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SAN FRANCISCO

PLANNING DEPARTMENT

NOTICE OF ENFORCEMENT 1650 Mission st


SUile400
November 8, 2017 San Francisco,
CA 94103-2479
Reception:
l1roperty Owner 415.558.6376
William C & Silvia F Rodriguez Trust
Fax:
712Midway Avenue
415.558.6489
Daly City, CA 94015
Planning
lnformalion:
Site Address: 2966 24th Street 415.556.6377
Assessor's Block/Lot: 4206/017
Zoning District: NCT, 24th-Mission Neighborhood Commercial Transit
Complaint Number: 2017-012831ENF
Code Violation: Sections 171and174: Unauthorized Change of Use
Section 317: Loss of Residential Units
Administrative Penalty: Up to $250 Each Day of Violation
Response Due:. Within 15 days from the date of this Notice
Staff Contact: Jonathan Purvii;, (415) 558-6354, jonathan.purvis@sfgov.org

The Planning Department has received a complaint that a Planiling Code violation exists on the above
referenced property that needs to be resolved. As the owner and/or leaseholder of the subject
property, you are a responsible party. The purpose of this notice is to inform you about the Planning
Code Enforcement process so you can take appropriate action to bring your property into compliance
with the Planning Code. Details of the violation are discussed below:

DESCRIPTION OF VIOLATION
Our records indicate that the subject property is currently authorized for an auto repair garage and
retail sales and services. The violation pertains to the conversion of the garage and secpnd floor of the
building to residential use by partitioning the building into 20 or more group housing units without
such authorization.

Pursuant to Planning Code Section 763, legalization of residential uses on the ground floor requires
Conditional Use Authorization.

Pursuant to Planning Code Section 208, group housing units at this location are limited to one
bedroom per 415 square feet of lot area, or up to six rooms for this 2,5% square-foot lot.

Pursuant to Planning Code Section 317, conversion of existing residential uses (legally permitted or
not) to non-residential uses requires Conditional Use Authorization.

Pursuant to Planning Code Section 171, structures and land in any zoning district shall be used only
for the purposes listed in this Code as permitted in that district, and in accordance with the
regulations established for that district. Further, pursuant to Planning Code Section 174, every
condition, stipulation, special restriction, and other limitation under the Planning Code shall be

www.sfplanning.org
.P::ltllllllll•. 415.575.9810 I PABA IHFORLtAClll!I EN ESPAllOL UAl.IAR Al: 416 5759010 • PARA SA IMPllAMASYOH SA TAGALOG TUMAWAO SA: 415.575.9121 : WWw.sfl'L\NtllHll,DRO
2966 24th Street Notice of Enforcement
Complaint No.: 2017-012831ENF Novembers, 20l7

complied with in the development and use of land and shuctures. Failure to comply with any of
Planning Code provisions constitutes a violation of Planning Code and is subject to the enforcement
process under Code Section 176. ·

On October 5, 2017, the Planning Department sent you a Notice of Complaint to inform you about the
complaint. You did not contact the Planning Department to respond to this notice.

On October 12, 2017, the City's Code Enforcement Task Force inspected the Subject Property and
confirmed the violations.

HOW TO CORRECT THE VIOLATION


The Planning Department requires that you immediately proceed to abate the violation by filing for a
Conditional Use Authorization to convert the building to a use that is legal. This may be up to six
group housing units or non-residential uses permitted under Planning Code Section 763. The
Conditional Use Authorization Application is available from the Planning Department's website at
http://www.sf-planning.org. H the Conditional Use Authorization is granted, you will also need to
obtain a Building Permit.

The responsible party will need to provide adequate evidence to demonstrate that either no violation
exists or that the violation has been abated. Please provide evidence including approved permit and
plans, photos, lease copies, etc. A site visit may also be required to verify compliance.

You may also need to .obtain a building permit for change of use and any alterations done at the
property. Please contact the Department of Building Inspection (DPI), 1660 Mission Street, San
Francisco, CA 94103, telephone: (415) 558-6088, website: www.sfgov.org/dbi, regarding the Building
Permit Application process. Please visit the Planning Information Counter located at the first floor of
1660 Mission Street or website: www.sf-planning.org for any questions regarding the planning
process.

TIMELINE TO RESPOND
The responsible party has fifteen (15) days from the ciate of this notice to contact the staff planner
noted at the top of this notice and submit evidence to demonstrate that the corrective actions have
been taken to bring the subject property into compliance with the Planning Code. A site visit may also
be required to verify the authorized use at the above property. The corrective actions s~l be taken as
early as possible. Any unreasonable delays in abatement of the violation may result in further
enforcement action by the Planning Department.

PENALTIES AND APPEAL RIGHTS


Failure to respond to this notice by abating the violation or demonstrating compliance with the
Planning Code within fifteen (15) days from the date of this notice will result in issuance of a Notice
of Violation by the Zoning Administrator. Administrative penalties of up to $250 per day will also be
assessed to the responsible party for each ~y the violation continues thereafter. The Notice of
Violation provides appeal processes noted below.

SAii FRANCISCO
PLANNING DD"ARTMIENT
2
2966 24th Street Notice of Enforcement
Complaint No.: 2017-012831ENF November 8, 2017

1) Request for Zoning Administrator Hearing. The Zoning Administrator's decision is appealable
to the Board of Appeals.
2) Appeal of the Notice of Violation to the Board of Appeals. The Board of Appeals may not
reduce the amount of penalty below $100 per day for each day the violation exists, excluding the
period of time the matter has been pending either before the Zoning Administrator or before the
Board of Appeals.

ENFORCEMENT TIME AND MATERIALS FEE


Pursuant to Planning Code Section 350(g)(l), the Planning Department shall charge for 'Time and
Materials' to recover the cost of correcting Planning Code violations and violations of Planning
Commission and Planning Department's Conditions of Approval. Accordingly, the responsible party
may be subject to an amount of $1,351 plus any additional accrued time and materials cost for Code
Enforcement investigation and abatement of violation. This fee is separate from the administrative
penalties as noted above and is not appealable.

OTHER APPLICATIONS UNDER CONSIDERATION


The Pl~g Department requires that any pending violations be resolved prior to the approval and
issuant~ of any new applications that you may wish to pursue in the future. Therefore, any
applications not related to abatement of the violation on the subject property will be placed on hold
until the violation is corrected. We want to assist you in ensuring that the subject property is in full
compliance with the Planning Code. You may contact the enforcement planner as noted above for any
questions.

cc: Patrick O'Riordan, DBI


Michael Weiss, CAT

S-'N FRANCISCO
PLANNING D-ARTMENT
3
- f 1

San Francisco Fire Department


Division of Fire Prevention & Investigation Daniel de Cossio, Fire Marshal

November 20, 2017

San Francisco Relocation Appeals Board


Attn: Eugene T. Flannery, Secretary
1 South Van Ness Avenue, 5tli Floor
San Francisco, CA 94103

Re: Fire Department Relocation Benefits Determination


2966 24th Street, San Francisco, CA 94112
Assessor's Block 4206, Lot 017
Residential Units on Mezzanine and First Levels

Dear Secretary Flannery and Members of the Relocation Appeals Board:

Please accept this letter and the attached Declaration of Fire Marshal Daniel de Cossio in response to
the appeal lodged on October 19, 2017 by Mr.-Francisco Gutierrez, Esq. on behalf of Silvia Rodriguez,
trustee and owner of above referenced property, ("owner" or ''property owner") of SFFD's Relocation
Benefits Determination (''RBD") for displaced residents of 2966 24th Street, San Francisco.

As explained herein, the RBD complies with State law and should be upheld as issued.

I. Factual Background.

On 8/11/17, SFFD received a complaint regarding the property at 2966 24th Street (property).
The complainant asserted that the property is a fire hazard with inadequate exiting and illegal
occupancy.

In response to the complaint, SFFD completed a series of inspections. SFFD noted the following
findings:

);;> The property is zoned and permitted for commercial use only
:>;>- The property contains 27 single residential room units located on ground floor and mezzanine
levels with a common kitchen on the mezzanine level
:>;>- The residential units and mezzanine level were constructed without permits
);;> The residential units are neither legal, nor built to code
);;> The following code violations have been noted:
o Code Requirement: Two Exits Required - Existing: One Exit
San Francisco Fire Deparbnent
Division of Fire Prevention & Investigation
698 Second Street, Room 109 San Francisco, CA 94107
Office (415) 558-3300 Fax (415) 558-3323
San Francisco Fire Deparbnent
Division of Fire Prevention & Investigation Daniel de Cossio, Fire Marshal

o Code Requirement: Rescue Windows in All Sleeping Areas - Existing: 1 of 27 rooms


have rescue window
o Maximum travel distance to exit discharge is exceeded:(75 Feet common path of travel;
125 feet to exit discharge if fully sprinklered building) '
o Illegal Exiting: There are tw-0 units that exit through the kitchen

Please see detailed chronology of outreach and inspections at the property below.

A. Fire Complaint Inspections:


• Inspector Reilly, 08/24/17, 14:00 - 14:30 Hours: No access. Left notice to contact SFFD.

• Inspector Reilly, 08/31/17, 16:00 - 16:30 Hours: Second attempt to gain entry. No access.
Left notice to contact SFFD:

• Inspector Reilly, 09/07/17, 14:00 - 15:00 Hours: Conversation with business owner Jose
Gonzales. He states that this is a storage business and that people started living in the storage
units. I inspected about 4 units that belong to him but he did not have keys to the rented spaces.
I advised him that I needed to se:e the spaces to determine whether people are liVing there or
not. I shall re-inspect when he has access to all units.

• Inspector Reilly, 09/12117, 15:00 - 15:30 Hours: Business owner did not show for
appointment. Shall re-schedule inspection.

• Inspector Reilly, 09/14/17, 08:45-09:15 Hours: Metwith business owner Jose Gonzales.
Was able to .gain entry to property and inspect all storage units. Did not visualize anyone in the
storage spaces but many units were set up as if people have been living in them. Th~ units are
set up with beds, televisions, and dressers. Pictures are loaded into the Fire Protection Systems
database. The business owner states "possibly" that people are living there. The space behind
the roll up door looks as though it was built without permits. The building does not have an
alarm panel or sprinklers and there is no second means of egress. There was only a rear
window leading to a roof with no way down. Posted an NOV and a notice stating the building
is unsafe for residential occupancy.

• Inspector Reilly, 09/14/17, 10:00 - 10:30 Hours: Research showed DBI has a complaint
history of people living in the storage spaces and building without a permit. The business
owner has 3 days to make sure no one is living in the spaces. The complaint shall be referred to
DBI to inspect the building for unsafe conditions. · ·

San Francisco Fire Department


Division of Fire Prevention & Investigation
698 Second Street, Room 109 San Francisco, CA 94107
Office (415) 558-3300 Fax (415) 558-3323
San Francisco Fire Department
Division of Fire Prevention & Investigation Daniel de Cossio, Fire Marshal

B. Notice of Violation Followup Inspections:

• Inspector Reilly, 09/18/17, 07:30- 08:00 Hours: Spoke to Inspector Donal Duffy at DBL He
states that he shall contact the owner and inspect the property. The property is supposed to be
used as an auto storage repair and not for residential use or for personal storage spaces.
Inspector Duffy shall contact me when he gets more information.

• Inspector Reilly, 09/20/17, 07:45 - 08:00 Hours: Did not witness anyone living in the storage
spaces but manager stated that the complainant is a tenant who was evicted. Also during an
attempt to inspect met a man who stated he lived there with several other people. This
violation has been referred to DBI and is now bein$ referred to administrative hearing.

C. Administrative Hearing and Followup Inspectiqns:


• Lieutenant Patt, 10/03/17, 10:00 - 11 :00 Hours: Several operational firefighting challenges still
exist:

1) Large tree IFO building prevents laddering of roof.


2) Tradesman entrance/exit locked and boarded up from the OUTSIDE.
3) Locked metal gates to entrance on both exposure B and exposure D
preventing rapid entrance/egress
4) No access to rear of building from exposure B or D

• Inspector Law, 10/05/17, 12:30 - 13:00 Hours: October 5, 2017 Fire Marshal Administrative
Hearing - Immediate Order to AbateNacate issued per SFFD Captain Cofflin. DBI violation$
of non-permitted construction, electrical and plumbing work. Only means egress is the front
door. SFFD Battalion 6 Chief Mullaney, SFFD Lt. Cavelini notified that there are up to 30
people living in the building. They will inform the surrounding fire department stations as well.

• Fire Marshal de Cossio, 10/06/17: Written Order of Abatement and Order to Vacate Pending
Abatement issued. Relocation Benefits Determination Issued.

• Inspector Law, 10/10/17, 15:00 - 15:30 Hours: Order to Vacate sent to owners via certified
mail, regular mail and posted on building in English and Spanish. Order to Vacate recorded at
City Hall on October 10, 2017 per SFFD Fire Marshal Daniel de Cossio.

• Lieutenant Poydessus, 11/7/17, 1445 -1545 Hours: Posted on the building all the documents
again in Spanish.

• Subsequent visits by SFFD personnel along with partner City agencies to inform tenants of
abatement order, order to vacate, and relocation benefits determination.

San Francisco Fire Department


Division of Fire Prevention & Investigation
698 Second Street, Room 109 San Francisco, CA 94107
Office (415) 558-3300 Fax (415) 558-3323
San Francisco Fire Department
Division of Fire Prevention & Investigation Daniel de Cossio, Fire Marshal

II. The Fire Department's findings at the property and State and local law direct that relocation
benefits be paid at the expense of the property owner.
SFFD inspections at the property uncovered no facts to suggest that any tenants caused or _
contributed to the code violations that precipated the abatement order, order to vacate, and/or RBD.
Rather the building appears to have been altered without permits to create unlawful residential units
that were rented to the tenants in their present condition. See Declaration of Daniel de Cossio ("de
Cossio Deel."), para. 9.

SFFD directed its administrative notices and orders issued regarding this property to its owner
along with its master tenant in compliance with California and San Francisco laws. State and local law
both designate the building owner as the entity responsible for code violations, abatement, and
relocation benefits payments. Health & Safety Code § 17975, regarding Tenant Relocation Assistance,
entitles tenants that the local enforcement agency deems eligible "to receive relocation benefits from
the owner." San Francisco Fire Code Section 109.2 states in part that "the person responsible for a
violation that pertains to a building, occupancy, premises, system, or vehicle is the owner ofilie
building, occupancy, premises, system, or vehicle.'' The RBD thus orders the property owner, Ms.
Rodriguez, or responsible agent, to make timely payment to eligible tenants. SFFD is not a position to
adjudicate which party is ultimately responsible for the life-threatening conditions at the property, and
would defer to a court order deeming another party responsible for compliance with SFFD' s orders and
relocation benefits payments, and ordering such party to compensate the owner.

In the meantime, Health & Safety Code Sections 17975 et seq. code requires prompt payment
of relocation benefits to eligible residential tenants at the expense of the owner or designated agent.
The property owner has, to date, failed to fulfill this requirement. Under Section 17975:1, where, as
here, there are fewer than 10 days between the first posting and mailing of the order to vacate and the
vacation date, "relocation benefits shall be paid by the owner or designated agent to the tenant[s]
within 24 hours after the notice is posted and mailed."

Further, SFFD maintains that, in addition to the payment amount ordered in the RBD, the
property owner must pay a penalty to each eligible tenant as mandated by Section 17975.3(a): "Any
owner or designated agent who does not make timely payment as specified in Section 17975 .1 shall be
liable to the tenant for an amount equal to 1 Yi times the relocation benefits payable pursuant to Section
17975.2.''

III. The relocation benefit amount owed to each eligible tenant as stated in the RBD was
calculated in accordance with federal and State law and applicable guidelines.
The RBD entitles each eligible tenant to a relocation benefit payment calculated in accordance
with Health & Safety Code Section 17975.2. Section 17975.2 instructs that the relocation benefit
San Francisco Fire Deparbnent
Division of Fire Prevention & Investigation
698 Second Street, Room 109 San Francisco, CA 94107
Office (415) 558-3300 Fax (415) 558-3323
~ l

San Francisco Fire Department


Division of Fire Prevention & Investigation Daniel de Cossio, Fire Marshal

?Jllount an owner must pay to tenants deemed eligible by the local enforcement agency be calculated as
follows:

The relocation payment shall be made available by the owner or designated agent to
the tenant in each residential unit and shall be a sum equal to two months of the
established fair market rent for the area as determined by the Department of Housing
and Urban Development pursuant to Section 1437f of Title 42 of the United States
Code. In addition, the relocation payment shall include an amount, as determined by
the local enforcement agency, sufficient for utility service deposits. The relocation
benefits shall be paid by the owner or designated agent in addition to the return, as
required by law, of any security deposits held by the owner. The relocation benefits
shall be payable on a per residential unit basis.

SFFD maintains that the fiscal year 2018 Department of Housing and Urban
Development {"HUD") fair market rate {"FMR") figure for a San Francisco "efficiency unit"
that is posted on the HUD official website pursuant to 42 U.S.C. Section 1437fis the most
appropriate benchmark FMR figure for the RBD. See de Cossio Deel., paras. 12-14, Exh. E.
As noted in the RBD, this figure is $2,014 per month. See de Cossio Deel., Exh. D.

"Efficiency unit" is the smallest type of unit for which HUD provides a FMR under
Section 1437£ No applicable statutes, regulations, or guidance mention single-room
occupancies ("SROs"), let alone provide a FMR figure for such a type of residential unit. The
most reasonable reading ofHUD's FMR figures published on its website under Section 1437f
is that "efficiency unit" includes "SROs." The owner's appeal provides no information or
citations to suggest otherwise. To SFFD's knowslege, federal law does not define "efficiency
unit," and state law does not require that such a unit includes its own kitchen andfor bath
facilities. See de Cossio Deel., paras. 11-13, Exh. E. The FMR for the unlawful single-room
residential units at the property was thus correctly calculated, at $4,028 per unit for two
months' rent. ,
SFFD also maintains that $432 is an appropriate "amount sufficient for utility service deposits"
for two months of service under Section 17975.2. See de Cossio Deel, paras. 14-17, Exhs. F-H. This
determination involved reference to information published by San Francisco's Public Utilities
Commission for electricity and water services. Id

IV. Conclusion
In closing, based on the findings of the SFFD, the Office of the San Francisco Fire Marshal
determined that the existing condition of the property poses imminent and extreme risk to the
occupants, and for this reason and pursuant to authority of this office under State and local law, SFFD
issued an order of abatement and order to vacate: In compliance with State law, these orders were
accompanied by a relocation benefits determination entitling eligible tenants to relocation assistance

San Francisco Fire Deparbnent


Division of Fire Prevention & Investigation
698 Second Street, Room 109 San Frahcisco, CA 94107
Office (415) 558-3300 Fax (415) 558-3323
San Francisco Fire Department
Division of Fire Prevention & Investigation Daniel de Cossio, Fire Marshal

payments as calculated and set forth by SFFD. The RBD should be upheld and enforced to ensure
timely assistance to the tenants whose life safezy was put at risk.
Thank you for your time and consideration.

Daniel de Cossio
Fire Marshal, San Francisco Fire Department

San Francisco Fire Deparbnent


Division of Fire Prevention & Investigation
698 Second Street, Room 109 San Francisco, CA 94107
Office (415) 558-3300 Fax (415) 558-3323
DECLARATION OF DANIEL DE COSSIO IN SUPPORT OF SAN FRANCISCO FIRE
DEPARTMENT RESPONSE TO ADMINISTRATIVE APPEAL OF RELOCATION
BENEFITS DETERMINATION REGARDING 2966 24TH STREET
I, Daniel de Cossio, declare as follows:
1. I am the appointed Fire Marshal and Assistant Deputy Chief of Fire Prevention and

Investigation in the San Francisco Fire Department. I have served as a member of the San Francisco

Fire Department since 1991, and was appointed to my present post in 2015. I issued the Relocation

Benefits Detennination is at issue in this matter. I have personal knowledge of the matters stated

below, except those stated on information and belief, which I believe to be true.

2. California Fire Code Section 1.11.2 delegates responsibility for the enforcement of

building standards adopted by the State Fire Marshal and published in the California Bliilding

Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal.

Section 1.11.2.1.1 directs in relevant part that "[t]he chief of any city or county fire department or of

any fire protection district, and authorized representatives, shall enforce within the jurisdiction the

building standards and other regulations of the State Fire Marshal." As the Fire Marshal, I am a

representative authorized by the Chief of the San Francisco Fire Department to carry out this

enforcement responsibility. I am also San Francisco's designated fire code official as referenced in

State and local law. My responsibilities include overseeing the inspection of properties in San

Francisco for compliance with fire code provisions as enacted in State and local laws, and pursuing

enforcement of these code provisions. ·

3. After inspecting the building located at 2966 24th Street, San Francisco, CA 94110,

Block/Lot 4206/017, San Francisco Fire Department Inspector Theodora S. Reilly issued Notice of

Violation #1708-0164, addressed to the Property Owner/Occupant/Responsible Party on September

14, 2017. A true and correct copy of this notice of violation is attached hereto as Exhibit.A. On

October 5, 2017, the Fire Department conducted an administrative abatement hearing regarding the

cited code violations at this property pursuant to San Francisco Fire Code Section 109.4.3(f).

4. Based on the findings from the October 5 hearing and pursuant to my enforcement

responsibility under the California Fire Code and the procedures outlined in the San Francisco Fire

1
DECL. DE COSSIO ISO RESPONSE TO RELOCATION BENEFIT DECISION
APPEAL- 2966 24TH STREET
Code Section 109.4.3(g), on October 6, 20i 7, I issued an administrative order directing that the owner·

and parties responsible for abatement abate the cited fire code violations at 2966 24th Street. A true

and correct copy of this order is attached hereto as Exhibit B. Based on my determination that the

cited code violations endangered the immediate health and safetY of the residents of the building, I

issued an accompanying order to vacate the portions of the building being used as residences pending

abatement of the cited code violations, with the required abatement work being major, such as the

construction of additional exits in the bililding. A true and correct copy of this order is attached

hereto as Exhibit C.

5. California Health and Safety Code Article 2.5 regarding Tenant Relocation Assistance,

contained at Sections 17975 et seq., instructs as follows:


Any tenant who is displaced or subject to displacement from a residential rental
unit as a result of an order to vacate or an order requiring the vacation of a
residential unit by a local enforcement agency as a result of a violation so
extensive and of such a nature that the immediate health and safety of the
residents is endangered, shall be entitled to receive relocation benefits from the
owner as specified in this article. The local enforcement agency shall determine
the eligibility of tenants for benefits pursuant to this article.

Cal. Health & Safety Code § 17975.

6. The San Francisco Fire Department is the "local enforcement agency'' for purposes of

enforcing these provisions of the California I-Jealth and Safety Code.

7. Per San Francisco Administrative Code Sections 41.4(n), (q), and the Rent Board Rules

and Regulations at Section 1.17, a guest room occupied by a person for at least 32 consecutive days

qualifies as a residential rental unit.

8. As required by Health and Safety Code Sections 17975 et seq., on October 6, 2017, I

issued a determination regarding the eligibility of the tenants of the building located 2966 24th Street

for relocation benefits as specified in Article 2.5. A true and correct copy of this order is attached

hereto as Exhibit D. I determined that the tenants are eligible for relocation benefits. This

determination was based on my conclusion that the code violations at the building endangered the

tenants' immediate health and safety.

2
DECL. DE COSSIO ISO RESPONSE TO RELOCATION BENEFIT DECISION
APPEAL - 2966 24TH STREET
9. In addition, Fire Department inspections at the property gave me no reason to believe

that any tenant, tenant guest, or tenant invitee caused or substantially contributed to the code violations

that gave rise to the abatement order and order to vacate. Rather, conditions that SFFD personnel

noted at the building lead me to believe that the building was altered without permits to create

unlawful residential units that were rented to the tenants in their present condition. San Francisco Fire

Code Section I 09.2 states in part that "the person responsible for a violation that pertains to a building,

occupancy, premises, system, or vehicle is the owner of the building, occupancy, premises, system, or

vehicle." In addition, as quoted above, Health & Safety Code § 17975 entitles tenants that the local

enforcement agency deems eligible "to receive relocation benefits from the owner." In accordance

with Fire Department findings and these laws, my written Relocation Benefits Determination directs

that the owner of 2966 24th Street and/or designated agent and/or persons responsible make the

required payments to eligible tenants within 24 hours of the order's posting and mailing.

