summary
The San Francisco Board of Appeals voted to take jurisdiction over a dispute at 20 Villa Terrace after the tenant alleged the permit to remove an "illegal unit" was used to evict him; the board gave the tenant 15 days to file a formal protest and set a provisional hearing date if an appeal is filed.
The San Francisco Board of Appeals voted to grant jurisdiction in a contested permit and eviction dispute at 20 Villa Terrace, saying it will review whether permits used to remove a unit were properly issued. On a motion from Vice President Michael Garcia, the board voted to grant jurisdiction and gave tenant George Gomes 15 days to file a formal protest; the matter will be scheduled for further proceedings if he appeals.
The decision followed testimony from the permit holder, Peter Quintana, and from tenants and advocates who said the permits were used to remove an occupied unit. Quintana told the board the permits he obtained were issued "to remove an illegal unit" and that demolition work had been completed and signed off. Tenant George Gomes said he was evicted the day after the board's earlier hearing and told the board, "I currently do not have a place to live and do not have any prospects in the foreseeable future." (Gomes spoke as a resident of 20 Villa Terrace.)
Tenant advocates described what they said were failures in the permit process that deprived Mr. Gomes of time to relocate. Scott Moore, who said he was representing Gomes in part, told the board the eviction "overrode the intention of this board" to preserve the tenancy temporarily and argued the permit application contained material inaccuracies that warranted review.
DBI (Department of Building Inspection) staff said their records showed no notice of violation on file and that their system listed the property as a single-family dwelling, but acknowledged a permit in the records calling for a sleeping room and bathroom on the garage level and said more historical research would be needed.
Commissioners debated whether the claims presented constituted new evidence or only re-argued points that had been available earlier. Vice President Garcia said the late filing and the particular circumstances warranted jurisdiction. The board granted jurisdiction 4-0, and the chair told Gomes he had 15 days to file a protest; if he does, the matter was to be scheduled for November 14.
The board's action does not itself decide whether the permit was valid or whether the eviction was lawful; it authorizes the board to accept and consider an appeal on the permits and, if one is filed, to suspend permit activity while it hears the matter.
