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Board upholds DBI permit allowing removal of Polaris Way deck over tenant'landlord dispute
Summary
The San Francisco Board of Appeals voted 3-2 to uphold a Department of Building Inspection permit that allows a property owner to remove an unpermitted rear deck at 314 Polaris Way after a tenant appealed, citing health and accessibility needs and alleging retaliation. Commissioners expressed sympathy for the tenant but cited limited jurisdiction and existing remedies.
The San Francisco Board of Appeals on the evening heard Jonathan Gerson's protest of a DBI-issued permit to remove a rear deck at 314 Polaris Way and voted 3-2 to uphold the permit.
Gerson, who said he is undergoing chemotherapy, told the board the dwelling has multiple habitability problems — asbestos, electrical issues, and a loose guardrail on a rear deck — and that he relies on the deck for access and fresh air. He accused the property manager, Jack McCloskey, of retaliation after he filed complaints with DBI and said he was told by the landlord to "go f myself" when he sought repairs. He said removal of…
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