10. Health & Safety Code § 17975.2 instructs that the relocation benefit amount an owner

must pay to tenants deemed eligible by the local enforcement agency be calculated as follows:
The relocation payment shall be made available by the owner or designated
agent to the tenant in each residential unit and shall be a sum equal to two
months of the established fair market rent for the area as determined by the
Department of Housing and Urban Development pursuant to Section 1437f of
Title 42 of the United States Code. In addition, the relocation payment shall
include an amount, as determined by the local enforcement agency, sufficient
for utility service deposits. The relocation benefits shall be paid by the owner or
designated agent in addition to the return, as required by law, of any security
deposits held by the owner. The relocation benefits shall be payable on a per
residential unit basis. ·

11. The Department of Housing and Urban Development ("HUD") FY 2018 Fair Market

Rent Documentation System, available at https://www.huduser.gov/portal/datasets/fmr.html, provides

fair market rates by unit bedrooms for efficiency, one-bedroom, two-bedroom, three-bedroom, and

four-bedroom units. It lists the FY 2018 fair market rate for an efficiency unit bedroom in San

Francisco. at $2,014 per month. A true and correct copy of this web page is attached hereto as

ExhibitE.

12. In accordance with Health and Safety Code Section 17975.2, I determined that eligible

tenants of the residential units unlawfully constructed at 2966 24th Street are entitled to two months'
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DECL. DE COSSIO ISO RESPONSE TO RELOCATION BENEFIT DECISION
APPEAL- 2966 24TH STREET
fair market rate rent for efficiency units under the HUD system. The 27 unlawfully constructed units

SFFD found at the building were single rooms containing beds, dressers and television sets.

According to SFFD's noted findings, only one of these rooms had a rescue window and the rooms

shared a single kitchen located on the building's mezzanine level.

13. 42 U.S.C. § 1437f and associated FMR guidelines do not define "efficiency unif' or

"efficiency dwelling unit," and make no reference to "single-room occupancy" units or "SROs." The

California Building Code 2016 Edition Chapter 2 defines "efficiency dwelling unit" as "[a] dwelling

unit containing only one habitable room and includes an efficiency unit as defined in Health and

Safety Code Section 17958.1." Health and Safety Code Section 17958.l allows municipalities to

permit units with two-person maximum occupancy and minimum 150 square feet of floor area as

efficiency units. Neither provision requires an efficiency unit to contain a kitchen or bathroom.

14. According to information from the San Francisco Public Utilities Commission

("SFPUC") posted on its website, available at https://sfwater.org/index.aspx?page=806, to start a new

electricity service for a residential customer, SFPUC "may need a deposit of about double your

estimated electricity charges (at least $100)." A true and correct copy of this web page is attached

hereto as Exhibit F.

15. In addition, the SFPUC Electric Service Rates page, available at


1
https://sfwater.org/index.aspx?page=811, under Schedule R-l Single-Family and Multi-Family

Electric Service within the City and County of San Francisco, provides that there is a monthly service

charge per account of $3.60, plus a specified rate per kWh that varies with number of kWh used that

month. For Low Income Residential Electricity Service, this page specifies a Monthly Service Charge

per account of$2.52, plus a specified rate per kWh that varies with number of kWh used that month.

A true and correct copy of this web page is attached hereto as Exhibit G. I therefore determined

that a San Francisco resident requires, at minimum, approximately $103 for a single month of

electricity service.

16. According to the SFPUC web page regarding water account services, available at

https://sfwater.org/index.aspx?page=47, to start a new water service for a residential customer, ''there

4
DECL. DE COSSIO ISO RESPONSE TO RELOCATION BENEFIT DECISION
APPEAL- 2966 24TH STREET
is a $63.00 fee to establish the account and a deposit is required. The deposit shall be approximately

twice the estimated monthly water and sewer (wastewater) charges, but in no case shall it be less than

$50.00." A true and correct copy of this web page is attached hereto as ~xhibit H. I therefore

determined that a San Francisco resident requires, at minimum, approximately $113 .00 for a single

month of water service. Adding up these amounts for electricity and water services, I determined that

setting up utilities for a residential unit in San Francisco would, at minimum, c9st approximately $216

' · per unit per month.

17. I therefore determined that a sum equal to two months of the estal;>lished fair market

rent for the San Francisco area according to HUD is $4,028, and a sufficient amount for utility service

for this time is, at minimum, $432. I thus determined that Health & Safety Code Section 17975

entitles eligible tenants to $4,460 per unit.

Executed November 20, 2017 at San Francisco, California.

&i~w
Daniel de Cossio
Fire Marshal, San Francisco Fire Department

5
DECL. DE COSSIO ISO RESPONSE TO RELOCATION BENEFIT DECISION
APPEAL- 2966 24TH STREET
INDEX TO EXHIBITS

Exhibit Description

A Notice of Violation #1708-0164, dated September 14, 2017

B Abatement Order, dated October 6, 2017

c Order to Vacate, dated October 6, 2017

D Relocation Benefits Determination, dated October 6, 2017

E HUD FY 2018 Fair Market Rent Documentation System for San Francisco Units

F SFPUC's Start and Stop Electric Service Webpage

G SFPUC Electric Service Rates Webpage

H SFPUC's Start and Stop Water Service Webpage


EXHIBIT A

TO

DECLARATION OF DANIEL DE COSSIO IN SUPPORT OF SAN FRANCISCO FIRE


DEPARTMENT RESPONSE TO ADMINISTRATIVE APPEAL OF RELOCATION
BENEFITS DETERMINATION REGARDING 2966 24TH STREET
..

' Q- 0$/10.011
\iJQJ"'tJo11ID.:1talf.O'i~
NO'iiC~ OF VIOLATION

; '

- .......... "
/
..
.:: '·

BY Of:U)!R bF TH.a CHlEF, SAN FRANc.ISco FIRE DEPARTMENT ..


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Page 1 Of3
EXHIBITB

TO

DECLARATION OF DANIEL DE COSSIO IN SUPPORT OF SAN FRANCISCO FIRE


DEPARTMENT RESPONSE TO ADMINISTRATIVE APPEAL OF RELOCATION
BENEFITS DETERMINATION REGARDING 2966 24TH STREET
San. Francisco Fire .D&partment · · .
btifts1oh oO=ite Pre~ent1C>~ & rnvestigati.on Panitl d, CO$$lq~ F,_ Mar$hal ·
October6, 2ll17

TO: FRANCISCO LEON 13ARRANCO .


· BQBa~DEfU:D~
.NOVATO, 94914.

. . .. .. . ... .c. &Sft:.


WILLIAM .. ... VfA F R00
. RLGUEZ
.. ·
712 MIDWAY AVE.· .
oAt.v. clri'· .oA 94~1s
..
. -·

. . WRriTJ:~ D~Ci$10Nf040WI~ AO.MIN~™~ ~NG HELD ON Ot:.~bQrS, ~7, .


REGAFmlNG NOTICE OF VIOLATION# 1·108-0164; ORDER TO ·VACATE PENDING ASATEMi;NT .
. . . . . . . '. . : .. OFFJRECObEVJOi.ATI~ .. ... .. . . ....

· ·
.; THi~l~
--r~,:,._ .
ii~~~~ ~-~119N. ~QTf~.~·
':r · -;·, \· · ·;_,_·_ '
·-~-- ~;~r, :i.~ ~.:: -· · -
· ·. Per:Section 1il"'.4.9i;;.) ;t)f .~ san ~r ·:.;.;..;;;~Fire t-Af...
.. ·.·~~···~ ~·q :¥,~; s..~.~-· ;~~ _.,_ ~-·f~~~ -- . ~·
:_

.Sectipns 10~.3; 1QQ9, 1oa,o, a,nd 11Q.1.19fttte ~-~ F~m:fsco Fii:e Code.
~d $~11$17975 et~. ofthe califomlS Health:~ Safeo/CQ~e .

2966 ·24th St
. . . .
~~SfllQSk42% Lot011

. ,' Pear
. ·; -. owner
Propef1Y .
and PartluRespo~~
. . - . . . ·. ot FJre. ~
for AWiteroent .·
VJolatk111s:
,,-

. 'UlB.B,u~u. (>f fi_~: P$'.eiilipfJ CJ)od~ cm.~ ~~~m.>:cive pmp~ on ~~r1~. zci17. It_ .
. ~~ ~~~ ~g ~~ ~n.tf~~·ii¢~TnlQ'~ . ~l!t!i!Cl~e~tral0ccupa'ocy;_the
•~l@lr.i.s 1$. cffVl~.frJto:v ~~.ifflll$ that a.r~ ~g use:ct ~ ~eeplng ~· 'Jh¢_ij are n!) ~es.Q~.~ws
. or Qlh~ fri~ cif eg~-bl\ISl~cftie:~{ty _dqilt lo~ r~uai_unft$. ~ 1$ ~, Qrte; meana 6f ¢g'i°e$s
ttii:tJUgh -dli;i'ft9Ut!'#Jar, CQ.~J~no~~ uiJcfert;iil<fm ~~~fti;mate ~Jin~. ~oilg 9.Jhet:
~P~E$ Qf'~ ~~ofran~Are·~ ,· a~reall 9f~ P~wn .· tss4$1.. ,!la~. a N9~ w. .
V'°~'"' (f'lOV)f17~1~. The•-~~ p~~QWen 7~fl9~IO.~~evloJ~~ ~~ber
20 2D17 afollo\V--0 frlsPSCtk>D .. . cOi'idi.lcted the \lfolallQns noted rematned Un'abated. Th& NOV dti .. the
·' evki1ailonsd1s!\tBteel · an~·futse&iSa.' ···to:'lhisb'.eianciNoti'ca . e8ureal:ittiu$onll9 ....
C9dtembf!r25 2tti'7orri~ our" ranee·~re .rd'j{ tniStTattveT:'earin9 ttiatwashe!dnn
..
~~5. 2017. Pres,enttorfhe·P~~-6.*m: aHhe~=s~·ROdli. · ·· ·

$~_011.~ll ~d fci~ cansk.;leration of~da~ ~~at,that h_~f!. and, pu~~to Sail F~ F1ri!
~ Section 109.4.~). llis the Are_ ~hcil's tf~~lion t,hatthe su!:>jei:t property ccmUnues Jo Violate the
prOiJISjpns ¢'Pte ~ F~ FJrlt ~~ Qtted Pll th~ "OV: . ..

1. $an F~co Arv C(ide ~on 1PZ.~ ~11.nila pf use or occu~ricy.


Jtie ~~i;:e rs belri9 IJ:Sed as a R~ Qccupancy.
2. San Francisco Fire Code Seetlon 10~ ~ency Eseape apd Rescue.

$an r~i;.~ FJre Dtpa~t


oivr~!i-of~ ~8.rrtlqn &.lnVestisatrcm
&98 St!con~ $~t, ~om 1.1:!9 sa" Jtraflqfsc~. <;A 94101
Ofliqa (415)S564~ Fa>t(415)551l~
.- ' ' ; { ... ; : - ~ ;

. ·na.,1~1~-.~-~~ ~···~~·

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.;

. 6~ TI~ ~IReMSfrS.
a. nae. bulk.Ung snuat be \IACA'i$) WithJn 96 HOUR$.fro.nl tha BBJYlc•a~ posting of tbJs
~~· p~ and ~n ~1$W~ab.atementmustc;oinmerice
b. lbeabove '
W!Uifn ~ Q$mdcir da~ of~ date of ttiiS·~ and Omer. and be CCimpletetJ no ~than 6
months thBrealter. . .

San F nc:rsco.a ·. :n................,


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D~~qffJ@~(m'$~#9n. .
698 saconos•..._.. .a......... 10&
• - . . . . . ~'!;......,., . . . . . .
Sl!h$.~
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'94tot
om.:a C41S> &514300 rax;(.f,fQ $$&~
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$~n· frilri~is~o f1re ~P~rtn:i~a:af · ., · .
Plv1$h>ri 9f Fi'°' .Prev•nJJi)n & l_iWestiga'tion.
t" FaU.!J~tp. ®mPIY Wflfi thiS order ~ay [e.S~ti lri.fe~fri.il ~ttfi(~ qrq~dQ. th~ Qffl~ Qflh~ ctt}'AttotoeY~ .·; .
o~e~roJt:einerifl?M~~n with l(l req~~tt91i!~ ~ roJltil~~ ~on ag~iristt~~ ~~rwoWJ:ier f.or :~u
~dmfn1$1J'$l1Yfl atirJ. ~tta.meY. cost$ IJliillited lly th~ Qlti:~d C~UiJ~ ors~ Ft.tn'c'J$tQ, f910~1!!~~ ~ nieo :
~ga~ ~ i:>~P.e.ftYJ(tfi~~~.a.ncf~IJl!nl:S~tlV~ ~!~ ~re...ipt ~ld:· ..f?~s~ n!?.te.that.you m~ ~~ •
@~!i ~~ ~o~lt.Y (lf$1®9 ~t(l;:iy tn~tttie ~~.~Vlcila~Ot;s p'e.rst~tB!l~ l!flHl.i!l~Y sre.~~J~. :.
i~(;h.idlng obtaining 811 fnspecl!Ons a~~ stgrH;>ffS. Jnac@pcm, µnd,!!t f!.~9ii~ 1Q~.4,3(k).aiid 109J). of the
8B1l-Fta~ Fi~ COcie, ~l(µ,re to. 9bmPfY WI~ ttits ~~d~ ¢4nstltut~s a rn~or. This Is n9t
exqll.!~lv.~ llf Qtheffio~ or penalties, ciMI 0r cit~11a1, tr) which ~1>¢rtsl~ flEirtleS may ~ !!UbJec~

Ncilii:' ~ p~y ~~io~ ~an~: · · -· . · · . : _ ·: · .· . · · · : •


Cal~m.ia H!O!~lttl .~ S~f~\Y God~ Section 17S75 pr0Vlde5 ~at any tenatit WltQ Js dfsjil~q~ 9f s!i.bJ®f tO .
dlsPlii!C:ement frCliri a !'B5~!3nUa1 ~ni~I imtt as a· resulf9t an ordiar .to v~~~ cir 1;m qr,$.r requlrliig the \fac;cl~n of
a residential tinlt by a lacal ehfQfc,ement C!9i!:i'!ey ~a ~.ult r;>f a:vlpJ~~Clrrso ~slv~ a.nd of such a nature that
. tile imi'n~~ heal~ an~ ~i:Y .9Hii~ restd~n~ Ii; e0dan,9erect1 ~han be ·erititled to ·re~rve·~~tltjh. b!!lnefits
fiotn the owner Q¢ ~~in this article. The Fire Ma'rshat ~ereb.Y det!lm~l.tf~lti-ctt t~~ t~himts Qlth• · ·
~ldbntial untis loi:iated on Ql.e.mezzanlne ~nd ft_rs,t floor iev~~ qj ~~i; ~ $jJ·m;w tie el@bte iOr •
benefitS pureuant to tbts artl~iiiln fight of~~ glj~e c(ang~r ~ti~~ pres11n•eci by th'e Fire Code
yJolatlons oti Utt! ~rertiiaas; aS cite~ ~bove. A ij'6qi~Jon tti this .effect wlll IS'sue In aseparak!:no~ce. AP~al Of
SltC~ a dect$fOll ITI~f be mad~ i9 the San Franciseo Are CommiSston within fifte19n (1 ~~ ~len<far days of the·. . · .
date the deQ1$Jcm fs malled.

Notice to tenants! ·: ·.
You may be ~tified ~ f~l9Cf!tlqri oen~fits \JIJder SectiQn 17975 of the California Heal~ & Sa~ty .Code.

