Board conditions stair-repair permit on tenant notice after repeated owner–tenant dispute
May 15, 2024 | San Francisco City, San Francisco County, California
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The Board of Appeals granted an appellant’s request to condition the stair-repair permit at 472 Union Street on tenant notice and oversight following an extended conflict between a tenant (Mark Bruno) and the property owner, Gianpaolo Boschetti. The Board recorded the action as a conditional grant (work may proceed provided the owner posts a written notice to tenants at least 48 hours before work begins) and voted 4-0.
Mark Bruno appealed a March 1 permit authorizing repair of a rear stairway, arguing the owner repeatedly performed work without required notice and continued work after the permit was suspended. Bruno said work continued on Saturday while the permit was suspended, leaving incomplete guardrails and banisters and creating safety and nuisance issues for tenants. He asked the Board to require the owner to give the statutorily required notice for stairwork that affects exits.
The owner's counsel and a long-time tenant supported the repairs: counsel said the owner is attempting to remediate dry rot and maintain affordable housing, contractors reported the permit was pulled and then suspended pending this hearing, and DBI confirmed the permit had been issued and that suspension follows when an appeal is filed. DBI also said if work affects an exit during construction, contractors must leave exits in a usable state at the end of each workday or provide a fire watch.
After hearing from tenants and the owner’s representative, the Board found that ensuring tenants receive clear notice before work begins is reasonable and will facilitate safety and allow tenant coordination. The Board granted the appeal conditionally: the owner must post written notice 48 hours before work begins for each work period covered by the permit. Commissioners also encouraged better owner communication with tenants and closer inspector oversight in subsequent steps.
Next steps: Owner to post 48-hour tenant notice before work begins; DBI will continue enforcement and inspect work under standard permit procedures.
Mark Bruno appealed a March 1 permit authorizing repair of a rear stairway, arguing the owner repeatedly performed work without required notice and continued work after the permit was suspended. Bruno said work continued on Saturday while the permit was suspended, leaving incomplete guardrails and banisters and creating safety and nuisance issues for tenants. He asked the Board to require the owner to give the statutorily required notice for stairwork that affects exits.
The owner's counsel and a long-time tenant supported the repairs: counsel said the owner is attempting to remediate dry rot and maintain affordable housing, contractors reported the permit was pulled and then suspended pending this hearing, and DBI confirmed the permit had been issued and that suspension follows when an appeal is filed. DBI also said if work affects an exit during construction, contractors must leave exits in a usable state at the end of each workday or provide a fire watch.
After hearing from tenants and the owner’s representative, the Board found that ensuring tenants receive clear notice before work begins is reasonable and will facilitate safety and allow tenant coordination. The Board granted the appeal conditionally: the owner must post written notice 48 hours before work begins for each work period covered by the permit. Commissioners also encouraged better owner communication with tenants and closer inspector oversight in subsequent steps.
Next steps: Owner to post 48-hour tenant notice before work begins; DBI will continue enforcement and inspect work under standard permit procedures.
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