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Board stays enforcement on Noe Street illegal‑unit case to avoid tenant displacement

San Francisco Board of Appeals · June 20, 2007
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Summary

The Board placed the enforcement of a demolition/permit action affecting an HOPWA‑subsidized tenant at 213–215 Noe Street on the call of the chair to avoid immediate displacement while DBI and the parties explore options.

The Board of Appeals put a Department of Building Inspection enforcement action concerning an alleged illegal unit at 213–215 Noe Street on the call of the chair on June 13, effectively staying immediate enforcement to avoid displacing a tenant who receives HOPWA housing assistance.

DBI’s Lawrence Kornfield said the department’s abatement file concerns the existence of an illegal third unit in a building otherwise permitted for two units. Tenant advocates and counsel for Ken Herrera described the tenant’s subsidy, low rent and limited relocation options; the landlord/permit holders said they do not oppose the appeal and do not seek immediate displacement.

By agreement the board placed the matter on the call of the chair to preserve the tenant’s occupancy while DBI and counsel explore technical and administrative remedies. The board noted prior practices of suspending enforcement or managing permits administratively where displacement would cause severe hardship.