Please l3'<1vJd,e doclJfllentatlcm and direct Inquiries tO in&pectot c~•d '-'w at 41S:..~·33D~. ·

~~~~
Daniel de Cossio, Fire Marshal

. .
San ffilnci.e<o fire Department
. Dlvlal~!l of Fire ~venlf(!ii $ ln~tigatlon
698 sec~l'!d s~ ~C!Om 109 San FnmclsCo, CA 94107 •
Office (415} 558-33()0 Fax (41~ 558~23 ·
EXHIBITC
TO

DECLARATION OF DANIEL DE COSSIO IN SUPPORT OF SAN FRANCISCO FIRE


DEPARTMENT RESPONSE TO ADMINISTRATIVE APPEAL OF RELOCATION
BENEFITS DETERMINATION REGARDING 2966 24TH STREET
$ai-. f.-anc-.cc;> fl~ PEJPiitlm~i'.it . .·
fiivi$ion of Fire ;Preve...tion & iJlv,•t19ath>n Da........
•.,~ de. c..oss•o,
· • . FJ.re· Mars
.. bar·

ORDEftto..VACAtE
.Add~ss+ 29.&&24iif$£~·$1uffni~clic~J GA94112
:ffesidentiaf
. , .....on.· M
.. ,.. Units ··. · ·ine.. a~·· d.First Floor
.,~~P;·: ·.. .
A$s~sofs Bf.ock 4206~ ~ot. 011 ··
THIS rSH~T AN EvtCTION N()TIO~.
ow,.e~ll$i'Te~l)t(•)IRes~"'U>J~
Francrsco l.Eiein Bati'ancO
P• fQr Abatement of Are c~"8 viC?lltfona:
·Willlam G & SIMa F Rodri9oez
.... eei¥
eo ._, · ' ~"Ortve. · ··· ·
.,. . ed.f!r.e. 71Zt.;i~Av~. .·
No\lalci, 94914 . . . 0a.1yc,iy, CA~1s .

·Otder Pftu~li~p & ~titqtJ,,~'11~~= The. ~ M.~~! d.~~rmio$$.. after


slt!l inspet:lfolis and a
heajin9 ~f#.i~ ~Id.$n~I. ~~ o;i:the:!llW.Snl~ ~n,<! fits!Jf~.~~~t!Jp·'1!bQV~ ~ddresS
~n In vro1a.ttpn of:p~tt.s ·9~.bf.~ .$t~rr~~Q1~~' r!w9..~ ~n~( unsar~ ror ··-·:.
0 · an due•tO cofirlltlnf;sdann-.itoU1 :·t6f'iu~i.. ~""~tfh; ·(~atta~-~ I o....:.rsfon a· d •
d=.) ·~i~ie;'l#ridlF~bti~~fo9:!aoo1bt~~·~h'P~~ A~od::-dle Fi~ ...
Mca~h~r Qrctel'$·ttiefQllPWln$·im~edlate ~c\iO~: , ·· ·. ·.: · ·.

-··.
r:c:r1ar1;i~~~~w~~1\~:m.N=rs·
fjfl$T:F40QR ~vet.:$ OF ills· ~OVEBUiLP~$. ·,Tfll$ orcJedQ ~~~ i$ '1ri:~ .
· pen4ifl9 ~at~nt of\riol~on.s offue.Sari :Fra.11t:i$co. Rte. Gede' cit~ ori tfie,~~ed
Q~lon ~O~ Qr(ter. NQ P9itfOJ:J of tile nt~otri~ i(ind fif$t.floqr l~v~ls is tO :be reocqUpled
tii'!~l t~e ctted. un~are conditions are proPerlY oomiQt8d. · . · .· ·· · ·
PUR$0.AN'T.'to THI; ATTAcH:EQ b~c;:i~io.. A~P oR.PeR: Th& respon5lbl~ parties must
unde'~e· i:!.b~~~m~rit Qf~$ \#TQl~tion$ of~,Sa!l t=~nciSC9 fire. vP<:fe 8$ 4?P~ed ln .thEt
atta¢1}tad DeC:rslon and 'O(der!. iliis .m~t. begin i{l n_q l'nQrMb.~n SQ, days ffoln tfie. ~a~ r;if the
De$i0n !ittd. ()R;f~, ~11d biji ~pleted n0 later1han 6 months from th~ d$ 90 wbfCIJ .
cn>atem~ 8fforts commence. · · · · ·· · ·
~~ITTA.L & PO~NG OF TJiJ$ ORDER: Acopy oft.tiiS. ~.otfce. s.h~ ~& ~­
im~f~~Jy~ ak>rjg ~ ~ und~~Yfng D~JsJqn and Qrcler, ,c>n tfie frOnt of ~yb~ pJ'Qp~.
CQpft:$ m(hls hotfce and the. utad~ifyinQ ~slof! Emcf Or-9.er $hall'~ sefiJed on.~.onS!b,~
partfe.S'acq6ra!n9~~ 1o~A.a(cJotthe8an FrancJ$co·Fi~ ¢9c:Je.' ¢ollie~Qfth!§ notice
and the llhdetlyfng DecfSion alld Order sh~il be reqp~eq in tht! ~or..R~r*s offi~
FAn.u.~. TO port;pLY WITH fills ORi>E.R Wil-L ReSU~T IN; Ref$tral Of thiS otderto the
Office of ~.e City Attorney'$ Gode Enfc;nt~mentDlvlslon with a request to file an injunctiv~
~clic;;n against.tfie property mvr:ierfor all administrative:! and altc;tml1!Y ¢0$.~ inc4rt$d by the City
and County ofS~n Franpl$Qot tomcf1,1d~~ Jiran againsttheptopertyifthefines'a~
San Francllico Fire Da rtment
Division of Ant PteventiOn i.nViasugatlon
sea seco.nd street. Raom 1o!i· San Frariciseo, cA 94107
Offlpe (415) 558~ Fine (415) 658-3323
San ftantiscQ Fire :D,ep~rtm.ent
·pfV;siQo .;>f'.F.jr~ Prtv4Jnttc>n & ftav-mtl.~diQn . banfel de C()Ssio, Fire '1ftar$'1.al
acfmlil~!=ltive co$bi: ar~ {lQtpa.ii;Ji a.nd p~le action seeking a clvii p~alty of $1QOO per (fay
~tth~qtt~co,d~vio~P~.Pi;tts~and uffi!1th~y~~t~. loa.«J!«oq, tind~r~,~011$ ··
109.4.~(k) and 1Q~t(} f;>f ~ S~n r@.nt.:lse<t Fi~ ¢9dt!t, fal!Ute to comply With tli~ oi"dE}r
<:P~ a misct~anor., This JS not exclusive bf 9~er filles prp~n~lfi~. civil gr .criminal,
to whtch fM.P.onsibt~ pat(fes may
b~ subjt;ti;:l. . . .
El..iGi&,µty FOR ~t3CATION eeNt;frr$; Per the attached beclslon ahd Qrder, ffle
~pf$ Qf th~·P~t~ mayb~ entitled to relocati9n benefits llhcititr:~UfQm~ ~tth and
sat~tyCocte~Qfl 17975.~f~. · . ·

·P.~ease provide docum1m~tron ~11d dfret:t inq-..lriQS to lnapecto~ Ch~d L.aw at 415-558- ·
a•t · · ··· · · ·

·. AP~ROYa)
c· .$ ANPISSUEb:
•.. ,· · · .··
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[)an~I de C:ossi9,"Fir~ ~@rsh~ · i • · ·· '
·, .
San F~t;f$QO Flre De~ttmenf · • ' , . . ·· .. .. · ~.
· Da~ f.pprovec1; 18SµE!d, ~ncfP~teci= o~ot;>$r 6, 2011
EXHIBITD

TO

DECLARATION OF DANIEL DE COSSIO IN SUPPORT OF SAN FRANCISCO FIRE


DEPARTMENT RESPONSE TO ADMINISTRATIVE APPEAL OF RELOCATION
BENEFITS DETERMINATION REGARDING 2966 24TH STREET
_: ~

Sel$>n 17975.2 provides that


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U:te lenant ln each 11;151dential
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RECEIVED
rHAYOR'S OFFICE OF HOUSING
lf..HD COi~l1l!~:ITY DEVELOPMENT
The Law Office of Francisco Gutierrez
220 Montgomery Street, Suite 19.20 77" ~CT 19 PH I~: I 5
San Francisco, CA 94104
Tel.: (415) 805-6508
francisco@gtzlegal.com

October 19, 2017

Mr. Eugene Flannery


Board Secretary
Relocation Appeals Board of the City and County of San Francisco
Mayor's Office of Housing and Community Development
1 South Van Ness Avenue, 5th Floor
San Francisco, CA 94103

Re: Appeal of the Relocation Benefits Detennination made by the San Francisco Fire
Department, Division of Fire Prevention & Investigation, dated October 6, 2017,
Regarding Notice of Violation No. 1708-0164

Property: 2966 24th Street, San Francisco, CA 94112


Residential Units on Mezzanine and First Level

Appealing Party: Silvia F Rodriguez, as trustee of the William C & Silvia F


Rodriguez Trust, Property Owner

Dear Members of the Relocation Appeals Board:

This office represents Silvia F. Rodriguez, trustee of the William C & Silvia F Rodriguez
Trust (the "Owner"), the owner of the commercial property located at 2966 241h Street. San
Francisco, CA 94112 (the "Property") in connection with the instant appeal.

This appeal arises from the Relocation Benefits Detennination of Daniel de Cossio, Fire
Marshal of the San Francisco Fire Department, Division of Fire Prevention & Investigation, dated
October 6, 2017, which was a consequence of the Fire Marshal's decision, dated October 6, 2017,
following an administrative hearing and an Order to Vacate issued the same day applicable to all
residential units on the mezzanine and first level of the Property. True and correct copies of the
Fire Marshal's Written Decision Following Administrative Hearing Held on October 5, 2017
Regarding Notice of Violation# 1708-0164, the Order to Vacate, and the Relocation Benefits
Determination are attached hereto as Exhibits A, B and C, respectively, for your reference.

Page 1 of6
Relevant Factual Background

On or about July I, 2012, the Owner entered into a commercial lease for the Property with
Francisco Leon Barranco (the ''Master Tenant") for a five (5) year term. A true and correct copy
of the lease is attached hereto as Exhibit D for your reference. The legal use of the Property is for
commercial use. Therefore, pursuant to the tenns of the lease, the Master Tenant agreed to use the
property only for the purpose of carrying on a retail/whole sale business.

Unbeknownst to the Owner, sometime after the Master Tenant entered into possession of
the Property pursuant to the lease he unlawfully converted the Property into a non-permitted
residential occupancy by dividing the space into apparently 27 separate units to be used as sleeping
areas. All construction work involved in converting the use of the Property was completed without
the required permits.

On or about July 14, 20 I 7, the Owner commenced an unlawful detainer action against the
Master Tenant in the San Francisco Superior Court demanding the return of possession of the
Property. The basis for the unlawful detainer action is that the term of the Master Tenant's lease
had expired at midnight on July 1, 2017 and was not renewed by the Owner. A true and correct
copy of the unlawful detainer summons and complaint is attached hereto as Exhibit E for your
reference.

On or about September 14, 2017, Inspector Theodora S. Reilly of the San Francisco Fire
Department, Bur~au of Fire Prevention issued a Notice of Violation (No. 1708-0164) to the Owner
by mail for the Property. A true and correct copy of the Notice of Violation is attached hereto as
Exhibit F for your reference. The Notice of Violation indicated that the following violations of
the 2016 San Francisco Fire Code were found at the Property: Section 105.I.l Illegal Occupancy,
Section 110.1. l Un-safe Conditions, and Section 109.7 Unlawful Acts. See Exhibit F. The Notice
of Violation directed that the violations be corrected within 3 days. See Exhibit F.

As the Master Tenant failed to correct the violations noted in the Notice of Violation within
3 days of the date of the Notice of Violation, Fire Marshal Daniel E. de Cossio ofthe San Francisco
Fire Department, Division of Fire Prevention & Investigation issued a Notice of Administrative
Hearing, dated September 22, 2017, setting the hearing for October 5, 2017. A true and correct
copy of the Notice of Administrative Hearing is attached hereto as Exhibit G.

On October 5, 2017, Monica Deka, of counsel to my office, appeared at the Administrative


Hearing together with the Owner's son, William "Bill" Rodriguez, as well as many of the
residential occupants of the Property. Most tellingly, neither the Master Tenant nor his attorney
appeared at the Administrative Hearing. After hearing evidence from the parties in attendance,
Fire Marshal Daniel E. de Cossio indicated that he was going to issue an order to vacate as the
Property remained in violation of the San Francisco Fire Code that rendered it unsafe for
occupancy and dangerous to human life.

Page2of6

-,-
On October 6, 2017, Fire Marshal Daniel E. de Cossio issued a Written Decision Following
Administrative Hearing Regarding Notice of Violation# 1708-0164, an Order to Vacate the
residential units on the mezzanine and first floors of the Property, and the Relocation Benefits
Determination that is the subject of this appeal. See Exhibits A, Band C, respectively.

Grounds for Owner's Appeal

A. The Fire Marshal Failed To Make Consider Whether A Tenant, Tenant's Guest, or
Invitee Caused Or Substantially Contributed To The Condition Giving Rise To The
Order To Vacate When He Issued The Order To Vacate In Violation Of California
Health & Safety Code§ 17975.4(a).

Section 17975.4(a) of the California Health & Safety Code provides as follows:

No relocation benefits pursuant to this article shall be payable to any


tenant who has caused or substantially contributed to the condition
giving rise to the order to vacate, as determined by the local
enforcement agency, nor shall any relocation benefits be payable to
a tenant if any guest or invitee of the tenant has caused or
substantially contributed to the condition giving rise to the order to
vacate, as determined by the local enforcement agency. The local
enforcement agency shall make the determination whether a tenant,
tenant's guest, or invitee caused or substantially contributed to the
condition, giving rise to the order to vacate at the same time that the
order to vacate the tenants is made.

Nowhere in the Fire Marshal's Written Decision Following Administrative Hearing


Regarding Notice of Violation # 1708-0164, Order to Vacate or the Relocation Benefits
Determination does he indicate that he or any Fire Inspector who visited the Property investigated
whether any of the residential occupants of the Property caused or substantially contributed to
conditions that gave rise to the Order to Vacate. As Section I 7975.4(a) of the California Health
& Safety Code requires the Fire Marshal to make such a determination "at the same time that the
order to vacate" is made, the Relocation Benefits Determination should be overturned.

B. The Fire Marshal Improperly Calculated The Relocation Payment Amounts


Pursuant To California Health & Safety Code § 17975.2 By Using HUD's 2018 Fair
Market Rent For An Efficiency Unit in San Francisco As The Sleeping Areas At The
Property Are Not Comparable To Efficiency Units.

California Health & Safety Code § 17975.2 requires that the amount of the relocation
payment due to each residential unit in the premises be in an amount equal to "two months of the

Page 3of6
established fair market rent for the area as determined by the Department of Housing and Urban
Development ["HUD"] pursuant to Section 1737fofTitle 42 of the United States Code."

The Fire Marshal determined that each unlawfully constructed sleeping area in the Property
was a "guest room." As HUD calculates fair market rents only by the number of bedrooms in a
unit, the Fire Marshal found "that the fair market rent for an efficiency unit is the closet [sic]
category to a guest room." HUD's 2018 fair market rent calculation for an efficiency unit in the
San Francisco Metro Area is $2,014 per month. Therefore, the Fire Marshal determined the Owner
is required to pay $4,028 for each ''guest room" at the Property.

"EfficiencyH units fall under the category of "zero-bedroom units," which are defined by
HUD as any residential dwellings where the living areas are not separated from the sleeping area.
See 24 CFR Part 35, § 35.110. Studio apartments and rentals of individual rooms in residential
dwellings also f&ll under the category of"zero-bedroom units.'' See id.

In the instant matter it would be inappropriate to equate the sleeping areas in the Property
to any type of"zero-bedroom unit" as defined by HUD. None of the sleeping areas at the Property
had its own private bathroom or kitchen area, let alone a living area. Upon information and belief,
all residential occupants of the 27 sleeping areas at the Property shared the use of a single kitchen
and one and one-half bathrooms. This living arrangement is more similar to Single-Room
Occupancy Hotels, as far as benefits determination calculations. Therefore, the relocation payment
amount due for each "guest room" at the Property should be calculated using a fair market rent
amount much lower than $2,014 per month and the Relocation Benefits Determination should be
overturned on ·this basis.

C. The Fire Marshal Failed To Provide Sufficient Supporting Facts For His Calculation
Of Utility Service Deposits Included In The Relocation Payment Amounts.

California Health & Safety Code § 17975.2 requires that the amount of the relocation
payment due to each residential unit in the premises "shall include an amount, as detennined by
the local enforcement agency, sufficient for utility service deposits."

The Fire Marshal stated in the Relocation Benefits Determination that "infonnation the
Department received from PG&E and the San Francisco Public Utilities Commission indicate that
the amount sufficient for utility service deposits in San Francisco is $432 per unit ($216 x 2
months)." The Fire Marshal failed to indicate what specific information he received from PG&E
and the San Francisco Public Utilities Commission which he used in calculating the utility service
deposits amount leaving the Owner unable to verify the accuracy of any such information.
Therefore~ the Relocation Benefits Determination should be overturned.

Page 4of6
D. Maxims Of Equity Render It Inequitable To Apply California Health & Safety Code
§ 17975.1 (a), Which Requires An Owner To Pay Relocation Benefits, In The Instant
Matter As The Master Tenant Is The One Who Unlawfully Converted The Use Of
The Property To His Sole Financial Gain.

As discussed above, the Owner leased the entire Property to the Master Tenant in July 2012
only to be used for retail/wholesale pwposes. See Exhibit D. The Master Tenant has had sole
possession of the Property at all times since the time he entered into the lease. Moreover, the
, Master Tenant unlawfully converted the Property into a non-pennitted residential occupancy
without the knowledge or consent of the Owner.

The only monies the Owner received from the Master Tenant for the Property was the
$3,800.00 per month in rent specified in the lease through the end of June 2017. See Exhibit D.
The Owner has no knowledge of the rental amounts the Master Tenant collected from the
residential occupants of each sleeping area, but can only assume such amount well exceeded the
monthly rent the Master Tenant paid the Owner. The Owner has learned that the Master Tenant
continued to collect monthly rent from the residential occupants, even after the Owner filed the
unlawful detainer. For these reasons, the maxims of equity compel that paying the Relocation
Benefits be the sole responsibility of the Master Tenant.

E. Maxims Of Equity Render It Inequitable To Apply California Health & Safety Code
§ 17975.l (a), Which Requires An Owner To Pay Relocation Benefits, In The Instant
Matter As It Would Impose A Severe Financial Burden On The Owner.

The Owner of the Property is a senior citizen whose sole source of income is Social
Security benefits. The last rental payment she received from the Master Tenant of the Property
was in June 2017 and she has expended a significant portion of her meager savings in commencing
and prosecuting the unlawful detailer action against the Master Tenant. If the Owner is required
to pay the amounts set forth in the Relocation Benefits Detennination, it will leave her in dire
financial straits.

For all of the above reasons, the Owner requests that the Relocation Appeals Board
overturn the Relocation Benefits Detennination of Fire Marshal Daniel de' Cossio of the San
Francisco Fire Department.

Page 5 of6
Sincerely,

Francisco Gutierrez
Attorney for Owner/Appellant

Appeal approved by:

Silvia Rodriguez, trustee of


& Silvia F Rodriguez Trust
Owner/Appellant

cc: Fire Marshal Daniel de Cossio, San Francisco Fire Department, Division of Fire
Prevention & Investigation

Page6 of6
' .

EXHIBIT A
San Francisco Fire Department
Division of Fire Prevention & Investigation • Daniel de Cossio, Fire Marshal

October 6, 2017

TO: FRANCISCO LEON BARRANCO


60 BELVEDERE DRIVE
NOVATO, 94914

WILLIAM C & STLVIA F RODRfGUEZ


712 MIDWAY AVE
DALY CITY, CA 94015

WRlTTEN DECISION FOLLOWING ADMINISTRATIVE HEARING HELD ON October 5, 2017


REGARDING NOTICE OF VIOLATION# 1708..0164; ORDER TO VACATE PENDING ABATEMENT
OF FIRE CODE VIOLATIONS

THIS IS NOT AN EVICTION NOTICE.

Per Section 109.4.3(g} of the San Francisco Fire Code,


Sections 102.3, 1006, 1030, and 110.1.1 of the San Francisco Fire Code,
and Sections 17975 et seq. of the California Health & Safety Code

SUBJECT: 2966 24th St.


Assessor's Block 4206. Lot 017

Dear Property Owner and Parties Responsible for Abatement of Fire Code Violations:

The Bureau of Fire PrevenUon conducted an inspection of the above property on September 13, 2017. It
determined that the building had been unlawfully converted Into a non-permitted residential occupancy; the
building Is divrded Into 27 separate units that are being used as sleeping areas. There are no rescue Windows
or other means of egt"e$S besides the entry door to the individual units. There Is only one means of egress
through the front door. Construction Interiorly was undertaken without appropriate permits, among other
violations of the San Francisco Fife Code. The Bureau of Fire Prevention fssued, and posted, a Notice of
Violation (NOV) #1708-0164. The responsible party was given 72 hours to correct the violations. On September
20, 2017 a follow-up Inspection was conducted the violations noted remained unabated. The NOV citing the
code violations discovered on the premises is attached to this Order and Notice. The Bureau thus on
September 25, 2017 ordered your appearance at the Fire Marshal Administrative Hearing that was held on
October 5, 2017. Present for the Property Owner at the hearing was William Rodri.

Based on full and fair consideration of evidence received at that hearing, and pursuant to San Francisco Fire
Code Section 109.4.3(g), it is the Fire Marshal's determination that the subject property continues to violate the
provisions Of the 5an Francisco Fire Code cited on the NOV:

1. San Francisco Ffre Code Section 102.3 Change of use or occupancy.


The space Is being used as a Residential Occupancy.
2. San Francisco Fire Code Section 1030 Emergency Escape and Rescue.

San Francfsco Fire Deparbnent


Division of Fire Prevention & Jnvestlgatton
698 Second Street, Room 109 San Francfaco, CA 94107
Office (415) 558-3300 Fax (415) 558-3323
San Francisco Fire Department
Division of Fire Prevention & Investigation • Daniel de Cossio, Fire Marshal

Where the building contains one or more sleeping areas, emergency escape and rescue openings shall
be required In each sleeping area. Such openings shall open directly Into a public way.
3. San Francisco Fire Code Section 110.1.1 Unsafe conditions.
Structures or existing equipment that are or hereafter become unsafe or deficient because of
Inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life
or Improper occupancy or Inadequate maintenance, shall be deemed an unsafe condition.

Pursuant to San Francisco Fire Code Section 109.4.3(g), the Fire Marshal orders the following:
1. The above property remains In violation of provtslons of the San Francisco Fire Code.

2. The property owners and/or those responsible for the property must take action to bring the premises
into compliance with all code sections listed above.

3. Several of the above-listed code violations render the premises unsafe for occupancy and dangerous to
human fife.

4. THE RESIDENTIAL UNITS LOCATED ON THE MezzANINE AND FIRST FLOOR LEVELS AT 2966
24th ST. MUST THEREFORE BE VACATED WITHIN 96 HOURS OF THE SERVICE AND POSTING
OF THIS ORDER AND NOTICE, PENDING ABATEMENT OF THE FOLLOWING CITED
VIOLATIONS:

a. San Francisco Fire Code Section 102.3 Change of use or occupancy.


The attic level Is being used for Residential Occupancy.

b. San Francisco Fire Code Section 1030 Emergency Escape and Rescue.
Where the building contains one or more sleeping areas, emergency escape and rescue
openings shall be required fn each sleeping area. Such openings shall open directly into a
pubffcway.

c. San Francisco Are Code Section 110.1.1 Unsafe conditions.


Structures or existing equipment that are or hereafter become unsafe or deficient because of
inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to
human life or Improper occupancy or Inadequate maintenance, shall be deemed an unsafe
condition.
5. Two options to abate these violations:

a. Owners must obtain all required permits from the Department of Building Inspection and conduct
appropriate construction to convert the property for use as a Residential Occupancy.

b. To vacate occupants residing in the mezzanine and first floor resldentlal units of the building.

6. TIME REQUIREMENTS.

a. The bulldlng must be VACATED within 96 HOURS from the service and posting of this
notice.
b. The above permitting and construction requirements to complete abatement must commence
within 30 calendar days of the date of this Notice and Order, and be completed no later than 6
months thereafter.

San Francisco Ffre Department


