Within that framework. It is not until i get the letter from mr. Patterson on november 13th. I was informed this was a definite offer with termed and we had rejected those terms. None of that is true. That is important. I agree with you. The timeframe to make a decision is very difficult. I certainly wouldnt do it. I am in agreement that timeframe was a bit too short. That one issue. We now can understand this is something that could be acceptable to your client if presented correctly and if it takes the boxes for them to make that decision, correct . That is true, yes. The fact that i have now been informed the unlawful retainer action is dismissed, it takes pressure off the time pressure from that standpoint. To your point earlier which i would be very cog an cognizant. Would they like to move back into that building when it is done and live like the they havr 40 years, i believe . She understands there might be because we are aware of the big picture here, substantial rehabilitation they wantheywant to have going, extrs in the garage and staircases from the top to the bottom floor so the place that we originally started when we were negotiating is that since the middle floor is already gutted, if they finish that and they dont have to put in granite countertops, but if they finish that the family would move down stairs and have the top and bottom floor unit to put the roof deck in and extra rooms in the basement and make the 11 room unit they are looking for. I get that, but i still go back to my position. No one has seen the drawings of the work to be done. That is going to be a hardship on that family. As a contractor i wouldnt want to do that job with a Family Living in a building like that. That is just me. I. Ei see that as a stretch. I know you are not questioning that, but we talk about that here. I see that as a real problem for the family. I will always take that point of view. My end game, and i am sure the commissions end game is a fair and equitable outcome that works for everybody. Since you havent rejected mr. Pattersons original idea, the other part this could be that they move back in there, like commissioner walker was saying when this was remodeled as part of the agreement. What they want is could we get that. That could be part of it, too. We are putting everything on the table. Would h we are available to talk. Miss long. Good morning. I am jackie long. I have resided at 109 pierce street for 40 years. It is my home. I would like to stay there. No, i dont own it. I rent it. The issue is my expanded family. My daughter is mentality disabled, my soninlaw is physically disabled and they have a 9yearold son. My presence is required in the home to just try to keep the waters calm for the 9yearold. My adopted 23yearold sons also lives there. The issue is i need at least a three bedroom house and space for my family. The unit i looked at even though i was ill, it was nice. I liked it. The problem, the open kitchen. There is insufficient space to store foodstuffs and cooking utensils for a family of three stay at home people, income is limited, budget would go up 90 to 100 be per month just for transportation because we cant carry food on the muni, which means we would have to use a taxi. That is not feasible, and the kitchen is so tiny that if you are preparing a peopl a meal, it go in to make a cup of coffee. Thus, the refusal of the unit. Everything after looking at the unit are things i am learning of. Never received a firm offer, and lastly, i would like to address the issue of my sunglasses. Due to years of diabetes, i am experiencing bleeding in the eye. For the last 11 months i have received an injection in my right eye. As timing will have it, i had it yesterday afternoon. Hence, the sun glasses. Thank you for your attention to this matter. I addressed you last month. I am back. I did take ms. Long to look at the unit. I drove her over there. She was sick and i was leaving to go out of the country. I want to to respond. The generous offer of 100,000. I did the math. 100,000 rent supplement would cover them for about 18 months of rent in San Francisco at this point. What are they to do after the 18 months . The other thing i wanted to address since i am the next door neighbor is the ridiculousness of the building leaning. I have intimate knowledge of that building. It is identical to my building. I have knowledge of the dutch gutter. The building is not falling over. It needs work, but this exaggeration is ridiculous. I do want to get on to what i wanted to get on to having been the neighbor for 26 years. I have been to weddings, funerals, they are one of the last remaining africanamerican families in our neighborhood. I didnt need this project and i took it on and filed the original appeal because i was so outraged about them coming in. I want to remind you, jackie long didnt contact d. B. I. The owner contacted d. B. I. To get violations to wave in her face. He didnt count on her being smart and didnt count on a snarky neighbor to get involved which everybody should count on a snarky neighbor in San Francisco. I have been there and watched her raise three children then she raised her husbands grandson. Now she is raising a 9yearold. Her daughter is seriously disabled. I know this from what i have witnessed first hand. Her own significant disabilities trying to do what is right by her grandson. I will leave one last thing. How much profit does someone have to make. They can accommodate them and make a profit on this building. Thank you. Any further Public Comment . Public comment is closed. Is there rebuttal . Commissioner walker. This is a hard one because. We will do rebuttal for the department first, im sorry. Department has rebuttal . Thank you, chief housing inspector. This case touches on a lot of different dynamics in the city right now. Real estate speculation replacement of people from an africanamerican neighborhood. Our deadline for the work to be completed was september of last year so we are 14, 15 months out. I have been to five hearings now. Simple request. All we ask is the order of abatement. Thank you. Appellant. Thank you. I want to start by thanking ms. Long for speaking. I think that was helpful to understand and hear directly from her, especially what her concerns were about the unit that was offered, and