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Board upholds remodeling permit but imposes tenant-protection conditions in dispute at Seventh Avenue duplex

Board of Appeals · December 6, 2006
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Summary

After tenant concerns about scope, timing and access, the Board of Appeals upheld a remodeling permit for 2207–229 Seventh Avenue but required the landlord to restore plumbing fixtures within two weeks, complete other work within 60 days, provide 48-hour notice of shutoffs, arrange alternative parking for one car, and limit rent-control pass-throughs to the DBI bathroom-remodel valuation.

The Board of Appeals on Dec. 6 resolved a tenant-landlord dispute over an approved permit to alter a two-unit building at 2207–229 Seventh Avenue by upholding the permit with explicit tenant-protection conditions.

Appellant tenant representatives said they had not received plans and worried the permit allowed broad internal demolition and a long work schedule that could make the unit uninhabitable. They asked for more time to review plans and for limits on scope and duration. Permit-holder counsel Jeremy Paul provided photos of structural decay beneath an upper-unit bathtub and said plumbing and mold remediation required gutting and plumbing replacement; he proposed scheduling and notice conditions and said the landlord would limit disruptive work in the tenant's unit and complete plumbing-related work rapidly.

Commissioner Holland moved to uphold the permit with conditions negotiated during the hearing. The board’s conditions included: plumbing fixtures restored within two weeks after DBI lifts any suspension; all other permitted work to be finished within 60 days; 48-hour notice for any utility shutoffs; landlord to arrange an alternative parking space for one vehicle during construction; and any rent-control pass-through limited to the DBI valuation schedule for a bathroom remodel ($6,315.21). The motion passed unanimously.

The board required the permit holder to provide the appellant a copy of the plans and requested that DBI issue the formal notice of decision to lift the suspension and allow work to proceed under the specified limitations.