Division of Ffre Prevention & Investigation
698 Second Street, Room 109 San Francisco. CA 94107
Office (415) 558-3300 Fax (415) 558-3323
San Francisco Fire Department
Division of Fire Prevention & Investigation • Daniel de Cossio, Fire Marshal

7. Failure to comply with this order may result in referral of this order to the Office of the City Attomey's
Code Enforcement Dlvlsfon with a request to file an Injunctive action against the property owner for all
administrative and attorney costs incurred by the City and County of San Francisco, to include a lien
against the property If the fines and administrative costs are not paid. Please note that you may also
face a civil penalty of $1000 per day that the ctted code violations persist and untll they are abated,
including obtaining all inspections and sign-offs. In addition, under Sections 109.4.3(k) and 109.6 of the
San Francisco Fire Code, failure to comply With this order constitutes a misdemeanor. This is not
exclusive of other fines or penalties, civil or criminal, to which responsible parties may be subject

Notice to pay relocatlon benefits:


Califomia Health & Safety Code Section 17975 provides that any tenant Who Is displaced or subject to
displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of
a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that
the Immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits
frOm the owner as specified in this article. The Fire Marshal hereby detennlnes that the tenants of the
resldentlaf units located on the mezzanine and first floor levels of 2966 24th St. may be ellglble for
benefits pursuant to this article In llght of the grave danger to human llfe presented by the Fire Code
vlofatlons on the premises, as cited above. A decision to this effect will Issue In a separate notice. Appeal of
such a decision may be made to the San Francisco Are Commission within fifteen (15) calendar days of the
date the decision Is mailed.

Notice to tenants:
You may be entitled to relocation benefits under Section 17975 of the Califomla Health & Safety Code.

Please provide documentation and direct Inquiries to Inspector Chad Law at 415-558-3306.

Daniel de Cossio, Fire Marshal

San Francisco Fire Department


Division of Fire Prevention & Investigation
698 Second Street. Room 109 San Francisco. CA 94107
Office (415) 558-3300 Fax (415) 558-3323
• " • I

EXHIBITB
..

San Francisco Fire Department


Division of Fire Prevention & Investigation •
ORDER TO VACATE
Daniel de Cossio, Fire Marshal

Address: 2966 24th St., San Francisco, CA 94112


Residential Units on Mezzanine and First Floor
Assessors Block 4206, Lot 017

THIS rs NOT AN EVICTION NOTICE.

Owners/Master Tenant(a)/Responslble Parties for Abatement of Fire Code violations:

Francisco Leon Barranco Wilnam C & Sllvfa F Rodriguez


60 Belvedere Drive 712 Midway Ave.
Novato, 94914 Daly City, CA 94015

Order Findings & Requirements: The Fire Marshal determines after site inspections and a
hearing that the residential units on the mezzanine and first floors of the above address
remain in violation of provisions of the San Francisco Fire Code and are unsafe for
occupancy due to conditions dangerous to human health. (See attached Decision and
Order.) Therefore, under Section 109.4.3(g) of the San Francisco Fire Code, the Fire
Marshal orders the following Immediate actions:

WITHIN 96 HOURS FROM THE ISSUANCE OF THIS ORDER, ALL TENANTS, OWNERS,
AND OTHERS MUST VACAlC THE RESIDENTIAL UNITS ON THE MEZZANINE AND
FIRST FLOOR LEVELS OF THE ABOVE BUILDING. This order to vacate is in effect
pending abatement of violations of the Sail Francisco Fire Code cited on the attached
Decision and Order. No portion of the mezzanine and first floor levels is to be reoccupied
until these cited unsafe conditions are properly corrected.

PURSUANT TO THE ATTACHED DECISION AND ORDER: The responsible parties must
undertake abatement of the violations of the San Francisco Fire Code as specified in the
attached Decision and Order. This must begin in no more than 30 days from the date of the
Decision and Order, and be completed no later than 6 months from the date on which
abatement efforts commence.

TRANS MITTAL & POSTING OF THIS ORDER: A copy of this notice shall be posted
immediately, along with the underlying Decision and Order, on the front of subject property.
Copies of this notice and the underlying Decision and Order shall be served on responsible
parties according to Section 109.4.3(c} of the San Francisco Fire Code. Copies of this notice
and the underlying Decision and Order shall be recorded in the Assessor-Recorder's Office.

FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN: Referral of this order to the
Office of the City Attorney's Code Enforcement Division with a request to file an injunctive
action against the property owner for all administrative and attorney costs incurred by the City
and County of San Francisco, to include a Hen against the property if the fines and
San Francisco F1re Department
Division of F1re Prevention & Investigation
698 Second Street, Room 109 Sao Francisco, CA 94107
Office (415) 558-3300 Fax (415) 558-332:J
• •

.,

San Francisco Fire Department


Division of Fire Prevention & Investigation • Daniel de Cossio, Fire Marshal

administrative costs are not paid; and possible action seeking a civil penalty of $1000 per day
that the cited code violations persist and until they are abated. In addition, under Sections
109.4.3(k) and 109.6 of the San Francisco Fire Code, failure to comply with this order
constitutes a misdemeanor. This is not exclusive of other fines or penalties, civil or criminal,
to which responsible parties may be subject.

ELIGIBILITY FOR RELOCATION BENEFITS: Per the attached Decision and Order, the
tenants of these premises may be entitled to relocation benefits under California Health and
Safety Code Section 17975 et seq.

Please provide documentation and direct inquiries ~o Jnspecto~ Chad Law at 415-558-
3308.

APPROVED AND ISSUED:

'l)~~~
Daniel de Cossio, Fire Marshal
San Francisco Fire Department
Date Approved, Issued, and Posted: October 6, 2017

San Francisco Fire Department


Division of Fire Prevention & Investigation
698 Second Street, Room 109 San Francisco, CA 94107
Office (415) 558-3300 Fax (415) 558-3323
' ..

EXHIBITC
"

San Francisco Fire Deparbnent


Division of Fire Prevention & Investigation • Daniel de Cossio, Fire Marshal

October6,2017
TO: Tenants/OWners/Master Tenant(s)IResponslble Parties for Abatement of Fire Code violations:

Francisco Leon Barranco William C & Silvia F Rodriguez


60 Belvedere Drive 712 Midway Ave. .
Novato, 94914 Daly City, CA 94015

RELOCATION BENEFITS DETERMINATION


SUBJECT: 2966 24th Street, Assessor's Block 4206, Lot 017
Rufdentfal Units on Mezzanine and First Level
Determination of Reloca6on Benefits Under Section 17975 et seq. of the Callfomla
Health & Safety Code

Dear Property Owner(s), Responsible Parties, and Tenants:

On October e, 2017, after site visits, issuance of a Notice of Violation (NOV), and a hearing, the Bureau of Fire
Prevention (Bureau}, pursuant to Section 109.4.3(g) of the San Francisco FJl-e Code, Issued a Decision and
Order directing abatement of cited violations of the San Francisco Fire Code, and further ordered that the
premises pe vacated within 48 hours of issuance of the order pending abatement of these violations. The
Decision and Order also provides notice to the property owners and tenants of eligibility for tenant relocation
benefits under California Health and Safety Code Section 17975 et seq. The Decision and Order,
accompanying Order to Vacate, NOV, and hearing notice, are attached.

This letter sets forth the Bureau's determination of ellgibillty for such benefits.

According to the Fire Department's official records, the legal use of the mezzanine and first floor levels of the
property at 2966 24th St is for commercial business. At some point in the pas~ portions of this building were
unlawfully converted Into residential occupancies without appropriate permits legalizing this change of use, or
authorizing the associated construction. This building thus currently contains 27 dwelling units, with no rescue
windows and just a single means of egress.

The Bureau Inspected the pro)l(Jrty and Issued a NOV#1708-0164 on September 13, 2017. The Bureau then
on September 25, 2017 noticed an administrative hearing that was conducted on October 5, 2017. As noted In
the post-hearing Decision and Order directing abatement of cited code violations, conditions unsafe to human
life persist, and warrant that the residential units on the mezzanine and first floors of this building be vacated
pending abatement of these conditions. •

California Health & Safety Code Section 17975 provides that


Any tenant who Is displaced or subject to clisplacement from a residential rental unit as
a resolt of an order to vacate or an order requiring the vacation of a residential unit by a
local enforcement agency as a result of a violation so extensive and of such a nature
that the Immediate health and safety of the residents is endangered, shall be entitled to
receive relocation benefits from the owner as specified in this article. The local
enforcement agency shan determine the ellglbllity of tenants for benefits pursuant to this
article.
Section 17975.2 provides that:
The relocation payment shall be made available by the owner or designated agent to
the tenant Jn each resldential unit and shall be a sum equal to two months of the
San Francisco Fire Department
Division of Fire Prevention & Investigation
698 Second Street, Room 109 San Francisco, CA 94107
Office (415} 558-3300 Fax (415) 558-3323
San Francisco Fire Deparbnent
Division of Fire Prevention & Investigation • Daniel de Cossio, Fire Marshal

established fair market rent for the area as determined by the Department of Housing
and Urban Development pursuant to Section 1437f of Title 42 of the United States
Code. In addition, the relocation payment shall Include an amount, as determined by
the local enforcement agency, sufficient for utility service deposits. The relocation
benefits shall be paid by the owner or designated agent In addition to the return, as
required by law, of any security deposits held by the owner. The relocation benefits
shall be payable on a per residential unit basis.
Under Section 17975.1 (a) 1 the owner must pay the relocation benefits to the tenant within 10 days after the date
that the order to vacate Is first malted to the owner and posted on the premises, or at least 20 days prior to the
vacation date set forth in the order to vacate. whichever occurs later. However, as noted in Section 17975.1(b},
If there are fewer than 1Odays between the first posting and malling of the order to vacate and the vacation
date, the owner shall pay the relocation benefits within 24 hours after the notice Is posted and malled.

The Fire Department, Vfa the Bureau; is the •tocal enforcement agency" for purposes of enforcing the California
Health & Safety Code sections cited above. The Department is thus required to make two determinations: (1)
eligibility of tenants for relocation benefits, and (2) amount sufficient for utility service deposits. The amount of
the relocation benefits ls the fair market rent set by Department of Housing and Urban Development ("HUD"}.

Section 17975.2 provides that the relocation benefits are payable on a per residential unit basis. None among
Chapter 5, Article 2.5 of the Health & Safety Code, the San Francisco Housing Code, the California Fire Code,
or the San Francisco Fire Code, defines •residential unit• However, under the City's Municipal Codes, a •guest
room• is considered a residential unit when occupied by a person for at least 32 consecutive days. (S.F.
Administrative Code Section 41.4(n), (q); S.F. Rent Board Rules & Regs., Section 1.17.) There is no provision
in Chapter 5, Article 2.5, Sections 17975, et seq., of the California Health & Safety Code requiring that tenants
must have been residing in a legally authorized residential unit in order to be eligible for relocation benefits.

Upon inspection of the property, the Bureau determined that the unlawful residential occupancies constructed
on the basement level of 2966 24th Sl Involved 27 Illegally constructed guest rooms. I hereby determine that
eaeh of the 27 guest rooms at the property ls a residential unit under Health & Safety Code Sections 17975, et
seq., and that each person who ls able to demonstrate that he or she had been IMng In one of the 27 !Regal
guest rooms for at least 32 consecutive days at the time the Bureau Issued Its Decision and Order and Order to
Vacate Is eligible for relocation benefits under the above-cited sections Of the Health & Safety Code.

HUD's calculation of the fiscal year 2018 falr market rent for an efficiency (zero-bedroom) unit Jn San Francisco,
as published in the Federal Register, Is $2,014. Since the other calculaUons by HUD are for one-bedrooms and
up, I find that the fair market rent for an efficiency unit Is the closet category to a guest room. I therefore ·
determine the owner of 2966 24th St Is required to pay $41028 ($2,014 x two months) for each guest room,
which sum Is to be divided among the eligible tenants of that guest room. Additionally, information the
Department received from PG&E and the San Francisco Public Utilities Commission Indicate that the amount
sufficient for ulinty service deposits in San Francisco is $432 per unit ($216 x 2 months). Therefore, owner
Wiiiiam & Silvia Rodri and/or their designated agent and/or persons responsible IS ORDERED to pay a
total relocation benefit per unit Is $4,460 within 24 hours of posting and malling of the order to vacate.

This decision Is appealable to the Relocation Appeals Board within fifteen (15) calendar days of the date this
decision was posted and served. Such a writing must be submitted to the Relocation Appeals Board, 1 South
Van Ness Ave .. San Francisco, CA 94103, http://sfgov.orgfrelocalion (reachable by telephone at (415) 701-5598)
within fifteen (15) calendar days of the date this decision Is posted and served.

San Francisco Fire Department


DMslon of Are Prevention & Investigation
698 Second Stree\ Room 109 San Francisco, CA 94107
Office (415) 558-3300 Fax (415) 558-3323
San Francisco Fire Department
Division of Fire Prevention & Investigation • Daniel de Cossio, Fire Marshal

yuty.
be~~~
Daniel de Cossio
Fire Marshal

Enclosures:
Notice ofViolatlon: issued January 5, 2017 (Violation ID: 1708-0164)
Hearing Notice
Decision and Order
Order to Vacate

San Francisco Fire Department


DMalon of Fire Prevention & Investigation
698 Second Street. Room 11>9 San Francisco, CA 94107
Office (415) 658-3300 Fax {415) 558-3323
• d.. --~-,;+.;

EXHIBITD
. '

Commerdal Lease
This Lease is made on .Ja11 1, 2012 , between Silvia bdrlpn t

Landlord, of 2966-B 24th Street ,City of


Saa Pnaclaco , State of__..Ca___.llf.........,o..,.m..,.1-..•_ _ _ _ _ _ _ _ _ _ , and
_.::l'rll,:.:::nc:::i:::aco=..:Llloll=~Ba=r:.::ra:ac:,::.o___ , Tenant, of 2966-B 24th Street
c~ of Sall Praoof !£9 , State of f!pHfornia

1. The Landlord~ to rent to the Tenant and the Tenant agReS to rent ftom tbe Landlord the following
property:
2966-B 24ti. Street
San l"rallc18co Cl 94110

2. The rental payments will be$ 3,800.00 per month and will be payable by the Tenant to the Land-
lord Qtbe bt day of each month, beginning on J'aly 1, 2012 • If any rental pay-
ment is not paid within=· days of its due date, the Tenant agrees to pay an additional late charge of 5% (five
percent} of the rental payment due.

3. The term of this Lease will be ftom_--=-.Jul::s.11y_,l..,.--=20....,12=-- , until J'uly 1. 2017 . lfTcnant
is in full compliance with all of the terms of this Lease at the expiration of this tmm, Tenant shall have the option
to renew Ibis Lease for an additional tam of 5 t!!J:! , with all terms and conditions of
this Lease remaining the same, except that the rent shall bes....,...., & ttm n- . If the Tenant remains
as tenant after the expiration of this Lease with the consent of the Landlord but without signing a new lease, a
month-to-month tenancy will be created with the same terms and conditions as this Lease, except that such new
tenancy may be tcnninated by ninety (90) days written notice from either the Tenant or the Landlord, and that the
rentshallbeS ___l/_A~~-----~

4. The Tenant bas paid the Landlord a security deposit of S-.0."""'00.....__ _ _ _ _ _ • This security deposit
will be held as security for the repair of any damages to the property by the Tenant. This deposit will be n:tumed
to the Tenant within ten (10) days of the termination of this Lease, minus any amounts needed to repair the prop-

erty, but without interest.

S. The Tenant has paid the Landlord an additional month's rent in the amount ofS--•...l=A_ _ _ _ __
This rent deposit will be held as security for the payment of rent by the Tenant. This rent payment deposit will be
returned to the Tenant within ten (10) days of the termination of this Lease, minus any rent still due upon termina-
tion, but without interest
. .

6. The Tenant agrees to use the property only for the purpose of canying on tho following lawfill h1irineu:
llEUIL/1DIOLI SALE.
:
7. The Landlord agrees that the Tenant may install the following equipment and fixtures for the pUrpOSe of operat-
ing the Tenant•s business and that mch equipment and fixtums shall remain the property ofthe Tenant:
TO BE lllGO'llATD.

8. The Tenant bas impec:ted the property and has found it satis&ctoly for its intended pmposes. Tho Landlord
shall be responsible fur the repair and upkeep of the exterior of the property, including tho root; exterior walls,
parldng mu, landscapbJ& and buiJdiag foundation. 1be Tenant shall be mpouible fur the rapair and upkeep of
the interior of the property, including all electrical, mecbanical, plumbing. heating, cooling, or any other system
or equipment on the property. Teumt agrees to maintain the interior of tbc property and the IUl10UDdiDg outside
area in a clean, ~ l1ld sanitary mamier and not to make any alterations to the property without the Landlord's
written coDSeot. At the tmninatioa of this Lease, the TCDlllt agrees to leave the property in the ame condition as
when it WU received, except for aonnal wear and tea Tenant also agrees to comply with all rules. Jaws, regula· I
lions, and ordinances afl'ecting the property or the business activities of tho Tenant.

9. Tbe Tenant agrees to obtain and pay for all necessmy utilities for the property.

10. The Tenant agrees not to sub-let the property or assign this Lease without the Landlord's written consent,
which shall not be unreasonably withheld. Tenant agrees to allow the Landlord reasonable access to the property
for inspection and npk Landlmd apees to enter the property only after notifying the Tanant in advance, except
in an emergency.

11. If tbe Tenant &ils 1D pay the rent on time or violates any other tmms of this Lease, the Landlord will provide
written notice of the violaliOll or defimlt, allowing 30 days to correct the violation or default. Ifthe viola-
tion or default is not completely corrected within the time prescnl>ed, the Landlord will have the right to terminate
this Lease with 30 days notice and in accordance with atat.o law. Upon taminltion of this Lease, the Tenant
agrees to sunender poaeasioa of the property. Tho Landlord will also haw the right to m-eotar tho property and
take possession of it, remo'R Tenant and any equipment or possessions ofTenant, and to take advantaF of any
other legal remedies available.

12. The Landkxd agrees to carry fire and casualty insurance on the property. but shall have no liability for the
operation of the Tenant's business. The Tenant agrees not to do anything that will increaso the Landiord11 insur·
ance premiums and, fbrther agrees to indemnify and bold the Landlord hannlMs from any liability or damage.
whether caused by Tenant's operations or otherwise. The Tenant asr=s to cmy and pay all pmnimns for cuu..
a1ty insurance OD any equipment or 1ixtures that Tenant installs at the property. Jn addition, the Tenant agrees to
carry business liability insunnce, includhig bodily iqjmy and property damage coverap, covering all 'Dmlnt's
bnsinea operations in the 8DlOUDt of Sm Bl .,......,. with the Landlmd named as a co.insuml party.
Tenant agrees to furnish Landlord copies of the insurance policies and to not cancel the policies without notifying
the Landlord in advance. Tenant asrees to provide Landlord with a Certificate ofInsurance which indicates that
Landlord is a co-insured party and that Landlord shall be provided with a minbnum of ten (10) days written notice
prior to cancellation or cbaop of coverage.
.-
13. This Lease is subject to any mortgage or deed of trust currently on the property or which may be made against
the property at any time in the future. The Tenant agrees to sign any documents necessary to subordinate this
Lease to a mortgage or deed of trust for the Landlord,

14. This Lease may only be terminated by 30 days written notice from either party. except in the event
of a violation of any terms or default of any payments or responsibilities due under this Lease, which are governed
by the terms in Pl\l'Bgl1lph 11 of this Lease.

15. Tenant agrees that if any legal action is necessary to recover the property, collect any amounts due under this
Lease, or correct a violation of any tenn of this Lease, Te1l811t shall be responsible for all costs incurred by Land-
lord in connection with such action, including any reasonable attomey•s fees.

16. As required by law, the Landlord makes the following statement 0 Radon gas is a naturally-occurring radioac-
tive gas that, when accumulated in sufficient quantities in a building. may present health risks to persons exposed
to it. Levels of radon gas that exceed federal and state guidelines have been found in buildings in this state. Ad-
ditional info~ation regarding mdon gas and mdon gas testing may be obtained from your county health depart-
ment".

17. The following are additional terms of this Lease:


1'uaD.t is .:responsible for all Ullitlitiea for the address above.
Te9ai)t is ~~oosible for all up grades and to ll8ke sure they will be up to
code with City and State Building Laws.

18. The parties agree that this Lease, including the following attachments:

is the entire agreement between them and that no tenns of this Lease may be changed except by written agreement
of both parties. This L~ is intended to comply with any and all applicable laws relating to landlord and tenant
relatiooships in thiistate. This Lease binds and benefits both the Landlord and Tenant and any heirs, successors,
representatives, or assigns. This Lease is governed by the laws of the State of-::Cal~if=orn=.=.lll:o=i:i:a:...__ _ _ __

Sigriature of Landlord

~~
Nameof Landlord
' '
Franci8co Leon Barranco
Name of Tenant 60 Belvedere Street
San lafael. CA 94901
(415) 206-1236
. . . .

EXHIBITE
SUM-130
SUMMONS
(CffACION JUDICIAL)
UNLAWFUL DETAINER-EVICTION
(RETENCldN IL/cn'A DE UN INMUEBLE-DESALOJO)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
Francisco Leon Barranco