i really am sympathetic, i think we are all to the challenges that she faces here. The owner also has a set of challenges with the building. It sounds like there was a misunderstanding with the offer of that unit. These were phone calls between my partner and her attorney. I wish i had been in hawaii with him, but i was not. The fact of the matter is ms. Long confirmed they rejected that unit. Adding more items to that offer, you know, i dont know what they wanted in terms of a firm offer. It was offered and rejected. It sounds like it was rejected because of inadequate Storage Space for food and utensils. Food storage is an important thing. I wonder if maybe we could add a cabinet to the unit to help with that. You know, if that separates the parties from agreement, i have got to believe there is a way to find agreement there. The issue around timing with that, i appreciate that she came out after a couple days to look at it. The units dont stay on the market that long. As everyone familiar with real estate in San Francisco knows, things move quickly and opportunities with a unit affordable at 849,000 asking price is something that doesnt last for long. I dont know if it is still available. If so, lets talk quickly. The 100,000 offer that the neighbor mentioned to clarify is stated in our letter. We would be willing to offer up to 100,000 of rent subsidy so that ms. Longs recent would not go up even though she is getting a three bedroom two bath condo with private patio. It is a nice place. That amount of money would presumably cover plenty of time for her to obtain section 8 rent subsidies or public assistance so we can pencil out this deal. My request at this point is to the tenant lets find a resolution. To the commission, to the board, an order of abatement should not stand where the owner does not have the ability to solve these problems while the tenant is still in possession. We ask it be returned to staff. I offer to return to mediation at next available date with Andrew Wesley if the tenants attorney will accept that. Thank you. Commissioners. Commissioner walker. I know it is simple in one way but difficult in another when these cases come to us. What we do change is the dynamic of it. My fear is no matter what we do that the tenant is not going to be served, and after we do our hearing whatever else happens is sort of we lose the ability to do this. I want to thank the staff at housing for bringing this forward. These are important issues, and i think that it has been really helpful to illuminate what is going on. I mean we deal with this a lot in many of the cases we see where there is unintended consequences to fix the cure the notices of violation other issues that come up in trying to resolve that realizing that the owner did more work to find the problem. I mean, clearly, we know when there is mold and leaks, there is a reason for it. I am not a Structural Engineer. Maybe they can weigh in. I cant address what the plans that were submitted, i cant address whether that is appropriate or not. It is the case of what the owner of the building wants to do. That is out of our jurisdiction, whether or not that goes forward. What we have before us is a notice of violation that is re real. The solution that has been put forward by the Property Owner is way more extensive than that, than the immediate cure or simple cure for the violations. But it doesnt change the fact that the violations are there and still not fixed. You know, i dont think that there was any error in issuing the order of abatement at all. If we had a solution coming forward that just addressed those issues, we wouldnt be here, but that is not what is going on. I want be to make sure that whatever we do ends up not hurting the tenant and that it doesnt three months from now when all of this other stuff is resolved, all of a sudden she is on the street without a place to live with her family, that is a failure of our system. I want to encourage a resolution to this, and i appreciate that what you are telling us on both sides there is a willingness to do that. I wouldtend, and i am willing to discuss this that may be we uphold the order and hold it in abeyance as long as we can and there will be a resolution one way or another to go forward after that. There is a resolution and the Property Owner can do their work within that timeframe or not. It is what we are dealing with. Those are the facts. There is violations, there is no clear proposal to fix it except as to a larger solution, and that creates problems that create the delay. I would like to hear about other solutions. May i ask the City Attorney what options we would have as commission in terms of uphold be and holding it in abeyance. Yes, the commission could hold it in abeyance for 18 months if you find no life safety hazard. Is there alive safety issue . Apparently not or we would know about it, right . I guess if the foundation needs leveled. It would be helpful to know what the status of that is. Let me clarify. The code provides that the language the code uses is abatement appeals board finds not a serious and implement hazard it can be held in abeyance for a period of 18 months. Inspector is it your opinion there are serious hazards here . Structurally there was a concern about the second means of egress which they have obtained a permit to temporarily do repairs. Those repairs have been done . Temporary. Our main concern we are not experts, but our concern is Environmental Issues such as the severe mold formation in the tenant occupying the bedrooms and kitchens and so on. That will be a concern of us. Here we have some pictures taken on november 18th. I will have christina explain what we are looking at. Hi, i went over to the unit on november 18th to take a look at the work to see if everything was completed or fixed, and in one of the bedrooms, i found there is still peeling paint on the wall, as you can see here, and mold. Is that a window silthat we are looking at. Yes, a window sil. On the right side i took a photo of this because this is right under the stairway they temporarily fixed, and this is the dry rotted wood that is upholding that stairway. Is that consistent with the drawings on the permit or a description in the permit . That is in the description of the permit. Next, this wall right