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
SllVla Rod u~

1. 1he name and add,_. of the ~tr.


(El~ ydtKd61H. la colt&es):
~
_..rt - 65 9 21 4
Supeflol' Court at Cdfomfa, County of San Francisco
400 McAllater street, San Francisco, CA 94102
2. lb.& name, addnfa. and telephone number of plafnlln'a attorney, or plainlfff Wlthaut., atlamey, 11:
(S nombie. /(! dltacd6tJ y el nOmero de ltNblo de/ abogado de/ demendanle, a del demandante que no Ilene abogedo, u}:
Francisco A Gutierrez (SBN 238483) 220 Montgomery Street. Suite 1920
The Law Office of Franclsco Gutierrez San Francisco, CA 94104
Tel. (415) 805-8508
3. (Mual be anawtll'8d Jn all caau} An ... nlawful ............ m~t (BUa. & Prof. Code, H 9400-8415) 181 dkl not D did
for compenll8tfon give advice ot asllnlnce wfth this form. (H p/akltJlf htlS recelv8cl any help or advice for payfmm an unlawful
dfltaher 8S#llstant, complete Item Bon the nm PflflSJ

~ JUL 14 2017 OLERKOFTHECOURT ~J DEIAVEGA-NAVARRO.Dosp'J'=


(For proof of_,.
de
of lhls aummons. use Proof of s.w:. of Summons (fotm
de•• c#8ll6n UH el~ Pfoof Service of
of
POS-010J.J
SUmmone, (POS-1110)).
lll!NJ 4. NOTICE TO THE PERSON SERVED: You are served
a.~ as an lndlvlduaf defendant.
b. 0 u h pensCln sued under the tlcllllous name of (speclfj}:
c. D as .. occupant
d. 0 . on bet18lf of (eptlClfy): ,
tmder. D CCP 418.10 (caqxirallon)
D COP 418.20 (defunct c:crporallon) '
D CCP 418.40 (auoc:latian or partnership)
8D CCP 416.60 (minor)
CCP 416.70 (consermee)
CCP 416.90 (authorized peJSQTI)
0 CCP415.48 (occupant) D other (spec/fy):
by personal delivary on (date):
p t I
SUMMONS-UNLAWFUL DETAINER-EVICTION Cadtl o1 Chi l'nadln. H.t12.20. 415.45L t111
'.•. - . -.-.rllnl'D.I:&.-
. '

,.. y

SUM·130

~ DEFENOANT-Fmncllm
Roclrfauaz
l'IAINTIFF - -
Lean -
e. Unlawful de1111ner a11lmnt (complete II plelntllf has teCeW any help or adVlce for pay hum an tmlaWffJ d&tll/ner asalstant}:
a. Asllltanl's name:
b. Telef>hone no.:
c. Street addr8118, cly, Md zip:

d. County of raglstrdon:
e. Ragllbatfon no.:
f. Regfalra&n mcpkes on (dale}:

..... ···-
51At-t30 (Rn,"""' •• 2009J
"-" . \
SUMMONS-UNLAWFUL·DETAINER-£VICTION hge20f2
AT1CRNEVORPARTYVVllHOUTAT'IOANi.Y (Namt,, .... 1111' ....... am.-..J:
Francisco Gutierrez SBN: 238483
'lbe Law Office ofFrancisco Gutierrez
220 Montgomeiy Street, Saice 1920
SAN FRANCISCO, CA 94104
'll!LEPHCM! NO.: (415) 805-6$08 FAX HO.~
E-MAll.AODREU ~ftancisco@stzleplcom ~
A11tlf'IHEY ~ {NtllDtll: P. .tiff Silvia •
SUPERIOR COURT OF CALFORNIA. COUNTY OF
81REllT AD1:1RS8S! 400 McAUistcr Street
MM.IHGADl.'IRIWl: 400 McAlliltcr Street
cnv.vtDZIPCODI: Sm Francisco, 94102
llRANOI NAME: • • Center e
PLAINTIFF: Silvia Rodriguciz
DEFENDANT: Francisco Lc:oa Bammco

[](] DOES1TO JO
COMPLAINT-UNLAWFUL DErAINER•
(XI COMPLAINT CJ AMENDED COMPLAINT (Amendment Number.
Jurfadfctlon (chtµ:k all 'lhal apply):
[X] ACTION IS A LMTED CIVIL CASE • - • •
Amount d......, [i] daea not exceed S10,000
D exr:eed• 110,oao but doea not exceed $25.aoo
0 ACTION IS AN UNLIUITED CIVIL CASE (amount demanded axcaeda $25,000)
0 ACTION IS RECLASSIAED by thfa amended complalnt or crou-compfalnl (t:hfH:k aH that apply}:
D fRlln ~I detainer to general unllmlted clvll (poa1881on not In laUe) D from lllnftad to udnlled
D from unlawful detarnertoaeneral llmlbtd dvl~ nat In luue) CJ flam unllmlted tolllrllllld
t. PlAINTIFF (name ea:h): Silvia R.oddgucm
alleges cansea ol ecdon against DEFENDANT (nanre each}: Francisco Leon Bmanc:o

2. a. Plafntlff Is (1) DrJ an lndMdual over the age of 18 years. (4) CJ a partnersnp.
(2) CJ a publlo agency. (5) Cl a c:orporadon.
ca> D ot11er (speclfyJ:
b. D PlaJntlff has compled wllh the llclllous buslnesa name law& and II doing business under the ftctlUoUs nmna of (apec/fy):

3. Defendant named aboVe iB In poeaealon of the premlaal localed at (streel address, apt. no., city, z.t:> code, aJd COUIJly):
2966- B 24th Street, Sm P1J11Cisco, CA 94110, County ofSmt Frucisco

4. Plalntlffa Interest In the premlaea Is rn


as owner D
other (spsclly}:
s. The bue names and capaciUes or defendants sued as Does ara tl'1Mown IO plalntfff.
6. a. On or about (dale):Jaly l, 2012 defendant (name each}: li'rancisco Leon Bamoco

(1) agreed IO rant the .premlaea as a D ~ tanancy rn.


other tenancy (spec:l/y): 5 year plus one day term
(2) agreed to pay rent of $3800.00 · payabfe OD monthly D other ($pSC/ly frtJquetJ;yJ: •
(3) agreed IO pay rent on the rn
llrlt Qf the month D other day (speclly):
b. This [X) Wrfltan CJ oral agtaemenl WU made wW1
c1> rnpta1nt1t1. C3> D plaintiff's predecasaorln Interest.
(2) CJ plalndtrs agent. (4) D other (specify}:
•NOTE: Do not use lhls torm ror evictions aflar safe {Coda Clv. Proc.,§ 1161a). Pag11' of3
Qn!C;icle,' ·~ ......
~· COMP.LAINI~NLAWFUL DETAINER C:r.l,.~..t:l!t•U.IH.t2.1111SH--,.

""''""°'~~e=ii:>·
.-:n:i,.. tao:'·--
' !

~ANT(Mlm9J:Fraocilco Leon~
[ PUW. DFF. (Nsne..~:SimaRodri."guez 1--
_
6. c. CKI The defencfan1s not named Jn bm ea are
(1) CJ aublenantB.
(2) D aaa1g1. . .
(3) 00 other (~:Unknown ocaq;ann
d. OD The &gf8erQllflt was later changed as follows (sptlCJly): The rent payment date wu changed fiom tho 1st of the
month lo the 10th of the month by mutual consent of the parties.

e. O[I A copy of lhe written &gf98fn8l1t. lnckJdlng any addenda or allBchmenls that form lhe basis of this c:omJMlnt. Is attached
and labeled achlbl 1. (Rsqulredforf8llldenllal ptDp<Vtx, unless Item Bl Is chet:ked. See Cade Clv. Pttx:., § 11tl8.)
f. D (Far lf!llfldtlnllal pmpetty) A Q1PY of the written agreement ls not allached because {specify reason):
(1) D the wrlllan agll8m9nl Is not In the po1111llon or the lanclard or the landlonfa employees or agent&.
(2) D thls action Is 10lely for nonpayment of rent (Code Clv. Pn>c., § 1181 (2)).
1. D a. Defendantl,,.,,.RClrJ:

was served lhe foloWjng notice on the same dale and In the same manner:
(1) D3-daynodcalopayrantorqut (4) D 3-daynotlcetoperfonncovenanrsorqult
(2) D30-day notice to qu1t (6) D 3-day not1ce to qull
CJ 60-day notice to CJJlt
(3) (6) CJ Other (specify}:
b. (1) On (dale): lhe period 8bUed In the nollce expired at the and of the cW/.
(2) Defandanls falllld to comply with lhe requirements of the notice by lhal date.
o. Al faCla llabild In the notice are true.
ct. D The no11ce lnckJded an elecUon or h>tfeftl.lfB.
e. D A CCJPY of th• nodce Is attached and labalad &hlJlt 2. (Required fol l8Sldontktl pmptJfty. See Cat.it Clv. Proc..
f 1166.)
f, D Ona or more daferKfanlB were aerved (1) with a cllfarent notice, (2) on a clfferent dala, or (3) In a dlfeiant
manner, as ltaled i,. Allachment SQ. (Check llem Be and attach a stlJlement ptOri:llng the lnlarmallon requited
by fems 7a-e and 8 tortlllClr def8ndant.J
8. L CJ The nodce In bm 7a wu llf\lad on the defendant nani-1 In Item 7a aa folk>ws:
(1) CJ by personaly handing a copy to defendant on (date):
(2) CJ by leaving a copy wlh (naine or~):
a person of 1Ubble age and dlla'etlon, on (date): at defendant's
CJ residence D buslnna AND mallng a copy to defendant at defendant'& place ol rn1dence on
(date}: bec:ause defendant Cll'lnot be found at defendant's 1\181C1111CU or usual
or
place bUa1nea8.
(3) CJ by po8tlng a copy on the premises on (date): CJ AND gMng a cop,r
peraon foUnd l'lllldlng at lhe prentlses AND mallng a copy lo defendant at the premises on
'° a

(dais):
(a) D because defendants r&111dence and usual place of bUslnaA cannot be BIC8rmk1ad OR
(b) D becauu no petaon of subl:lla age or dllaeUon can be found lhera.
(4) D (Not for 3-day notice; see CMI Coc*I, § 1946 before us/ng} by sending a copy by certified or reglstsrad
rnal addrelied ID defendant on {dale):
(6) D (Not for l8lldBntlal tensndetf: see ctvll Com, § 1953 before using} In the manner 8pecltled In a written
commetctal lease belwNn lhe parties.
b. D (NameJ:
was served on behalf of all defendants who sJgned a joint written rental agreement.
c. D lnlDrmallOn about serV1ce or notk:a on the derendanla a11egec1 1n tam 7f ta staled 1n Attaahment ec.
d. D Proof of service of Iha notice In Item 7a Is attached end labeled Exhblt 3.

. ; .. COMPLAINT-UNLAWFUL DETA1NER
' .

- PLA1NTJPJ" {N#ne}: Sllvfn lt~1acz


DEFENDANT(NanlctJ: J~nmdsc:o L\.'U11 &mute,,
9. DD Pa.k1tJff damancts pofS9lllon Imm oach defendant because of OllJJflalfon of a lflred-tetm lease.
10. Cl At lhe limlJ Iha Uay nolbt IO pay rert ar quit wu .ervect, the amount of rent due WilS S
t t. m Th• fair telllll value ol lhe pnlfnlQs Is $ l:!ri.67 per day.
12. D ~ contlnUed posllltlS&lon Is malldous. and plalntilf Is enlitled 10 11a1Utory damages under Coda of Civ11
Procedu111 ac:don 1174(b). (Slate tlpllCillt: facta suppottl1'a a claim up to $BOO In Atlachmenl 12.J
13. rn A wrlten agreiment betwetn lh• parties ptovfdu for attomay tees.
14.
.
Cl Dllfendant's tenancy la IUbjecl to the local lllf1l control or eviction ~trol ordinance of (cJly or counly, tirle al ordnance.
and date al passaoa):

15. D Other alegallona art stal8d In Attachmtnl 15.


16. Plalmlff accepta the )urildlc:Oonal llmil, I any, al lhe court.
t7. PLAINTIFF REQUUTS
a. posse11Jon of the ptemfses. damages at the rat• &tatad In Item 11 from
b. costs lncUrrad In d1ls proceeding: '· DU (dat•): July 2. ?O 17 ror • day that
c. CJ past-due rent of s defendants n9l1'laln In poll8Ulort lhtough entry of judgment.
CL DO reaeonable iltomey fHs. g.Cf Sl8IUIOry damages up to $600 tor lhe c:onduct allgld In Item 12.
•. D foffalluu ot Iha agtlC!ftlllnt. h.0 other (spedly):

18. ~ NUmberorpageuuached($plCl/yJ: _!__

UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, ff &400-6415)

a. Assistant"& '*'18: c. Telephone No.:


b. Street address, cky. and %'1 code: d CoUnly of reglslration:
e. Raglstrallon No.:
r. Expires on (date}:

Dile: July lO. 2017

fmorlu:o <;111hm:r:
VERIFICATION
/Use a dlHerent vedllcalion IOITn II the wrlficadon IS by an attomey or tor a corporal/on or partMrshtp.J
I am Iha pfalntUI In Utls proceeding and have l'Ud this complalnl. I dcdam under penaly of perjury under Iha laws ol lhe &ate of
Callfomia that the foregoing Is lrue and conect.

Date: July l0.2017

Sl!\'ia ltudri;1~'-

·COMPLAINT-UNLAWFUL DETAINER
• ~ • t

EXHIBIT 1
.. .

.
COPY OF COMMERCIAL LEASE
Commercial Lease
Tbil Leue is made Oil Jlll.7 1, 201Z , between SU.YI.a llalldg!a
Llndlonl, of 2966-B 24tb Sti:eet ,Cil;yof

Saa l'amd.HO , Stateof_.....c-._1,_t__fo rn.,.....,t...,•--------- ,and


...

Qty of 'n !rer1 11CO • S1lle or Qel!fonde

I. The l.mdlmd ~ IO mot to the "nmatand the 'nmlnt qroes to rent ftom the Lmdlord the following

poperty: 2966-B 24th StrMI:


.Sim IDDCfro Cl 94110

2. The l'Clldll paymenla will bo S S,800.00 per month ad will be payable by the Tcout to d»Land-
kd :itbe 1" dJyof-=bmaadi,beginniagon J'lll.r 1. 2012 • lfaynmlpay..
meat ii not paid wilbfn-· days offts due dam.1be 'fealDt agmes to ply ID ldditioaal fate c:lwp of 5" (ihe
percent) ofthe rerml paymmt duo.
·I

3. The term of this l..e8lo will be mxn Jaly 1. 2012 • until .1111.y 1. 2017 • lfTCIDIDt
is ill Ml compliace wilb.111 of the lmml of this Laue at the expiration oCtbil term, Tenant sblll lmve Ibo option
to rmew this Leae ill' a addftinnel term or 5 J!!J:! , with all Imm and CODditiom of
Ilda Lease J'fllNinina 1he lllDC, m:cpt 1bat1bo nmt aha1l bo $•• ..... It ... ...... . Ifdie 'nmaatmmilll
a tenant after tbo apindioo ofth& Loue wida Ibo c:omeat of lbe L1Ddlmd bQt without lfgping a new lease, a
moath-to-moalh teamcy will be crea1ed with the me terma IDd conditiom a this Leue, except lbat IUCh new
1maDCy may be telJnimded by ninety (90) da)'I wriUen notice ftom either the TQDt or Ibo Laadlord, and dmt the
matlball be s_. . .11.........,:a._ _ _ _ _ _ __

o.....oo
4. The Tenant bu paid the I.andlmd a secarity dcposft ofS .... _______ .Tbia security deposit ·
will be held a warily fix the npair ofmy dmmgea lo the property by tile Temmt. This deposit will be hltluned
to the 'Dmlat widda • (10) da)'I of the tmmlnadon oftbls Leuo, minus any amom•ll needed lo Rplirtbe ~
erty, but without iDteraL
.
S. Tbo Tenant bu paid the Laadlordaa additioaal month's nmt in.the emountofS ___,!J~A_ _ _ _ __
"l1lia rent deposit will bo held u seeuri1J for 1he payment ofJent by lbe Tmint. Thia rent payment dapoait will be
rerumed to the 1mant within ten (10) days of the termination of this Lease, minus any rent still due upon tm:mim.~
tion, but without interest.
6. The Tenant ap:ea lo me the property only fur the purpose ofcanying m lbe 1iJDowina Jawftd buliaea:
urm./8JLB SILL
.
7. TbD l.andlmd lgreel lbat die 1mw.t may iDatlJI tho following eqidpmcd ad fixlmel fbr lbe pwpoee ofopent-
ina lbe 'nmar1 bllliwa IDd that IDCh equipment mlfixtmol lball remain the piupmy oftbe 'Imwd:
TO BB BGOn&nD.

8. Tbo Team hu impecled the prapmty and hll fbund ft adaf8ctoty for ftl hdmded puipow. Tbe LIDdlCld
an be nlp(llliblc fbr the mpaU- a upbep ofthe .cerior ofthe pzoperty.1nc1w1q dlelOO( a:ter1or ..u...
pnkfna-. •an:fetwpln& IDd lmfkHna foUD'kdon Tbo Tenmt sball be dlpOllliblo ror tho repair and upbep or
the intedor of the p:upad.y. imhMling all elcctrlclJ, JllldwniceJ, phnnhing. headng cooHns. or my othcraysteaD
or equipment DD Iha p:operty. 'nBmt lll'Oel to mP.in die iaterior ofthe pmpeaty and Iha IWIGl•Dclioa amide
ana in a c:lan, -..-1 an11ay m•nner llld not to IDlb my wltemtfom to the propatywitboutlbe.Llllllord.'s
writtm eoasent. Al dae termin•tioa of ddl Lelle, lie Temmt aarees to ie..w thcpropwty in lbe . - C«JDditlon a
when it wa recelwd. eaept fbrllGllllll Wiii' IDd IDlr. 1ant aka 1pee1 to~ with all rulee. la-. repta.. I
tiom. and •"nm:w •f'&r:dna the popmty ar the b11lilwe aclivttial of daa n.at.

9. The TeDlllt qlefll to obblin and pay fi>r ID DeCellllY udHtiM for the property.

10. Tbe Temnt 1gmc1 not to sub.let the ).Jl'ClPClty or aaip 1hil Leue wilbout the JAndlnnl's wrfUm camma1,
which an not be aan:uooab1y wil•HM. 'Dmllnt egrw to .now the I.mcllmd nuomble acceaa to 1bepopcay
fbr illlpeedon IDd '."* Indlord. . to enter the popcaty oaly aftm' DOtifyiag lbe Tenant in advance, except
iD ID emerpacy.

11. Jftba 'DI.amt 11111 lo pay the nmt m time or violltel 8Df alher tclms oftbil Leae, the LIDdlold will pmido
wdaen DOCic:e oftbe 'Vfnldaa. or da&ult, allowing 30 da.)'I to comcttbe violltion or deftnlt. Iftho vioJa.
don or deflalt is not caqtlelely conectll!ld wi1biD the time pelClibed, the LwDont will have the riaht to tmnfnete
this Leae with 30 daya notice llld In KCOldanoo with 11t1te law. Upon 1e1111i•tioa of Ilda Leuo, die nm.at
apeea to IUllaldcr-poueaion of tho paperty. Tbe I.1ndlml will Illa lum tbe right to ro-enter the poparty and
lab posawino of it. remove Tcmmt and ay eqnfpDWJt or po11enriam of'Temnt, and to tab lldvlntqcofmy
other lepl lemedies available.

12. Tbo J.1ndJmd 1g1W to CID)' ilre llld Cllllllty iDlmance OD tho pmpedy. bat lhlU have DD lilhilfty b lbe
operation oflbe n..ar. mllinea, The 'llmant 111W not to do aydliaa dlltwDl incleue the IMMflml'a inlur-
aaco pmnionw ad. tbrtber qrw to fndemnifY ad hold tbe LancDonl lwnnl• lam. any liability or damqo.
wbetbcrcausecl by'lmane1opendoalDI'otbcrwile.The'nmanlagreoa1ocmy IDd pay all pm1imm fbrcuu-
alty i111uruc:e m ...y oqaip•wut Dl':lixluns that Temmt illltaDs attbD property. ID addition, the '1lmlDt qreos to
cmy busiDea Jiabilitj irm1111n, im:lading bodily iqjary and pmperty cfimtp coverqe, cowring Ill Tealot7s
basiw operatioai in the amount of'$!> s .,,,.,,.. with the Iandlonl DllllCd u a co-immal party.
Tenant qieea to tbmilh LandJmd oopiel of Ibo luurance poliaies and to not ClllCel 1he policiel without DOlifyiug
tha Landlord in ldvllnce. Tenant agrees to provide Landlord with a Certificate of Imunncc which iDdfcala that
Landlord is a co-iosmed party and dW Landlord shall be provided with a mlnim1nn of ten (10) days written. notice
prior to cancellation or change ofcoverage.
..

-.
...
13. This Lt:aae is subject IO any mortgage or deed of trust currently on the property or which may be made against
the· property at any time in the future. The Tenant agrees to sign any documents necessary to subordinate this
Ltase to a. mortgage or deed of tmst for the Landlord.

14. This Lease may only be tem1in•ted by 30 days written notice from either party, except in lhe event
of a violation of any terms or default of any paymenta or rcsponst'bilitics due under this Lease, which are governed
by the terms in Paragraph 11 of this Lease.

15. Tenant agrees that if any legal action is necessary to recover the property, collect any amounts due under this
Lease, or com:ct a violation of any term of this Lease, Tenant shall be responsible for all costs incurred by Land-
lord in connection with such action, including any reasonable attorney's fees.

16. As required by law, the Landlord makes the following statement "Radon gas is a naturally-occurring radioac-
tive gas that, wbell accumulated in sufficient cpntities in a building. may present health risks to persons exposed
to it. Levels of radon gas that exceed federal and state guidelines have been found in buildings in this state. Ad-
ditional information regarding radon gas and radon gas testin& may be obtained from your county healdl depart-
ment".

17. The following me additional terms of this Lease:


T~ is reapoaaible for all md.tllties for the address above.
Temmt la ruoaalble for all up graaea amt to llake nre they v:l1l lie up to
code with Cl ty and State Buildbg t.ava.

18. The parties agree that this Lease. including the tbllowing abacbmemts:

is the entire agreement between them and tbal no terms of this Lease may be changed except by written agreement
of both parties. This Lease is intended to comply with any and all applicable Jaws relating to landlord IDd tenant
n:lationsbips in this state. ibis Lease binds and benefits bolh the Landlord and Tenant and any heirs. successors.
representatives, or assigns. This I.ease is govcmcd by the laws of the Stale of-=r..1::1111~u:!!:.!o~rn~fie:=•~-----

Signatun: of Landlord

~~Name of Landlotd
Frauctsco Leon Barraoco
Name ofTenant 60 Belvedere street
Saa Rafael CA 94901
(415) 206-1236

· ·. .. LANDLORD'S NOTICE OF NON-RENEWAL OF LEASE


' .
..

M. C. HALL & ASSOCIATES, P.C.


Mic:hllcl c. Hall Attorneys mid Counselors at Law
ffllJcisco A. G111lmcz 605 Market Street Suite 900
Aoc:fn:s M. SlnGbez San Francisco CA 94105
Monica P. Deb Tel: (415) 512-9865
Fax: (41S)495-7204
mhalllaw.com

January 26. 2017

YI! Megepur. U.S. FJnt C••p M!IL


and Cerftfied MaO. Return Reglo« Requested

Francisco Leon Bammco


2966-B 24th Street
San Fmncisco CA 94110
I
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R~: lfetlq. °'f/;on-&nmal ofLm« t·
2966-B] Str#r, San Francisco, CA 94JJO !
•...
Dear Mr. Barranco: ..
.,Ii
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F
This office serves as legal counsel for Silvia Rodriguez. the lessor ("Lessor") of f
the commercial premises located at 2966-B 24111 Street, San Francisco ("the Premises; :)-

under that certain "Commercial Lease II dated July I. 2012 c•UJe Lease9). '

This letter shall serve as notice to you that the Lease tbr the Premises will expire
at the end of the term llt midnight on 1uly 1, 20 I 7 and will not be renewed fur any
additional term due to your default of the terms of the Lease as set forth in the Notice of
Default. dated January 26, 2017, served concurrently with this Nodce of Non-Renewal of
Lease.

As such, you are required to surrender the Premises to Lessor or her agent upon
the expiration of the lease term. If you do not vacate the Premises on or before the
expiration of the Lease, Lessor may immediately commence legal proceedings against
'
'
.
i
you and any o1hcr persons claiming a right of possession of the Prcmi• to obtain ;

judgment for restitution and possession of the Premises, unfawfill detnincr dama~ and "
t

costs of suit, which may include auomey•s fees. Pursuant to paragraph 8 of tho ~
you are required to surrender possession of the Premises in the same condition as when it
was received, except for normal wear and tear.

Sincerely.

•'
• ',! T
Mr. Fnmcbco Leon Barranco
Re 296f..B 14th Street, Son Fr111u:lsco CA 14110
Pap2

~:mpd

Copy Via First QM MaiL and Certiftecl Mail, Rqtum Rccoint Requested ''
Francisco Leon Barranco ~

60 Belvedere Street
San Ra&el, CA 94901 i
f'·"
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Additional copy to client i ~

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ATTORHEYORftAAlYVWPIOUf AlT0'9EY,,._, . . . . ._._ . .~ FORCOUlfTUS'l!ONLY
Francisco A. Gutierrez (SBN 238483)
The Law Qfftce of Francfsco Gutierrez
220 Montgomery street. SuHe 1920
SBJ1 Francfsco, CA 94104
11!LDttONUCLt (415) 805-6508 FAXNO:
AT10RHEYFDR#MlllllJ: SIMa Rod ez
SUPERIOR COURT OF CALIFORMA, COUNTY OF San Francisco
lmlliET NJDRUS:400 McAllister Slreet
MM.ttGAD.DAES8: 400 McAllister Shel
san Francisco, CA 94102
CflVAHDZIPCODE:
Civic Center Courthouse
11RANCH NMll:
CASE NAME: Sivia Rodriguez v. Francisco Leon Barranco

CML CASE COVER SHEET Complex Case DeslgreaUon


0 Undmlted B Lknftad 0 Counter 0 Jolnder
(Amount (Amount
demanded • demanded II Flied with first appearance by defendant
exceeds 000 $25 000 or feU Cal. Rula of Coufl, rule 3.402
1t8f11111-tJ beloW,,,.., be aee lmltnidlons 0n

2. This case 0 ·11 Im i• not complex under rule 3.400 of the Callfomla Rules of .Court. If the case is complex, mark the
a. 8
factors nKll*inD exceplonBljudldal m~
~~of l8p8l'8lefY reptnen(ad parties d. 0 Large number of Witneae•
b. . Extenllve motion pmdica l'lisitg cSlfllcUt or novel e. 0 Coordination wRh relalad ac:tiona pindlng In one or mora court1
.-... - • be llrne-conUnlng to raalve fn olher counries, ltates, or c:ounlriel. or rn a federal court
c. D sublta'IQal ~or docwnentiNy evklence r. D S~nlfaf postuctgmentjuclidal IUpeMslon
3. R11medlea sought (t:hM:lc al that apply): a. !Bl mClnll1aty b.181 nonmonetarr. dedatalory or lnjundlve r1llfQf c. 0 punitive
4. Number Of causes of mcllon (apeclfy): One (Unlawful Detainer)
5. TIU ca• 0 Is ~ Is not a cfeu adfan liUlt.
8. If hre f.re llJ'.l known Nlated cues, file and aerva 11 nollce of ralaled case. (You may use Tonn CM-016.J
Date: 7 flO / Zo n --i-- .&..< ~
Francisca A Gutierrez IMll"
. _.._
.
_ _~-"'=~==/=
nJRE Of' A
·==-==::::::=:::::----
NOTICE
• Plaintiff must flle P1is cover .tleel with the lltst paper filed In lhe adi9n or proceeding (except smal dllms ~or cases filed
under lhe Probllte Code. Famly Code. ot Welf8te and lnadlutlons Code). (Cal. Rules of Court. rule 3.220.) Fdure lo Me may relUll
In aandfons, ·
• Fie lflis cover sheet In addHlon to any cover sheel requlrad by local court rule.
• If this case Is complex under rule 3.400 el seq. or lhe Califomla Rules of Court, you must serve a copy of this cover sheet on all
olher pertiea lo the edlon or proceeding.
.
• Unlea this rs a cohctfons case under rule 3.740 or a complex case, thia cover sheet wlh be used for stalisllcal purposes only.
·~2

CIVIL CASE COVER SHEET


CP10.&
NOTICE: EVERYONE WHO LIVES IN TH'8 RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM
IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT.
1. If you live here and you do not complete and aubmit this ronn 1 you may be evicted without furthec' hearing by the court along With
the peraona named in the SUmmona and Complaint
2. You must lie this fonn wlUtln 10 days of th• da1e al servtca llatad In the box on the right hand side of this fonn.
• Exception: If you are a tenant bafng evicted after yaur lanclord lcat the properly to foreclosure, the 1D-day deaclne does not
apply to you and you may file this fonn at any time before judgment is entered.
3. Ir you lie this fOrm, your dalm v.111 be determined rn the eviction acfion against the peraons named In the complafnt
4. lf you do not fife this fonn, you may be evicted without further hearing.
5. If you are a tenant being evicted due to foreclosure, you have adcitional rlghla and should seek legal advice lmmeclaltly.
ClAllMNTOR~w•• .. A11'ClfllE\'C--•~ TI!!IS'HOHENO.: FOllCOURTwaoM.r
SBN:
fax:

A1TORN&'t Rift CNtmlt:


NAME OF COURT:SAN FRANCISCO
arRJiET ~00 McAllister Street
llMIUNG N.lt1Ralt400 McAllister Street
ary MIOZP cor:eSan FranciSco, 94102
llRANCtf IWill:Civic Center Courthouse

PlafnCHr:SiMa Rodriguez
Defendantftaneiaco Loon Barranco
PREJUDGMENT CLAIM OF RIGHT TO POSSESSION

Complete this form only If ALL Of these abdementa are true:


·--·· -17 - 6 5 9 214
1. You are NOT named In the accompanying summons and Complaint. (To be completed by the fXOC8SS SfllWI}
or
2. You occupied the subject premt... on before the dm
the unllWfUI DATE OF SERVICE:
detainer (eviction) complalnt wu flied. (The dale I• In the accompanying (Date that fonn 1:1 served ordelvered,
Summon1 Md Complaint.) posted, and malled by the officer or
3. You stlll occupy the subject premises. . process server)

I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:


1. MY name Is (speciry):
2. I reefde at (sltHI adchss, un/l no., city and ZIP code):

3. The address of "tfle premises" auijad to thla dalm la (acklress); 2966 - B 24th Sb'eet. San Fnmcfsco, CA 94110, County of San
Francisco

4. On (lnsett dBte): , the landlord or the landlord's authorized agent fifed a complaint to recover
ponessfon of the premises. (This date Is In the accompanying Summons and Campllllint.)
5. f occupied the premises on the date the COJ11>1alnt was filed (rhe dale in ilem 4). I have continued to occupy the premises ever
since.
8. I was at least 18 years of age on the date the complaint was fired (the date In Item 4).
7. I clafm a right to possenlon or the premises .because I occuplea the premises on the date the complaint was filed (Ille d&le In ilem
4). .
8. I was not named In the Summons and Complaint
9. I understand that if 1make this claim of possession, I will be added as a defendant to the unlawful detainer (evlcllon) action.
10. (Rllng fee) I understand that I must go to the court and pay a filing fee of S or file with the court an
•Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file the form for waiver of court
fees, I wiH not be entitled to make a claim of right to possession.
(Continued on reverse)
CPl!i.5 ft..-• ..':m4115. l!l15] PREJUDGMENT CLAIM OF RIGHT C:dt arlll;r.?rxtitMe, H .a1s..:e,
:!l.;1; ::'IJ;)l(l, tl74 l5
f TO POSSESSION T
I.,_ __.....
Plalntiff:Silvia Roclrigucz
~
CP10,5

I
11. If my landord lost thla property to foredoeure, I undendand that I can file this fonn at any time before judgment is entered, and
that I have adcllional rights and should aaek legal advice.
12. I undetatand that I \\'fl have five daya (excluding court holldaya} to file a response to the Summons and Complaint after I file this
Prejudgment Claim of Right to Poaanaion form.

N011CE: If YoU faR to fife this cllllm, you may be evfc:led without further hearing.

13. Rental agreemant. I have (check all that apply to you):


a. D an oral or written rental agreement with the Jantlord.
b. CJ an oral orwritten rental agreement with a person other than the fandord.
c. D an oral or written rental agreementv.1th the former owner who lost the property to faredoaure.
d. CJ other (explah):

I deelare under penalty of perjury under the blWa of the stale of CallfDmfa that the foregoing Is true and correct.

WARNING: PerjUry la a felony punishable by Imprisonment In the alate prison.

Date:

NOTICE: If you file this c:lalrn to possession, the unlawful detainer aclfon against you Will be
datermlned at trial. N. trfa~ you may be found liable for ren~ costs. and, In some cases, treble
damages.

- NOTICE TO OCCUPANTS -
YOU MUST ACT AT ONCE tr alt the fOHowlng are tnae:
1. You am NOT named In the accoma-nylng summons and Complaint.
2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was filed.
3. You atlll occupy the preml..s.

You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service (on 1he form) et the court
where the unlawful detainer (eviction) complaint was filed. If you are a tenant and your landlord lost the property you occupy
through foreclosure, thls 10-d&Y deadUne does not apply to you. You may file this form at any time before jUdgment Is
entered. You should seek legal advice Immediately.
If you do not complete and submit this form (and pay a tiling fee or file a fee waiver form if you cannot pay the fee), YOU
Vi/ILL BE EVICTED. · '
After this form Is property filed, you will be added as a defendant in the unlawful delBiner (evlclipn) action and your right to
occupy the premises will be decided by the court. If you do not file this claim. you may be fllliclad without a hesdng.

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION


EXHIBITF
SAN FRANCISCO FIRE DEPARTMENT
Bureau of Fire Prevention
698 Second stnMlt, Room 109
Sin Fraqco, CA 94107
(415) 558-3300 Date: 09/1412017

Violation ID: 1708-0164
NOTICE OF VIOLATION
IAddreas: 296624111 ST, SAN FRANCISCO, CA 94110 Blockllot:4206/017
Owner/Agent: IMLWAM C & SILVIA F ROORI, Phone:
Malling Address: 712 MIDWAY AVE, DALY CITY, CA 94015
Person Contaded At Site: Jose Gonzales Phone: 415-302·7041
To: WILLUAM C & SILVIA F ROORI (Property Owner/Occupant/Respanslble Party)
The property at 2966 24T!i ST hi& been lnspecled by lhe San Francisco Fire Department and one or more Ira COde lllolaUons 'Mte fOlnf. Thia la
an oft'lclal noffcallon lo amct the \lfolalon(1) by 9/1912017 12:00:<>0AM. Fallure lo comply Wiii resull In Jeglll action.
SecUon 109.4 or the Sen Francisco Ffre Code empowers mand>etl ot lhe San Francisco Fire Deplrfmenl, lhrol.lgh lhe Chief of Department, to
enfolce all provisions of the fire code against violations. A lessor may not retaliate agaklst a lessee rot the leslee's exen:lse of hill/her lfghls (See
Sedlon 1942.!J, Clvll Code).

BE=fNSpEcnotf fEE <Stct!on 1oe.u. Sin Fcancls£o Flf! Codfi


Wien the tlii code oJlclal 1111ues a notice of Vlollllfon and sets a da4e ror c:omplaoce and re-lnapectlon lo certify complanca with eoda
requremenls, the Ire coda oftlclal shall chBfVe a tee for the re-lnlpecllon and the person responsible shall pay thal ree.
RE-!NfPECDON Of VIOJ.Al!ON FEES fS!ctlon! 113.7. Sip Fnmclfco flt! CodpJ ·
If lhe fire COd8 ilfllclal Jail.lei a ~of \'!Qfallon under this code, hi nollc8 Of ~on may set a pe!1Dd or llme that 11 rusOl'llltie to rmnedy the
\'fOlatlon and the Ire code ollclal may nHlspect Iha property to verify that the person responsjt:je has made the tequlred correctlon. The Fire
Department shall collect a ree In the alnOlri of wo.oo for re-lnspedfons. If lhe Ume required for the re-tnspedlon 8l(Ceeds one hair, the Fire
Deparlmaft shall assess an addllonal fee at the rate of $125.00 per hoUr.

VIOLATION DESCRIPTION
2016 San fl'!lf1Clsco Fire Code
2016 San Ftanclxo Fire Ct,lde, Section
SFFC 105.1.1 llegai Occupancy
SFFC 110.1.1 LJn.sare CondUons
SFFC 109.7 UnlaWful Acts
CORRECTIVE ACTION
D STOP ALL WORK (Section 111.4, San Franclsc:o Flre Code).
~orrect vlolation wlthlft.3_ days. No permit requ)'ed. Jo Oblaln Permit within_ days.
BY ORDER OF THE CHIEF, SAN FRANCISCO FIRE DEPARTMENT
Con.tad: Inspector Theodora s. RelUyf) / fr I Phone: 4f},ff!3374
siJlilbPfMc~/I~
Issued By (Signature):
Signature of Person Contacted At~) ,A/If District:

.
VIOL ID: 1708-0164 - 2966 24TH ST, SAN FRANCISCO, CA 94110 Page 1 of3
EXHIBITG
San Francisco Fire Department •
Division of Fire Prevention & Investigation Danf el de Cossio, Fire Marshal
September 22, 2017'
Owner: WILWAM C & SILVIA F RODRI Address: 2966 24TH ST
712 MIDWAY AVE Block/Lot: 4206/017
DALY CITY, CA 94015 Inspector: Theodora S Reilly
Hearing ID: 1708-0164

NOTICE OF ADMINISTRATIVE HEARING


Date and Time of Hearing: October 6, 2017, 9:30 AM
Location: 698 Second Street, 1st Floor, San Francisco, CA 94107

TO OWNER{S), LESSEE(S), TENANT(S) AND OTHER PERSONS· OF INTEREST:

In accordance with provisions of the San Francisco Fire Code, the described premises Were Inspected and
vfolation(a) were round to exist. The Notice of Violation (NOV), a copy of which Is. a"'ched to this NoUce Of
Administrative Hearing, has been malled to the Owners(a) of Record or agent(s) and compllance has not occurred.
Therefore, the F'rre Marshal for the San Francisco Flre Department has probable cause to believe the building,
structure, or a portion thereof la an unsafe buffding or property.

Failure to comply with the decision of the Fire Marshal may result in the revocation of the Permit Of Occupancy
and/or Certificate of Occupancy Of the subject premises.

The Owner(s) of Record or the duly authorized representative is notified to appear at the Hearing to be ht[tld on the
date sl'IOWn above, at which ttme the Ffre Marshal oflhe SF Fire Department will consider the afleged violation(a) Cl&
set forth fn the attached NOV(s) and whether the buHdlng is unsafe and a public nuisance.

WARNING
Failure to comply With this request will result in further abatement proceedings and penalles as set forth in Sah
Francisco Flre Code sections 190.4.3(k) and 190.4.4•. If an Order of Abatement Is iBSt.led from the Fire Marshal's
Hearing, you will be billed for the entire cost Incurred in the code enforcement process, from the posting of the
Violation" untff the matter is resolved per San Francisco Fire Code Sections 109.4.2, 109.4.4, 109.5, 109.6. and
Table 113-C.
The Owner(s) Of Record Is instructed to notify the holder(s) of any Mortgage{s) or Deed(s) of Trust secured by this
property Of these proceedings. Also, the Owner(s) Of record shall advise the San Francisco Fire Department of the
name(s) d holder(s) Of any Mortgage(s) or Oeed(s) of Trust on thfs property. Please call Inspector Theodora S
ReUJy at 4161558-3374 if you have any questions regarding this code enforcement case.

BY ORDER OF THE FIRE MARSHAL. SFFD BUREAU OF FIRE PREVENTION.

Daniel E. de Cossio, Fire Marshal


SFFD Bureau of Fire Prevention

San Francisco Fire Department


Division of Fire Prevention & Investigation
698 Second Street, Room 109 San Franclaco, CA 94107
Office (416) 558-3300 Fax (415) 558-3323
RELOCATION APPEALS BOARD
CITY ANDCOUNIYOFSANFRANCISCO
EDWIN M.LEE
MAYOR

October 19, 2017

Olivia Scanlon
San Francisco Fire Department
698 2nd Street
San Francisco, CA 94107

RE: 2966 24th Street Relocation Benefits Detennination

Dear Ms. Scanlon:

The Relocation Appeals Board (Board) is in receipt of an appeal of your agency's detennination

of relocation benefits to be paid by Silvia Rodriquez to the residents of the above mentioned

property. This appeal is filed against your agency pursuant to Chapter 24B of the San Francisco

Administrative Code. The appeal asks that the Relocation Appeals Board review the San

Francisco Fire Department's detennination of relocation expenses for the residents who will be

displaced by the Order To Vacate 2966 24th Street, October 6, 2017.

The appeal was timely filed by Mr. Francisco Gutierrez, Counsel for Silvia Rodriguez trustee of

the William C & Silvia F Rodriquez Trust, the owner of the commercial property located at 2966

24th Street. Both the appeal is enclosed with this letter.

As Executive Secretary of the Relocation Appeals Board, I will conduct a background

investigation of this complaint. Upon completion of the investigation, the Secretary will attempt

to mediate a resolution to the matter. Mediation may include ex parte conferences with the Fire

Department, the trustee, the relocates or other persons or en!ities. Conferences, requests for
1 South Van Ness Avenue, Fifth Floor, San Francisco, CA 94103
Phone: (415) 701-5598 Fax: (415) 701-5501 TDD: (415) 701-5503
http://www.sfgov.org/site/relocation_index.asp
2

further written submission, and interviews may be necessary. If mediation is not successful, a

hearing will be scheduled within the statutory period of 90 days from the date the complaint was

filed. However, be advised that at this time the Board lacks a quorum necessary to conduct a

hearing and an extension may be necessary.

As the displacing agency, the Fire Department is required to answer the complaint in writing.

Normally, an answer to the complaint is required no later than fifteen (15) days after the

complaint is filed. However, the Board may extend the time for responding if necessary. Should

you require an extension please contact me within the original fifteen days in writing.

Please provide an answer to the complaint to this office by November 6, 2017. Please provide

the complainant with a copy of your answer within the same time period. Your agency may wish

to be represented by counsel during the mediation and the hearing process.

If you have any questions regarding this matter please do not hesitate to contact me.

Secretary

Cc: Francisco Gutierrez


City and County of San FranCisco
Department of Building Inspection
1660 Mission Street
San Francisco, CA 94103
COMPLAINT DATA SHEET
COMPLAINT NUMBER: 201709081

OWNER/AGENT: WILLLIAM C & SILVIA F RODRIGUE DATE FILED: 02-0CT-17


WILLLIAM C & SILVIA F RODRl LOCATION: 2966 24TH ST
SILVIA F RODRIGUEZ, TRUSTEE
BLOCK: 4206 LOT: 017
712 MIDWAY AVE
DALY CITY CA SITE:
94015 RATING: OCCUPANCY CODE
OWNER'S PHONE --
RECEIVED BY: GSA USER DIVISION: INS
CONTACT NAME
CONTACT PHONE -- COMPLAINT SOURCE: OFFICE VISIT

COMPLAINANT: anonymous ASSIGNED TO DIVISION: CES

COMPLAINANT'S PHONE --
.
DESCRIPTION: Illegal change of use, construction ofa bathroom w/o permit.
INSTRUCTIONS: Referred from BID NOV 201706381.

INSPECTOR INFORMATION
DIVISION INSPECTOR ID DISTRICT PRIORITY

CES HINCHION 1125

REFFERAL INFORMATION
DATE REFERRED BY TO COMMENT

21-NOV-17 Joshua HatTis CES

COMPLAINT STATUS AND COMMENTS


DATE TYPE DIVISIONINSPECTON STATUS COMMENT
--------
02-0CT-17 CASE OPENED PID DLEDDA CASE RECEIVED
02-0CT-17 PLANCOMPOLICYVIOL INS DLEDDA INSPECTION OF DL: Attempted inspection of property, no
PREMISES MADE access on entry letter to follow/ jh
l 2-0CT-17 PLUMB WORK NO PERMIT PID D LEDDA REINSPECTION 2 DL: Inspection conducted: Observed 2-1/2
bathrooms and 1 kitchen installed without the
benefit of a p1umbing permit. ABS piping
throughout, no clearances. Unable to inspect
the WIH. NOV posted, letter to follow.lac
17-0CT-l 7 PLUMB WORK NO PERMIT PID D LEDDA FIRST NOV SENT Mailed Notice to Abate Plumbing Nuisance
w/attac~ed copy of 1st NOV.lac
21-NOV-17 PLUMB WORK NO PERMIT PID D LEDDA FINAL WARNING
LEITER SENT
21-NOV-17 GENERAL MAINTENANCE PID D LEDDA REFERRED TO OTIIBR tranfer to div CBS
DIV

PAGE 1 OF2
CASE HISTORY AND ACTION

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Remarlcs Insp/clerk Timein
Date Action Initials Minutes

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0,.liA f/ fie:_ 56
w tflJ
( ( City and County of San Francisco
' Department of Building Inspection
1660 Mission Street
San Francisco, CA 94103
COMPLAINT DATA SHEET
COMPLAINT NUMBER : 201709081

OWNER/AGENT: WJLLLIAM C & SILVIA F RODRIGUE DATE FILED: 02-0CT-17


WILLLIAM C & S1LVIA F RODRI LOCATION: 2966 24TH ST
SILVIA F RODRIGUEZ, TRUSTEE .
BLOCK: 4206 LOT: 017
712MIDWAY AVE
DALY CITY CA SITE:
94015 RATING: OCCUPANCY CODE
OWNER'S PHONE -
RECENED BY: GSA USER DIVISION: INS
CONTACT NAME
CONTACT PHONE - COMPLAINT SOURCE: OFFICE VISIT

COMPLAINANT: anonymous ASSIGNED TO DIVISION: PID ·

COMPLAINANT'S PHONE -

DESCRIPTION: Illegal change of use, construction ofa bathroom w/o permit.


INSTRUCTIONS:

INSPECTOR INFORMATION
DIVISION INSPECTOR ID DISTRICT PRIORITY

PID LEDDA 6195

REFFERAL INFORMATION
DATE REFERRED BY TO COMMENT

COMPLAINT STATUS AND COMMENTS


DATE TYPE DMSIONINSPECTOR STATUS COMMENT

02-0CT-l 7 CASE OPENED PID DLEDDA CASE RECEIVED

COMPLAINT ACTIONBY DIVISION


DIVISION DATE DESCRIPTION ACTION COMMENT

NOV (HIS) NOV (BID)

PAGE 1 OFI
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CASE HISTORY AND ACTION

Address: 2 'f bh 2471 1>:+. Complaint: '2o i ]O 9'08 j Inspector: David Ledda

Remarks Insp/clerk Time in


Date Action Initials Minutes

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DEPARTMENT ( ~. BUILDING INSPECTION
Inspection Services
City and County of San Francisco
1660 Mission Street, San Francisco, California 94103-2414
(415) 558-6570 Website: www.sfdbi.org
DATE: 11/21/2017

PROPERTY ADDRESS:
2966 24TH ST
WILLLIAM C & SILVIA F RODRIGUE
WILLUAM C & SILVIA F RODRI BLOCK: 4206 LOT: 017
SILVIA F RODRIGUEZ, TRUSTEE
712 MIDWAY AVE Plumbing Complaint#: 201709081
DALY CITY CA 94015

NOTICE OF VIOLATION FINAL WARNING


Dear Property Owner( s ):

On 10/16/2017 your property was inspected and/or a Notice of Violation was. issued informing you of
required code abatement, and warnings for failure to comply. The time period to correct all cited code
violations indicated in this Notice has passed, and the Department records indicate that the required
code abatement work remains outstanding. Your case has been referred to the Code Enforcement
Division for enforcement.
. .
.
ASS'.E~SSMSl\Utii.OE~'.oftsrnsti.N(l)W{l:M'Flo~S'&ltl!~\ifi'~.'.'.;:ds'~j\{: ~~~t~·~·~:'.·\'J,i~:;~%'{i:W_r:~:,·~;:~-.;~it:{~'t~;.Jiill.;::;()~~:~
Therefore, pursuant to Section 102A.3 of the San Francisco Building Code you will be assessed costs
arising from department time accrued pertaining but not limited to: (1) site inspections and
reinspections, (2) case management, update, and data entry, (3) case inquiries (meetings, office visits,
phone calls, emails, response to correspondence etc), (4) permit history research, (5} notice/hearing
preparation, (6) staff appearances/reports at hearings, (7) case referrals, and (8) monthly violation
monitoring.

To keep the assessment of costs at a minimum, and avoid the accrual of further time spent on the
actions above such as administrative hearing preparation, and monthly violation· monitoring, etc.,
please complete all work within thirty (30) days. Contact the Code Enforcement Division at (415) 558-
6454 if you have questions concerning the referenced Notice of Violation.

Please note that you must also obtain all necessary building, plumbing, and/or electrical permits.
Obtain final sign-off from the Building Inspector on the building job card and sign-offs from the
Plumbing or Electrical Inspectors for the plumbing permit or for the electrical permit. Otherwise, the
work will be deemed incomplete..

§~§'t;·rwl(~~"§J;~.§gQ_$gp:;·wH~:t(1J~;yq9[il$. !8.f~~'[$~§~M~~t~"~lt~~~§t§:~'ii~!RtRf.'.:{~{;d.~;,r.·~-,~
This case will not be closed and assessment of costs will continue to accrue until (1) all required work
is completed as verified by site inspections, (2) final s.ign-offs are obtained for all required permits, a·nci
(3) all assessment of costs are paid.

YOUR PROMPT ACTION IS REQUESTED & APPRECIATED!


( (
City and County of San Francisco Edwin M. Lee, Mayor
Department of Building Inspection Tom C. Hui, S.E., C.B.O., ~irector

October 16, 2017


NOTICE TO ABATE PLUMBING NUISANCE
PLUMBING INSPECTION DIVISION

William & Silvia Rodriguez


712 Midway Ave. :
Daly City, CA 94015

RE: 2966 - 24th Street


Complaint #201709081

Dear Sir/Madam:

You are hereby directed to abate a nuisance upon premises owned, occupied or controlled by you ·at
2966 - 24th Street, and caused by tjefective, unsanitary or improperly installed plumbing in violation of
the Plumbing code (Part II, Chapter VII, of the San Francisco Municipal Code) as follows:

A complaint has been filed regarding the following-violations observed during physical inspection. 1}
2-1/2 bathrooms installed without permits. 2) 1 kitchen installed without permits, (SFPC Chapters 1,
3, 4, 5, 6, 7, &·11}

·A penalty bf $2,301.75 has been assessed for plumbing work without permits.

· You are required to hire a state-licensed contractor secure plumbing permits, make corrections and
schedule inspection (SFPC 2014, 101.4.1.2, Chapter 1 & 11). A $52.00 monthly violation monitoring
fee will be assessed (SFBC 102A.3, Table 1A-K).

Failure to comply with this notice Within 1O days will result in Abatement Action being taken pursuant
to Section 104 of the S~m Francisco Plumbin9 Coae Section 102 of the San Francisco BuildinQ Code .

. Plumbing Inspector's office hours are from 7:30 to 8:30 AM and 3:00 to 4:00 PM. The telephone
number is (415) 558-6463. Or you may reach through email: David.Ledda@sfgov.org or Senior
Plumbing Inspector Rob Christman at Bob.Christman@sfgov.org.

u/
Sine rely,
/ ..

avid Ledda
. Plumbing Inspector
DUac

Attachment: 1st Nati~ of Violation dated 10/16/2017

· Plumbing Inspection Division


1660 Mission Street- San Francisco CA 94103
Office (415) 558-6570 - FAX (415) 558--6178 - www.sfdbi.org
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~EPA~T~:E~T:OF.BUlLD~NG INSPECTION, OSECONi> NOTICE"
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ADDRESS ·4.%6 . c'2/f bT· 51:. . . ~.;... DATE:/D//'v/'/:-;:t.


·accuPANCYJ·usE'.', . ··;.- . . . . . - .'~.':··BLOCK~l/6~ .··. i.oTd;:f~: -
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:@- ~f..~hecked.: thi~ inform~1jCJ!1 !s· b~sed u~o.n· site ·observatl.~n -~iy.'Further fusearch maY,"indicate that legal'use ls dfffere~!· :If i.;? a· revisEJd fl!<!~Ca of Viplii.fi<?n !Nfll .bf). iS~u~:: ·. 1

OwNER I AGENT ' IA///H:r; ir/' . *. 5't /Vl/.L · flotl f.:t"ll1,l!Z:,.. :. ; :· . · · · · : PHONE.# · ·. "' .· ·... i :. . · . .

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0 EXPIRED
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BP- Building Code HC -- Housing Code PC - Plumbing Code · EC.- Electrical Code MC- Mechanical Cooe -/ .."
. . . : : .·coRRECTIVE ACTl.()-r\i~ .;;

D STOP ALL WORK SFBC_ 104A.2.4- ... ·.. ·. . ,·.

~ OFILE BU)LDING ~ERIV!IT APP!-ICATION ~ITHl.N · · - . : DAYS (O w1:rH PLANS) ACopy qt_ This_ Notice Must Ac.eompany th~ P~rmlt.Appllcatlon. ·
E'.]OBTAI~ PERMIT. WITHIN .L::£._:_ DAYS AND COMPLETE.ALL: WORK WITHiN ~DAYS, INCLUDING FINAL INSPECTION AND SIGNOFF, ··
~ORRECJ' VIOLATION'.S WITHIN zr: ~~is: ' . . " . . 0 NO PERMIT Reg\,1RED. .· . . :. . . . '. . " . . . . . •
Ovou·~.A1Li;D re c~MPLY WITH~THE NOTIOE(S) DATED ...: . · . · · · • TH_EREFOR!= THIS ·oEPT.'HAs·1NIJlATED ABATEMENT. PRQCEEDIN~s..
0FAILURE.TO COMPLY WITH THIS NOTIC~ WILL CAUSE ABATEMENT.PROCJ:EDINGS TO BEGIN. SEE REVER~E·~HDE'FOR ADl;>ITIONAL WARNING~. .
, t:fr1·-t .. . 5'711-P'? · .L-rd ·. ( 6/i(,,.;r_c-/Jl;;,..- . ~~-,.,,.~-?..<._ ~r"Y2h u.-t/-.,..f.,-;t':s ~~ <r .-q.o· :..
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INVESTIGATION FEE OR OTHER FEE WILL APPL:V· See reverse side fqrfurther explanation . . .
·A Bx Permit Fee'(\'.'fork w/o Permit after 9/11~0)' .. -6·2,C _Permlt._Fe~ (Work Exce~clih~ Scope,Qf.'.er~it) . · :: ._ · . . ·
0 Other . · · · · . 0Remspect1on Fae$ · .· ·Q No penaltY (Work w/o permit prlor to 9/1/60)