here, there is mold and peeling paint. This is also in the same bedroom where i was showing the window. This is the part of it as well. Would you describe this as imminent danger . What we are trying to figure out if we can give time for a solution to play out as there is an active abatement pending. Stairs are typically a serious hazard. That item is still outstanding. There is a temporary fix. The item is serious. Is it okay right now . From is a temporary solution, but the item is not closed. I get there. Is there imminent danger. There is a temporary fix that we do not consider a serious imminent hazard. Your opinion on the mold issue, do you consider that alivesafety hazard. Yes, i consider it a health hazard. This mold right here in the kitchen is where the tenants are using their dishes and washing them. It is right above them. Not only that, they have a nineyearold child in the unit and he is breathing this. I get that it. In the legal sense at the moment we do not have serious imminent hazard. These are not permanent solutions. I got it. Perfect. Thank you. When you went out, did you have a chance to observe the temporary fix on the tarping of the roof . Yes, i did, and that tarp was actually halfway blown off of the roof. Unfortunately and i apologize, i wasnt able to take photos for that. I am more than happy to do that the next time. That tarp, basically, is a blue tarp and nothing is holding it down. There is no tape around it, and because of wind or whatever weather issue, it has blown off halfway. What was identified by the tenant as one of her primary concerns that it is a persistent problem, the fix that was put into effect, in your opinion, is completely inadequate . Right. I agree with that. It is inadequate because if there has been rain, that season is coming, and that part is right above the tenants room. [please stand by] so i think that all parties need to come and i dont know i feel like we cant we cant tell the Property Owner what to do. This is what they cant to do iwant todo in response to bug the building and owning it in the future and fixing it up. And Old Buildings need fixing up, and i dont think we have the ability to limit what people do. Until we do, were hamstrung. So i would make a recommendation to uphold the order of abatement. I think that the fee issue is one that im not sure it is fair to keep charging fees if there is actually a resolution process going on. So we should talk about that. I dont know maybe president commissioner m mccarthur. I concur with how youre trying to frame this. Okay. I believe thats where we should go if we cant try another possible scenario here. Im not trying to complicate it. But it was very helpful mr. Lang to be here, and thank you for coming, to hear your testimony, and to your neighbor, who has your back, i do agree with everything you said there as well. So it is good that you guys are working well together and protecting each other like Good Neighbors in this town. We dont see too much of it often, so i commend you for that. I know we talked last week, and we had made a statement we would give it one month to try to resolve this, and i really believe that that is kind of my line on this issue, but ive heard two things today. First of all, mr. Duran came here today and kind of laying out how he felt the negotiations went, and open they are to further negotiations, and that was important. And mr. Pattersons point of view that he really doesnt want this to be upheld because it affects the overall Business Plan for his client, and i get that as well. So the question is, is mr. Graham forgive me if this is inappropriate or appropriate i would be interested to hear what your position would be. I have just one question for you, where you would weigh in on commissioner walker, to your point, if we were to, lets say, not uphold it here today and send you guys back together to talk further, and honoring kind of both parties, really. One is, obviously, you need more time and exploration on a possible settlement, based on the last settlement, which i thought it was a good step forward. Obviously it has to be vetted. And mr. Pattersons position that he would rather not have this upheld today and give us more time to work out a deal, that works for everybody. What would your feelings be on that . Well, to be blunt, were going to be working on a deal no matter what happens here today. We think that the notice of violation should be upheld because it has been over a year, you know. Justice becausjust because theye better plans for this building later on, it doesnt mean they couldnt have been taking care of the mold and things like that. Im going to assure the board, were going to still be talking no matter what happens here today because no matter what happens here today, there is still going to be that elephant in the room, that isnt going to go away. So we will be talking no matter what. Okay. I guess im just trying to keep everybody at the table, but us upholding the abatement today, which, obviously, i believe we could do, no problem, based on commissioner walkers proposal im just trying to think im trying to keep everybody kind of even play, you know. But to your point, your position is you would like to see the abatement upheld here today . We would, because as far as were concerned, the only testimony that you have that directly goes to it is the citys own experts, who have been out there and say the work has to be done, and it can be done with the tenant in place. Okay. And we have hearsay evidence from the owner saying his contractor wont do it, but the contractor is not here, so we dont know what that contractor would say. Okay. So i think mr. Patterson thinks the right thing to do is to not uphold it, and i think the right thing is to follow the citys process and uphold the citys laws and get the owner to start working on fixing serious violations that have been outstanding for over a year. Thank you. But i do want to ensure the board, were going to be talking, whatever the decision is here today. Our involvement is not going to end. Were going to still be involved and working at the longterm resolution of the tenant matter. Mr. Patterson thank you. I want to get both statements in and then we can make a decision. Mr. Patterson, how important is it to you that we lets say, for exa