APPROX.D~T~Q:·woRKW/OPERMIT ;."), . · .:...~v~oF\voRK.PERFORMEDWJTHOUT~ER.Ml'fS . · · · :· .
BV:· ORQER OF THE J)IREC.Jp~EPARTME"'T OF ·BUILD~NG INSPECTIC>,N .. .
CONTACT INSPECTOR
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(fnspacfor- Print Name) .· ·
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DBullding lnspectio\l Division . .
3rd Floor, 1660 M1ssl~n st. 558-6()96
. · <"'Jr;, _ d 7 .i:;1JJ ~" , / l.f. .J · · · 0Housihg Inspection Services ·
OFACE-HOURS, f" 1
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PM
6J / / . 6th FIO'or, 1!560 Mission St. 558-6220
~--- 0Etectr16al Inspection Division .
-:::[.....-;~=:..--- ~Y_.v:';
PHONE if::'J.r.J . · · · . __ 7 ·. .- . /' - 3rd Floor, 1600 Mission st. · 558-6030
By: (Inspector's sign ture) ... DISTRICT# DPtumblng lnspection-DMslon ·
~ r ,. &I ...- 7 fil 3rd Floor, 1660 Mission St. 558-6054
· cc: D DCP l2J EID D PID-'Ei BID Q1-11s. 0 CED D PRS D DAD .12!SFFD 0 PH 0 PS· Ocooo Enforcement Division
3rd Floor, 1660 Mission St. 558-6454
M900S05 (Rev.02/10)
REMODELED OF BATHROOMS AND A KITCHEN WITHOUT PLUMBING
PERMITS (COMPLAINT #201709081).1

Approvals
; : . ~. ,· ·:
Nr\-rlCE: . ciF-·v10LAT 0 N--------- - 1
------i:---~-~-~---·ri
ot\ ..San Francisco Murilcipal Codes Regard ins .safe, I
Yb~~ Substandard or Noncomplying Structure or Land or Occupancy ~
. 'is • ll] FIRST NOTICE COMPLAINT NUMBER ~
DEPARTMENT OF BUILDING INSPECTION DSECONDNOTICE M

City and County of San Francisco D OTHER:,,d ,vf-··//?c£'/:. ;::! ol 70 7'0 8 /


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1660 Mission St. • ~an.Francisc~~A 94103 ~ 2414 ,,,...,- ;


ADDRESS 2'jf#(? /;l r "1 Sf"' . DATE/0//?
1
.

OCCUPANCY /USE BLOCft;)o6 lf LOTC7 !


CQNST. IYPE . STORIES D BASEMENT Ii.
~ If checked, this informailon Is based upon site observation only. Further research may indicate that legal use Is dHferent. II so, a revised Notice of Violation will be issued.
OWNER/ AGENT t-r.11/lt,-;r,,-1
MAILING ADDRESS 7 I l
PERSON CONTACTED@ SITE_
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PHONE#

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VIOLATION DESCRIPTION: I~
l:JWQRK WITHOUT PERMIT (SFBC 103A); DA[)OITIONJ.\L V\(ORK~PERMIT REQUIRED (SFBC 1OIJJ:\~A-!l; ,_ i
DEXPIRED PERMIT (SFBC 106A.4.4); DCANCELLED PERMIT(SFBC 106A.3.7) PA# -

7
HC - Housing Code PC - Plumbing Code EC - Electrical Code MO- Mechanical Code

CORRECTIVE ACTION:
0 STOP ALL WORK SFBC 104A.2.4
0 FILE BUILDING PERMIT APPLICATION WITHIN DAYS (0 WITH PLANS) A Copy of This Notice Must Accompany the Permit Application.
E'.':fOBTAIN PERMIT WITHIN / ' S" DAYS AND ~OMPLETE ALL WORK WITHIN! j". DAYS, INCLUDING FINAL INSPECTION AND SIGNOFF.
E(cORRECT VIOLATIONS WITHIN f y' DAYS. 0 NO PERMIT REQUIRED.
Ovou FAILED TO COMPLY WITH THE NOTICE(S) DATED • THEREFORE THIS DEPT. HAS INITIATED ABATEMENT PROCEEDl.NGS.

0FAILURE TO COMPLY WIT.H THIS NOTICE WILL CAUSE ABATEMENT PROCEEDINGS TO BEGIN. SEE REVERSE SIDE FOR ADDITIONAL WARNINGS.

rl( r ·f' 5/ fiF'l! .L/'; ( t.rr ?'rP- I-" /.iJ//"- 1 J-c~ ~w tM,•n ; ,1''..J /.J. •' .c:;: I"/

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INVESTIGATION FEE OR OTHER FEE WILL APPLY See reverse side for further explanat19n
A 9x Permit Fee (Work w/o Permit after 9/1/60) .6.2.x Permit Fee (Work Exceeding Scope of Permit) _
tJ Other D Reinspection Fee $ D No penalty (Work w/o permit prior to 9/1 /60)
APPRox:-DATE OF WORK W/O PERMIT - - ~tfE OF WORK PERFORMED WITHOUT PERMITS
BY ORDER OF THE,f>~~~EPARTMENT OF BUILDING INS~EC!l~N
CONTACT INSPECTOR
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·~ Inspector_ Print Na~e
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0Bullding lnspect10!1 D1vls1on
3rd Floor, 1660 Mrsslon St.
0Housing Inspection Services
· 55~-6096
OFFICE HO_URS I · / V TO'_ ' e •• .Afv! AND -:: · t1 u
v T0'2PM d 6th Floor, 1660 Mission St.
r 558-6220
/if 'f <;'f -- &c_icJ._. ( / _ - - , / //_ . / L 0Etectrical Inspection Division
PHONE /;:: -~- .~ ·-- t~vJk,r;{:../(..,··· 3rd Fl~or;1660 ~isslo~ ~t. 558-6030
By· (Inspector's Signature) DISTRICT # ..,.".' }?,_,,., _..,.,. D Plumbing lnspeclr?n prvrslon
· ....,;r:
..-;;..- .
,~ . ·· .· I 3rd Floor, 1660 Mrss1on St. z 558-6054
CC: D DCP tJ EID D PID""EJ BID IdHIS D CED D PRS D DAD El SFFD D DPH DPS Dcode Enforcement Division
3rd Floor, 1660 Mission St. 558-6454
M 9003 05 (Rev. 02/10)
"!Pl~~n5coQfP~!f?J;~:r·ge~
Substandard or Noncomplylng Structure or Land or Occupancy
El FIRST NOTICE COMPLAINT NUMBER
DEPARTMENT OF BUILDING INSPECTION DSECOND NOTICE
City and County of San .Francisco .1 ·: '; '/ ·, /
1660 Mission St. • San Francisco, CA 941·03 - 2414 DOTHER:·- -------------
ADDRESS , /~'.c:1/. /'' DATE_/'_,. .,_~-----
• I -- •;/'

OCCUPANCY /USE BLOCK";,·.· 1 · r] LOT/'//


CONST. TYPE STORIES 0 BASEMENT
[ ] If checked, this Information is based upon site observation only. Further research may indicate that legal use is different. If so, a revised Notice of Violation will be issued.
OWNER I AGENT '· 1
·
'
·.
1
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-
I .- ·1!.;1 £. PHONE# _ _ _ _ _ _ _ _ ~

MAILING ADDRESS_·-----''------,'----------- CITY 1/ · /'rl ZIP /-c.>,//~::;-


PERSON CONTACTED@ SITE _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ PHO~E # _ _ _ _ _~~--

VIOLATION DESCRIPTION:
[]WORK WITHOUT PERMIT (SFBC 103A); DADDITIONAL WORK-PERMIT REQUIRED (SFBC 106A.4.7); .
DEXPIRED PERMIT (SFBC 106A.4.4); 0CANCELLED PERMIT (SFBC 106A.3.7) PA#

; ...,
... ' { ..
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BC - Building Code HC - Housing Code PC - Plumbing Code EC - Electrical Code MC- Mechanical Code / '

CORRECTIVE ACTION:
0 STOP ALL WORK SFBC 104A.2.4
. 0FILE BUILDING PERMIT APPLICATION WITHIN DAYS (Q WITH PLANS) .A Copy of This Notice Must Accompany the Permit Application.
E]OBTAIN PERMIT WITHIN / ) . DAYS AND COMPLETE ALL WORK WITHIN" J DAYS, INCLUDING FINAL INSPECTION AND SIGNOFF.
[]CORRECT VIOLATIONS WITHIN 1.2_ DAYS. 0 NO PERMIT REQUIRED.
Dvou FAILED TO COMPLY WITH THE NOTICE{S) DATED • THEREFORE THIS DEPT. HAS INITIATED ABATEMENT PROCEEOINGs:
0FAILURE TO COMPLY WITH THIS NOTICE WILL CAUSE ABATEMENT PROCEEDINGS TO BEGIN. SEE REVERSE SIDE FOR ADDITIONAL WARNINGS.
/ i, I t'

INVESTIGATION FEE OR OTHER FEE WILL APPLY See reverse side for further explanation
A 9x Permit Fee (Work w/o Permit after 9/1/60) 6 2x Permit Fee (Work Exceeding Scope of Permit)
tJ Other 0Reinspection Fee$ D No penalty (Work w/o permit prior to 9/1/60)
APPROX. DATE OF WORK W/0 PERMIT -'' VALUE OF WORK PERFORMED WITHOUT PERMITS _ _ _ _ __

BY ORDER OF THE t>IRl;CTPF(:ot:PARTMENT OF BUILDING INSPECTION


CONTACT INSPECTOR . · .. ·' /·;_ /<_ ./:: . 0Building lnspectiofi qivision •
.. , · · · '\Inspector-Print Name) 3rd Floor, 1660 M1ss1on St. 558 6096
' .:: · ·/ D Housing Inspection ~ervices
OFFICE HOURS . TO . AM AND :. Td/ . PM 6th Floor, 1660 Mission St. 558-6220
" ; . ., " D Electrical Inspection Division
PHONE 1//.· ! ' · · .,,.,,. 3rd Floor, 1660 Mission St. 558-6030
By: (Inspector's Signature) <>:3"'·/ -· DISTRICT# ;' 0~:~~?~~~. l1n~cr~~i~~v~t~n _
558 6054
cc:Docp OEID DPID Ds10 DHIS DcED DPRS DDAD 0SFFD0DPH DPS 0CodeEnforcementDivision
3rd Floor, 1660 Mission St. 558-6454
M 9003 05 (Rev. 02/10)
(

City and County of San Francisco Edwin M. Lee, Mayor


Department of Building lospectlon Tom C. Hui, S,E., C,B.O., Director

10/4/2017
1ST REQUEST FOR ACCESS
WilHam C & Silvia Rodriguez
712 Midway AVE.
.Daly city CA, 94015

RE: 2966 24th St.


Comp]aint # 201709081

Dear Sh'/Madam:

You are hereby directed to abate a nuisance upon premises owned, occupied or controlled by you at
2966 24th St. and caused by defective, unsanitary or improperly installed plumbing in violation of the
Plumbing Code (Part II, Chapter VII, of the San Francisco Municipal Code as follows:

Illegal change of use, construction of a batluoom without a permit.

Provide access to the above property/location for inspection.

Section 102.2,2 of the San Fran~isco Plumbing Code p1·ovides the Plumbing Inspection Division with a
Right of Entry to investigate complaints of this type.

To schedule an inspection, please contact this office and reference yom; complaint numbe1-.

Failure to comply with this notice within ten (10) days or it will result in Abatement Action being
taken pursuant to Section 104 of the San Francis':° Plumbing Code.

' Plumbing inspector's office houl's are from 7:30 to 8:30 AM and 3:00 to 4:00 PM. The telephone
number is (415) 558-6047. 0 ~~ OU may 1-each through email: David.Ledda@sfgov.org or Senior
Plumbing ~ector Rober.t 1stman at Bob,Christrrum@sfgov.org.
"

aa
Plumbing Inspector
DUjh

Plumbing Inspection Division


1660 Mission Street- San Francisco CA 94103
Office (415) 558~6570 - FAX (415) 558-6178 -www.sfdbl.org
~AN •llANCl!-tO

Blllll>IN1; IN~rECTION

CITY AND COUNTY OF SAN FRANCISCO


DEPARTMENT OF BUILDING INSPECTION

II COMPLAINT RECORD II
Date Flled_ _ _ _ _ _ _ _Time_ _ _ _ _ _ _Complaint N u m b e r - - - - - . - - - - - - - -

Received by _ _ _ _ _ _ _ _ _ _ _ _Statlon_ _ _ _ _ _ Dist. No._ _ _ _ _ _ _ _ _ _ __

Inspector_ _ _ _ _ _ _ _ _ _ _ _ ____:._ _ _ _ __

D 1. Letter 0 4. Field Mayor's Letter#_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

D 2. Phone D 5. Referral Board of Supervisor's Letter


--------------
0 3. D 6.
Counter Other_ _ __ Director's Letter#
------------------
Building Inspection Commission Letter_ _ _ _ _ _ _ _ _ __

Complaintlocatlon:._2~q__;_{p_f;_ _Z_Y-.;___-th_-.::.S. . .-h~n_:..etV;:_t_:____ _ _ _ _ _ _ _ _ __


Blk/Lot'---_ _ _ _ _ _ _ _ _ _ _CT_ _ _ _ _ _ _ _Use/Occupancy_ _ _ _ _ _ _ _ __
Owner_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Phone_ _ _ _ _ _ _ _ _ _ _ _ __

Malling Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

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Complaint Description:.......l..\-=-l

of- th- \oafk rs> c)::v\ w(o ~Tl:

Complainant._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Phone_ _ _ _ _ _ _ _ _ _ _- _ __
Address:.,___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Untt...__ _ _ _ _ _ _ _ _ _ _ _ __

Date ~ Statement of Facts (For Official Use)

DateReferred_ _ _ _ _ _ _ _ _ _ _ _ _ _ _To_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

9003H-10 (Rev. 10/97)


i:\bid\form\compltre.wpd
BUILDING INSPECTION DIVISION
Address t29t/~ t2e;~-::r
Complaint No. t;:Z Ol 1& '/O S" I

lnsp. L~2>l>A- 11/20// 7


Date

Whats Status? Rr/!r ra C1.o s


Post Date /tJ/d~// !f- Days

Permit Issued.Post Date_ _ _ _ _--'Days

[ ] Send to Diractor for Hearing of Complaint

[ ] Refer Complaint to City Attorney

[ ] Prograss Report to City Attorney

R~ /?! t1~ LAID /baL'r:s

[ ] Change of Ownership:

(Name of New Owner/s)

Mailing Addre5s of New Owner/s:

[ ] Close File - Complaint Abated


{ } Building Restored
{ } Building Demolished

[ ] Lift Order of Abatement and Close File


{ } Building Restorad
{ } Building Demolished
ATTORHEYOR PARTY WITHOUT ATIORNEY {Nlllflfl, Side BarlUllber, lltdadcha):
Francisco Gutierrez SBN: 238483
The Law Office ofFrancisc:o Gutierrez
220 Montgomery Street. Spite 1920
SAN FRANCISCO, CA 94104
TELEPHONE NO~ ( 415) 805-6508 FAX NO. {OPianlJI):
E-MMLADDIU!SS (OpllotW); ftancisco@gtzlcgalcom
ATTORN&Y FOR (!Vam9J:Plaintiff Silvia • cz
SUPERIOR COURT OF CALFORNIA, COUNTY OF SAN
STREET ADDRESS: 400 McAllister Street
MAILING ADDRliSS: 400 McAllister Street
crrv AND ZIP cooe: San Francisco, 94102
BRANCH NAME: Civic Center Courthouse

PLAINTIFF: Silvia Rodriguez


DEFENDANT: Francisco Leon Barranco

[X] DOES 1 TO JO
COMPLAINT- UNLAWFUL DETAINER*
DD COMPLAINT c:J AMENDED COMPLAINT (Amendment Number)
Jurisdiction {check that apply): an
Ci] ACTION IS A LIMITED CIVIL CASE · ~ - -
Amount dem.nded [][) does not exceed $10,000
D exceeds $10,000 but does not exceed $25,000
CJ ACTION IS AN UNLIMITED CML CASE (amount demanded exceeds $25,000)
CJ ACTION IS RECLASSIAED by this amended complaint or croas-complalnl (check 1111 that apply):
c:J from unlawful detainer to general unllmlted clvll (posseaalon not In Issue) D from Hmlted to unlimited
c:J from unlawful detainer to general llmlted clvD (poS9enlon not In fuue) D
from unlimited to llmlted

1. PLAINTIFF (name each): Silvia Rodriguez

alleges causes of aotlon against Dl;:FENDANT {name each): Francisco Leon Barranco

2. a. Plaintiff Is (1) DD an Individual overthe age of 18 years. (-4) CJ a partnership.


(2) D a publlc agency. (5) CJ a corporation.
(3) CJ other (specify):
b. CJ Plaintiff has compned with the fictitious business name laws and ls doing business under the fictitious name of (specify):

3. Defendant named above Is In possession of the premises located at (street address, apt. no., city, zip code, and county):
2966 - B 24th Street. San Francisco, CA 94110, County of San Francisco

4. Plaintiff's Interest In the premises Is [][) as owner CJ other {specify):


5. The true names and capacities of defendants sued as Does are unknown to plalntiff.
6. a. On or about (date): July 1, 2012 defendant (name each): Francisco Leon Barranco

c1> agreed to rent the premises as a D mon~h·to-month tenancy rn_


other tenancy fspeclfyJ: 5 year plus one clay term
(2) agreed to pay rent of $3800.00 . payable DD monthly D other (specify frequency): ·
(3) agreed to pay rent on the rn
first of the month D other day (specify):
b. This DD written CJ oral agreement was made with
( 1} [][) plalntlft. (3) CJ plalntlffs predecessor In Interest.
(2) CJ plainUfrs agent. (4) CJ other (specify):
.. NOTE: Do not use this form for evictions after sale (Code Clv. Proc., § 1161 a). Page 1 ol3
Fo:rn Al!PrO\"llll Im Optional Use CrtJ Cod;t, § I 9JO el eq.
Ju::loilll Couoo• :it Ga•lo-nla .. COMf>LAlNJ~UNLAWFUL DETAINER c~. <>'Crlil.Prr.•:!ur" f~ ..125.12.1 res .. ·--- -
Ci1J-IOJ 1R•~· J::iy t. 2.:PS; .!.~.!·.t'.~~u~::f::.::a.;~·
't'.'tl~tlN OQ:Jr ;:~ ~
CASE NUMBER:
PLAINTIFF (Nsme):Silvia Rodriguez
-
DEFENDANT(NameJ: Francisco Leon Barranco

6. c. O[I The defendants not named In Item 6a are


(1} CJ
subtenants.
(2} CJ
assignees.
(3} Wother (specify): Unknown occupants
d. rn The agreement was later changed as follows (specify): The rent payment date was changed from the 1st of the
month to the 10th of the month by mutual consent ofthe parties.

e. O[] A copy of the written agreement. Including any addenda or attachments that form the basis of this complaint, ls attached
and labeled Exhibit 1. (Required for residential propeflY., unless Item 6f is checked. See Code Clv. Proc., § 1166.)
f. CJ (For residential property) A copy or the written agreement ls not attached because (specify reason):
(1) CJ the written agreement is not In the possession of the landlord or the landlord's employees or agents.
(2) CJ this action ls solely for nonpayment of rent (Code Clv. Proc., § 1161 (2)).
7. D a. Defendant (name each):

was served the following notice on the same date and In the same manner:
(1) CJ 3-day notice to pay rent or quit (4) CJ 3-day notice to perform covenants or quit
(2) CJ 30-day notice to quit (5) CJ 3-day notice to quit
(3) CJ 60-day notice to quit (6) CJ Other (specify):
b. (1) On (date): the period stated In the notice expired at the end of the day.
(2) Oefendanls failed to comply with the requirements of the notice by that date.
c. All facts stated In the notice are true.
d. D The notice Included an election of forfeiture.
e. D A copy of the notice Is attached and labeled Exhibit 2. (Required for resident/al property. See Code Civ. Proc.,
§ 1166.)
f. CJ One or more defendants were served (1 ) with a different notice, (2) on a different date, or (3) in a different
manner, as stated In Attachment 8c. (Check Item Be and attach a statement providing the informatfon required
by Items 7a-e and 8 for each defendant)
8. a CJ The notice In item 7a was served on the defendant named In Item 7a as follows:
(1) D by personally handing a copy to defendant on (date):
(2) D by leaving a copy with (name or description):
a person of suitable age and discretion, on (date): at defendant's
CJ residence D business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
place of business.
(3) CJ by posting a copy on the premises on (date): D AND giving a copy to a
person found residing at the premises AND malling a copy to defendant at the premises on
(date):
(a) D because defendant's residence and usual place of business cannot be ascertained OR
(b) D because no person of suitable age or discretion can be found there.
(4) c:J (Not for 3-day notice; see CM/ Code, § 1946 before using) by sending a copy by certified or registered
mail addressed to defendant on (date):
(5) D (Not for residential tenancies; see CMI Code, § 1953 before using) In the manner specified in a written
commercial lease between the parties.
b. CJ (Name):
was served on behalf of all defendants who signed a joint written rental agreement
c. CJ Information about service or notice on the defendants alleged in item 7f IS stated Jn Attachment Sc.
d. CJ Proof of service of the notice in item 7a ls attached and labeled Exhibit 3.

UD·IOO {Rev.July I. 20051 Pagc2 013


COMPLAINT-UNLAWFUL DETAINER
_PLAINTIFF (Name): Silvi11 llndrigucz CASE NUMBER.

DEFENDANT(NameJ: J:nmcisco L.-:un B:UTJllC\l

9. [][) Plaintiff demands possession lrom each defendant because of expiration of a lixed·term lease.
10. CJ At the lime the 3-day notice to pay rent or quit was served, the amount of rent due was $
11. m The fair rental value of the premises ls S 126.67 per day.
12. CJ Defendant's continued possession Is malicious, and plaintiff is entitled lo statutory damages under Code ol Civil
Procedure section t 174(b). (Slate speciPc facts supporting a clafm up to $600 in Attachment 12.)
13. m A written agreement between the parties provides for attorney fees.
14. D Defendant's tenancy is subject to U1e local rent control or eviction control ordinance of (city or county, title of ordinance.
and dale of passage):

Plaintiff has met all applicable requirements of the ordinances.


15. CJ Other allegations are stated In Attachment 15.
16. Plaintiff aa:epts the )urisdlclional limit, if any. of the court.
17. PLAINTIFF REQUESTS
a. possession of the premises. f. rn damages at the rate slated in item 11 from
b. costs Incurred In this proceeding: (date): July 2. 2017 for each day lhal
c. CJ past-due rent of$ delendanls remain In possession through entry ol judgment.
d. [][) reasonable attorney fees. g.0 statutory damages up to $600 for the conduct alleged in item 12.
e. D forfeiture ot the agreemenL h.D other (spedfy):

18. ~ Number of pages attached {specify): __!__


UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code,§§ 6400-6415)

19. (Complete in all cases.) An unlawful detainer assistant [][] cftd not D did for compensation give advice or assistance
with this lorm. (If plalntifl /1as received any help or advice for pay from an unlawful detainer assistant, state.1

a. Assistant's name: c. Telephone No.:


b. Street address, city. and zip code: d. County of registration:
e. Registration No.:
f. Expires on (date):

Date: July 10. 2017

Fmnci:;co (iulil'CJ'~I'.
!iYl'E OR PRINT tlAMEJ ISIGNllTURE OF PL'llNTIFF OR ATTORllEVJ

VERIFICATION
(Use a different L'erificalion form ii the verification Is by an attorney ar tor a corporation or partnership.)
I am the plaintllf in this proceeding and have read this complaint. I declare under penalty of perjury under the laws of lhe State of
California that the foregoing is true and correct.

Date: July to. 2017

Silvia R11driuuc.1.
------~~-=-~=---==~----··---
irtFE •JR PR!rJi ,..~ME~

P~w. l nl l
COMPLAINT-UNLAWFUL DETAINER
EXHIBIT 1
COPY OF COMMERCIAL LEASE
Commerdal Lease
This Lease is made on July 1. 2012 , between Silvia Rodrf.gaez

Landlord, of 2966-B 24th Street ,City of

San l'l:aDciaco , State of_Ca;;;.;;;....l='f.-fo_rnia==----------- , and


_:rr_anc_l_s_co_Leo
__ a_Ba_ar
__ _ _ _ _ _ , Tenant, of 2966-B 24th Street
ranco

City of !hm lraacisco , State of Galtfornf.a

I. The Landlord ~to rent to the Tenant and the Tenant agrees to rent from the Landlord the following
property:
2966-B 24th Street
San Prancisco CA 94110

2. The rental payments will be $ 3 1800 .oo per month and will be payable by the Tenant to the Land-
lord :&the Isl: day of each month, beginning on .July 1, 2012 • If any rental pay-
m~ is not paid within i:GO days ofits due date. the Tenant agrees to pay an additional late charge of 5% (five
percent) of the rental payment due.

3. Thetennofthis Lease will beftom _ __..J=Ul==--y__.l...,,..._....20...,12=----- , until July 1. 2017 .IfTenant


is in full compliance with all of the terms of this Lease at the expiration of this term, Tenant shall have the option
to renew this Lease for an additional term of S years , with all terms and conditions of
this Lease remaining the same, except that the rent shall be $l!!!f!!Hat!r'I at d!at tlm . Ifthe Tenant remains
as tenant after the expimtion of this Lease with the consent of the Landlord but without signing a new tease, a
month-to-month tenancy will be created with the same terms and conditions as this Lease, except that such new
tenancy may be temrlnated by ninety (90) days written notice ftom either the Tenant or the Landlord, and that the
rent shall be$ _ __..Ro:./;;;:A'--------

o....oo~-------. This security deposit


4. The Tenant bas paid the Landlord a security deposit of$ .....
will be held as security for the repair of any damages to the property by the Tenant This deposit wilt be retumed
to the Tenant within ten (10) days of the termination of this Lease, minus any amounts needed to repair the prop-
erty, but without interest.

S. The Tenant has paid the Landlord an additional month•s rent in.the amount of$ _R....,t....A_.- - - - - -
This rent deposit will be held as security for the payment ofrent by the Tenant This rent payment deposit will be
returned to the Tenant within ten (10) days of the tennination of this Lease, minus any rent still due upon termina-
tion, but without interest

*NOVA Commerclci L:irue ?g. 1 (01-09)


...
6. The Tenant agrees to use the property only for the purpose of carrying on the fo11owing lawful l>1Jsineg:
UTAlL/VllOLB SALL

:
7. The Landlord agrees that the Tenant may install the following equipment and fixtures for the pwpose of operat-
ing the Tenant's business and that such equipment and :fixtures shall remain the property of the Tenant:
'1'0 BB DOO'lIA'J.'IID.

8. The Tenant bu inspected the property and has found it satisfactory for its inteoded purposes. The Landlord
sbtill be responst"ble for tho repair and upkeep ofthe exterior ofthe property, including the roo( exterior walls,
parking areas, landscaping, and building foundation. The Teoant shall be respmisiblo for the repair and upkeep of
the interior of the property, including all electrical, mechan~ plumbing. heating, cooling, or any other systmii
or equipmmit on the property. Tenant agrees to maintain the interior ofthe property and the surrounding ~de
area in a clean, safe, and sanitm:y manner and not to mako any alterations to the property without the Landlord's
written consent. At the termination of this Lease, the Tenant agiees to leave the ptoporty in the same condition as
when it was received, except for normal wear and tear. Umant also agrees to comply with an rules, laws, rcgula·
tions, and ordhu•nces affiw:ting the property or the business activities of the Thnant.

9. The Tenant agiees to obtain and pay for all necessary utilities for the property.

10. The Tenant agrees not to su1J.1et tho property or assip this Lease without the Uuldlord's written CODSCDt,
which shall not be unreasonably withheld. Thnant agrees to allow the Landlord reaaonable access to the p-operty
for inspection and repair. Ia'1'flord a8nies to enter the property only after notifying the Tenant in adwDco, except
in an emergency.

11. If the Tenant &.ils to pay the Rill on time or violates any other temis of this Lease, the Landlord will provide
written notice of the violation or de&ult, allowing 30 days to conect the violation or default. Ifthe viola-
tion or defiudt is not completely comcted within tho time~ the Landlord will have the right to tmninatc
this Lease with 30 days notice and in accordance with state law. Upon termination of this Leaso, the Tenant
agrees to surrender possession of the property. The Landloni will alto have the right to re..enter tho property and
take possession of it. remove Tenant and any equipment or possessions ofTenant, and to take advantage of any
other legal remedies available.

12. The Landlord agrees to cmy fire and casualty insurance on the property, but shall have no liability fur the
operation of the Teoant9s business. The Thnant agrees not to do anytbjng that will increase the Landlord's insur-
ance premiums and, ibrther agrees to indemnity and hold the Landlord hannless ftom any liabilif¥ or damage,
whether caused by Tenant's operations or otherwise. The 'lCnant agrees to cmy and pay all premiums forcasu.
a1ty insurance on any equipment or fixtures that Tenant installi at the property. In addition, the Tenant agrees to
carry business liabilil:Y insurance, including bodily inJmy and property damage coverage, covering all Tenant's
business operations in tho amount of$ m JIE 'PJl'm!IP with the Landlord named as a co.insuml party.
Tenant agrees to fumiah Landlord copies of the insurance policies and to not cancel the policies without notifying
the Landlord in advance. Tenant agrees to provide Landlord with a Certificate of Insurance which indicates that
Landlord is a co-insured party and that Landlord shall be provided with a minimum of ten (10) days written notice
prior to cancellation or change of coverage.
13. This Lease is subject to any mortgage or deed of trust currently on the property or which may be made against
the property at any time in the future. The Tenant agrees to sign any documents necessary to subordinate this
Lease to a mortgage or deed of trost for the Landlord.

14. This Lease may only be terminated by 30 days written notice from either party, except in the event
qf a violation of any terms or default of any payments or responsibilities due under this Lease, which are governed
by the terms in Paragraph 11 of this Lease.

15. Tenant agrees that if any legal action is necessary to recover the property, collect any amounts due under this
Lease, or correct a violation of any term of this Lease, Tenant shall be responsible for all costs incurred by Land-
lord in connection with such action, including any reasonable attorney's fees.

16. As required by law. the Landlord makes the following statement "Radon gas is a naturally-occurring radioac-
tive gas that. when accumulated in sufficient quantities in a building, may present health risks to persons exposed
to it. Levels of radon gas that exceed federal and state guidelines have been found in buildings in this state. Ad-
ditional information regarding radon gas and radon gas testing may be obtained from your county health depart-
ment".

are additional terms of this Lease:


17. The following
Tenant is responsible for a11 unit1ities for the address above.
Tenant is resonsible for all up grades and to make sure they will be up to
code with City and State Building Laws.

18. The parties agree that this Lease, including the following attachments:

is the entire agreement between them and that no terms of this Lease may be changed except by written agreement
of both parties. This Lease is intended to comply with any and all applicable laws relating to landlord and tenant
relationships in this state. This Lease binds and benefits both the Landlord and Tenant and any heirs, successors,
representatives, or assigns. This Lease is governed by the laws of the State of___,Ca~11=·f.._o.,.rni==a_ _ _ _ _ __

Signature of Landlord

~~
Si1via R~r~
Name of Landlord
Francisco Leon Barranco
Name ofTenant 60 Belvedere Street
San Rafael CA 94901
(415) 206-1236

*NOVA Commerc10J Leese ?q.2 {01-1'.i:;!)


. -- LANDLORD'S NOTICE OF NON-RENEWAL OF LEASE
M. C. HALL & ASSOCIATES, P.C.
Michael C. Hall Attorneys and Counselors at Law
Francisco A. Gutierrez 605 Market Street Suite 900
Andres M. Sanchez San Francisco CA 94105
Monica P. Deka Tel: (415) 512-9865
Fax: (415) 495-7204
mha1Uaw.com

January 26, 2017

Via Messenger, U.S. First Class MaiL


and Certified Mail, Return Receipt Requested

Francisco Leon Barranco


2966-B 24th Street
San Francisco CA 94110

Re: Notice ofN011-Re11ewa/ o(Lease


2966-B 24m Street, San Francisco, CA 941 JO

Dear Mr. Barranco:

This office serves as legal counsel for Silvia Rodriguez, the lessor (''Lessor") of
the commercial premises located at 2966-B 241h Street, San Francisco ("the Premises")
undei· that certain "Commercial Lease " dated July 1, 2012 ("the Lease").

This letter shall serve as notice to you that the Lease for the Premises will expire
at the end of the term at midnight on July I, 2017 and will not be renewed fur any
additional tenn due to your default of the terms of the Lease as set forth in the Notice of
Default. dated January 26, 2017, served concurrently with this Notice ofNon-Renewal of
Lease.

As such, you are required to surrender the Premises to Lessor or her agent upon
the e.'l:piration of the lease term. If you do not vacate the Premises on or before the
expiration of the Lease, Lessor may immediately commence legal proceedings against
you and any other persons claiming a 1ight of possession of the Premises, to obtain
judgment for restitution and possession of the Premises, unlawful detainer damage!i, and
costs of suit, which may incJude attorney's fees. Pursuant to paragraph 8 of the Lease,
you are required to surrender possession of the Premises in the same condition as when it
was received, except for nonnal wear and tear.

Sincel'ely,
Mr. Francisco Leon Barranco
Re: 2966~B 24th Street, Sa11 Fra11cisco CA 94 I I 0
Page2

FG:mpd

Copy Via First Class Mail, and Certified Mail, Return Receipt Requested

Francisco Leon Barranco


60 Belvedere Street
San Rafael, CA 94901
Additional copy to client
CM-010
ATTORIEY OR PARTY Wl1lfOUT A'TTORNEY (Nlwe. SlMa Barl!Ullllw, and addnmJ: FOR COUtfT IJSE CINI. Y
Francisco A Gutierrez (SBN 238483)
The Law Office of Francisco Gutierrez
220 Montgomery Street, Suite 1920
San Francisco, CA 94104
TELEPHONEHO.: (415) 805-6508 FAXNO;
ATTORHEV FOR tNameJ: SIMa Rodrl uez
SUPERIOR COURT OF CAUFORNJA, COUHlY OF San Francisco
smeET ADORE&S: 400 McA16ster Street
MAUIGADDRESS: 400 McAllister Street
crTYAHOZIPcooe: San Francisco, CA 94102
BRANCH NAME!: CMc Center Courthouse
CASE NAME: Silvla Rodriguez v. Francisco Leon Barranco

CML CASE COVER SHEET Complex Case Designation


0 UnUmited 181 Limited O Counter 0 Jolnder
(Amount {Amount
demanded FHed with first appearance by defendant
demanded is
exceeds $25 000 $25 000 or less Cal. Rules of Court, rule 3.4
Items 1-6 below must be see tnslroclions on
1. Check one box below for the case type that best deacribes this case:
Auto Tort Contract Provisionally Complex ClvO utlgatlon
0 Auto (22) 0
Breach of contract/warranty (06) ~L Rules of Court, rules 3.40~403)
0 Uninsured motorist ("6) 0
Rule 3.740 collectfons (09) 0 AntilNIVTl'llde regulation (03)
other Pl/PDNID (Personal lnjurylPraperty D
other collections (09) D eonslructlon defect c10>
Dllmaga/Wrongful Death) Tort 0
Insurance cown1ge (18) D Mass tort (40)
0 Asbestos (04) 0
Other contract (37) 0 Securilles lliglllion (28)
D Product Habillty (24) Real Property D Envlronmentavroxlc ton (30)
0 Medical malpractlce (45) 0
Eminent damalnllnverse D Insurance coverage claims arising from the
0 other PllPDllNO (23) condemnation (14) above lated provfalonaHy complex case
Non-Pl/PDIWD (Other} Tort D
Wrongful evlcllOn (33) types (41)
0 Bu&inass IOlt/unfalr business praclfce (07) 0
Other rul property (26) Enforcement of Judgment
D Enforcement orJudgment (20)
0 Civil righls (08) Unlawful Detainer
~ Commercial (31) Mlscellaneous Civil Complalnt
8
O
Defamation (13)
Fraud (16)
1n1e11ectua1 property (19>
D
ResldenUal (32)
0rug1 (38> D
D
0
RIC0(27}
other complaint (nol specl/lfJd above} (42)
D Professional negllgence (25) Judicial Review Miscellaneous CIYU PeUtlon
0 Other non-Pl/PDNVD tort (35) 0
Asset forfeiture (05) D Partnership and corporale gowrnance (21)
Employment D
Petition re: arbitration award (11) D Other pelllon (not specll1ed above} (43)
D Wrongful termination (36) 0
Wtl of mandate (02)
Other 1 D
Other Judicial review (39)
2. This case 0 Is 181 ls not complex under rule 3.400 of the California Rules or Court. If the case is complex, mark the
factors reqlirlng exceptional judicial manageinent:
a. 0 Large number of separately represented parties d. D Large number of wilnesses
b. 0 Extensive motion practice raising difficult or novel e. 0 Coordination with related actions pending In one or more courts
1ssues that ~I be time-consuming to resolve in other counties, states, or countries, or in a federal court
o. 0 Substentlal amount of documentaiy evidence f. D Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a.181 monetaiy b. 181 normonetary; declaratoiy or Injunctive relief c. 0 punitive
4. Number of causes of action (specJfy): One (Unlawful Detainer)
5. This case 0 Is 181 Is not a class action suit.
6. lflhere ?.re apy known related cases, file and serve a notice of related case. (You may use fonn CM-015.)
Date: I f IO { Zo It .----.---- .&.-( c}---
Franclsco A Gutierrez II>- ~/ •
f1'IPE OR PRIN'l' .. a...... _ _ _........,ISIGNA=~-TUR~e::"".OF=-::-PAR=TY""OR::=-'."11,.....:rTORllE'l==:-F=on'='"pAR"°'lm,,,..,,....----

NOTICE
• Plaintiff must Ille this cover sheet with the first paper filed In the action or proceeding (except small claims cases or cases filed
under the Probate Code. Fanuly Code, or Welfare and Institutions Code). (Cal. Rules of Court. rule 3.220.) Failure to file may resull
In sanollons. .
• File this cover sheet In addftlon to any cover sheet required by local court rule.
• If lhis case is complex under rule 3.400 el seq. or the California Rules of Court, you must serve a copy or this cover sheet on all
other parties to the edlon or proceeding.
• Unless this Is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statiStical purposes only.
• Pnntt10f2

Foim J\doplcd la Mandauir) Uso Cal Rult.-s of CourL rules:? 30. 3 :?20. 3 ~00-3 ~03. 3 ;·.IQ.
J""'='ul Council of Califor""' CIVIL CASE GOVER SHEET r..a1 Star.dattt5 cf Jud'll:fal Ad:n1n1!.ltr.a:tc:t1 std 3 10
CM-010 (Rt!\' July I. ::?007J ,..,,.,,. coudVJlb r:.1 l}O•
CP10.5
NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM
IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT.
1. If you live here and you do not complete and submit this form, you may be evicted without further hearing by the court along with
the persons named in the Summons and Complaint.
2. You must file this form within 10 days of the date of service listed in the box on the right hand side of this form.
• Exception: If you are a tenant being evicted after your landlord lost the property to foreclosure, the 10-day deadHne does not
apply to you and you may file this form at any time before judgment is entered.
3. If you file this form, your claim will be determined In the eviction action against the persons named In the complaint.
4. If you do not file this form, you may be evicted without further hearing.
5. If you are a tenant being evicted due to foreclosure, you have additional rights and should seek legal advice Immediately.
CLAIMANT OR CLAIMANrSATTORtEY (l'llltnw•nd Addten): TELEPHONE NO~ FOR COURT USE ONLY
SBN:
fax:

ATTORNEY FOR (Name):

NAME OF COURT:SAN FRANCISCO


STREET ADORESS:400McAllister Street
MAIUNG ADDRESS:400 McAllister Street
c1rv ANDZIPcoceSan Francisco, 94102
BRANCH NAME:Civic Center Courthouse

Plalntiff:Silvia Rodriguez
DefendantFrancisco Leon Barranco

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION

Complete this form only If ALL of these statements are true:


~···· -· 1 7 - 6 5 9 21 4
1. You are NOT named In the accompanying Summons and Complaint. (To be completed by the process server)
2. You occupied the subject premises on or before the date the unlawful DATE OF SERVICE:
detainer (eviction) complaint was filed. (The date Is In the accompanying (Date that form is served or delivered,
Summons and Complaint.) posted, and mailed by the officer or
3. You stlll occupy the subject premises. process server)

I DECLARE THE FOUOWING UNDER PENAL1Y OF PERJURY:


1. My name Is (specify):
2 I reside at (street address, unit no., city and ZIP code):

3. The address of "the premises" subject to this claim is (address): 2966 - B 24th Street, San Francisco, CA 941 l 0, County of San
Francisco

4. On (insert date): , the landlord or the landlord's authorized agent filed a complaintto recover
possession of the premises. (This date Is In the accompanying Summons and Complaint.)
5. I occupied the premises on the date the complaint was filed (the date in item 4). I have continued to occupy the premises ever
since.
6. I was at least 18 years of age on the date the complaint was filed (the date in item 4).
7. I claim a right to possession of the premises .because I occuplea the premises on the date the complaint was filed (the date in item
4). .
8. I was not named in the Summons and Complaint
9. I understand that if I make this claim of possession, I will be added as a defendant to the unlawful detainer (eviction) action.
1O. (Fifing fee) I understand that I must go to the court and pay a filing fee of $ or file with the court an
"Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file the form for waiver of court
fees, I will not be entitled to make a claim of right to possession.
(Continued on reverse}
CP1!;.5 [~'°"·~UM 15. 2015} PREJUDGMENT CLAIM OF RIGHT Cod! of Civil ?roc'ldur". §§ 415.46.
;~:tJ1~ ;13 oin. 111112s
r TO POSSESSION
CP10.6
CASE NUMBER:
Plaintiff:Silvia Rodriguez
Defendant:Francisco Leon Barranco

11. If my landlord lost this property to foreclosure, I understand that I can file this form at any time before judgment is entered, and
that I have additional rights and should seek legal advice.
12. I understand that I will have nve days (excluding court holidays) to file a response to the Summons and Complaint after I file this
Prejudgment Claim of Right to Possession form.

NOTICE: If you fail to file this claim, you may be evicted without further hearing.

13. Rental agreement. I have (check all that apply to you):


a. D an oral or written rental agreement with the landlord.
b. D an oral or written rental agreement with a person other than the landlord.
c. D an oral or written rental agreement with the former owner who lost the property to foreclosure.
d. D other (explain):

I declare under penalty of perjury under the laws,of the State of California that the foregoing is true and correct.

WARNING: Perjury is a felony punishable by imprisonment In the state prison.

Date:

(IYPEOR PRINT NAME) (SIGNATuREOF CLAIMANT)

NOTICE: If you file this claim to possession, the unlawful detainer action against you will be
determfned at trial. N. trial, you may be found liable for rent costs, and, in some cases, treble
damages.

- NOTICE TO OCCUPANTS -
YOU MUST ACT AT ONCE if all the following are true:
1. You are NOT named in the accompanying Summons and Complaint.
2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was flied.
3. You still occupy the premises.

You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service (on the form) at the court
where the unlawful detainer (eviction) complaint was filed. If you are a tenant and your landlord lost the property you occupy
through foreclosure, this 10-day deadline does not apply to you. You may file this form at any time before judgment is
entered. You should seek legal advice immediately.
If you do not complete and submit this form (and pay a fifing fee or file a fee waiver form if you cannot pay the fee), YOU
WILL BE EVICTED. ,
After this form is properly filed, you will be added as a defendant in the unlawful detainer (eViction) action and your right to
occupy the premises will be decided by the court. If you do not file this claim, you may be evicted without a hearing.

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Page two


( NOTICE OF VIOLA l:ON
of the San Francisco Municipal Codes Regarding Unsafe,
Substandard or Noncomplying Structure or Land or Occupancy

DEPARTMENT OF BUILDING INSPECTION NOTICE: I NUMBER: 2017063 81


City and County of San Francisco DATE: 29-SEP-17
1660 Mission St. San Francisco, CA 94103
ADDRESS: 2966 24TH ST
OCCUPANCY/USE: () BLOCK: 4206 LOT: 017
If checked, this information is based upons site-observation only. Further research may indicate that legal use Is different. If so, a revised Notice of Violation
D will be issued.
OWNER/AGENT: WILLLIAM C & SILVIA F RODRIGUE PHONE#: --
MAILING WILLLIAM C & SILVIA F RODRI
ADDRESS SILVIA F RODRIGUEZ, TRUSTEE
712MIDWAY AVE
DALY CITY CA 94015
PERSON CONTACTED @SITE: WILLLIAM C & SILVIA F RODRIGUE PHONE#: --
VJ0LATI0N DESCRIPTION: CODE/SECTION#
flJ WORK WITHOUT PERMIT 106.1.1
0 ADDITIONAL WORK-PERMIT REQUIRED 106.4.7
0 EXPIRED ORO CANCELLED PERMIT PA#:
lZJ UNSAFE BUILDING 0 SEE ATTACHMENTS
A site inspection performed at above location has revealed illegal change of use and occupancy as habitable space without proper
ventilation, heat, life safety and egress requirements. Approx 27 rooms constructed for sleeping purposes on 2 floors (2nd floor
mezzanine constructed and walkway areas. AU work consists of wood framing material). One kitchen area, two bathrooms, half
bathroom and a new office space aqjacent to front roll-up door. An rooms approx 40 sq ft+/-. Permit history shows this to be use as
B/S-3 (office & auto tune-up shop.) Distance from furthest sleeping area to exit is approx 200 ft+/-.
2) Monthly monitoring fee
Code/Section: 103A; 102A; 102A.3, Table IA~K

CORRECTIVE ACTION:
IZISTOP ALL WORK SFBC 104.2.4 415-575-6831
[ZI FILE BUILDING PERMIT WITHIN 3 DAYS fZl (WITH PLANS) A copy of This Notice Must Accompany the Permit Application
IZJ OBTAIN PERMIT WITHIN 3 DAYS AND COMPLETE ALL WORK WITHIN 3 DAYS, INCLUDING FINAL INSPECTION AND
SIGN OFF.
0CORRECTVIOLATIONSWITHIN DAYS. 0NOPERMITREQUIRED
D YOU FAILED TO COMPLY WITH THE NOTICE(S) DATED , THEREFORE THIS DEPT. HAS INITIATED ABATEMENT PROCEEDINGS.
• FAILURE TO COMPLY WITH THIS NOTICE WILL CAUSE ABATEMENT PROCEEDINGS TO BEGIN.
SEE ATTACHMENT FOR ADDITIONAL WARNINGS.
STOP ALL WORK. Obtain a building pennit to remove all unwarranted work to convert building to habitable space with plans within
72 hours. Obtain electrical & plumbing survey to verify all electrical & plumbing work. Or obtain a building permit with City Planning
approval to legalize the use of building as residential use.
INVESTIGATION FEE OR OTHER FEE WILL APPLY
0 9x FEE (WORK W/O PERMIT AFTER 9/1160) 0 2x FEE (WORK EXCEEDING SCOPE OF PERMIT)
NO PENALTY D
D OTHER: D REINSPECTION FEE$ (WORK W/O PERMIT PRIOR TO 9/1/60)
APPROX. DATE OF WORK W/O PERMIT VALUE OF WORK PERFORMED W/O PERMITS $80000
BY ORDER OF THE DIRECTOR, DEPARTMENT OF BUILDING INSPECTION
CONTACT INSPECTOR: Maurici!> E Hernandez
PHONE# 415-575-6831 DIVISION: BID DISTRICT:
By:(Inspectors's Signature) _ _ _ _ _ _ _ _ _ _ _ _ __
0C1ll .i·Hu.i1,,,1;:,1•.u riupcILy 1111unnauun lv1ap - rnni vers10n Page 1 of3

SAN FRANCISCO
PLANNING DEPARTMENT

Report for: 2966 24TH ST

Property Report: 2966 24TH ST

General information related to properties at this location.

PARCELS (Block/Lot):
4206/017

PARCEL HISTORY:
None

ADDRESSES:
2966 24TH ST, SAN FRANCISCO, CA 94110

NEIGHBORHOOD:
Mission

CURRENT PLANNING TEAM:


SE Team

PLANNING DISTRICT:
District 8: Mission

SUPERVISOR DISTRICT:
District 9 (Hillary Ronen)

CENSUS TRACTS:
2010 Census Tract 022902

TRAFFIC ANALYSIS ZONE:


Traffic Analysis Zone: 149

RECOMMENDED PLANTS:
Would you like to grow plants that create habitat and save water? Check out the plants that we would recommend for this property at SF
Plant Finder.

REPORT OF RESIDENTIAL BUILDING RECORD (3-R):


A 3-R report indicates the legal authorized use of a residential building on the date of the report. If subsequent permits are approved for
the building that would change the number of dwelling units, it is the property owner's responsibility to file an application with DBI to
generate an updated 3-R report.

Authorized Use:
Original Use:

http://50 .17 .23 7. l 82/PIM/?tab=O&dept=planning&search=3 574041 10/3/2017


ua.u i iai1"'1.,"'v J. iv_pvllJ .u11u11uauu111v1ap - rruu v ers1on Page 2 of3
Address: 2966 24TH ST
Parcel: 4206/017
Report No: 201609301851
Issued: 09/30/2016
Authorized Use:
Original Use:
Address: 296624TH ST
Parcel: 4206/017
Report No: 0
Issued:
Authorized Use:
Original Use:
Address: 2966 24TH ST
ParFel: 4206/017
Report No: 0
Issued:

CITY PROPERTIES:
None

PORT FACILITIES:
None

ASSESSOR'S REPORT:

View Secured Property Tax Rolls


Address: 2966 24TH ST
Mailing Address: 712 MIDWAY AVE
DALY CITY, CA 94015
Parcel: 4206017
Assessed Values:
Land: $205,026.00
Structure: $178,662.00
Fixtures:
Personal Property:
Last Sale: 9/1711993
Last Sale Price: $262,000.00
Year Built: 1925
Building Area:
Parcel Area: 2,596 sq ft
Parcel Shape:
Parcel Frontage:
Parcel Depth:
Construction Type: Wood or steel frame
Use Type: Commercial Stores
Units:
Stories: 1
Rooms: 2
Bedrooms:
Bathrooms: 1
Basement:
Owner: WILLLIAM C & SILVIA F RODRIGUEZ TRUST
712 MIDWAY AVE
DALY CITY, CA 94015

http://50. l 7.23 7. l 82/PIM/?tab=O&dept=planning&search=3574041 10/3/2017


uau i iain..i~vu i 1up1;;ny 1111u1111i:tuuu lVli:tjJ - rnru v ers1on Page 3 of3
Owner Date: 9/9/2002

The Disclaimer: The City and County ofSan Francisco (CCSF) does not guarantee the accura<y. adequacy. completeness or usefulness ofany ieformation. CCSF provides this information on an 'as is' basis
without warranty ofany kind, including but not limited to warranties ofmerchantability or fitness for a particular purpose, and assumes no responsibility for anyone's use of the information.

Printed: I 0/3/2017 http;ilpropertymap.sfplanning.org?dept=planning

http://50. l 7.237. l 82/PIM/?tab=O&dept=planning&search=3574041 10/3/2017


Page 1of1

Google Maps 2966 24th st

Image capture: Dec 2014 ~ 2017 Google United States

San Francisco, California

Google, Inc.

Street View - Dec 2014

https://www.google.com/maps/place/2966+24th+St,+San+Francisco,+CA+94110/@37.7526549,-122.41 l ... 10/3/2017


Law Office of Sam Wu

!J...hE~
2 Sam Wu, Esq. (271761)
140 Geary Street, 4th Floor
3 San Francisco, California 94108
Telephone: 415-886-7103
4
Facsimile: 415-889-6086 AUG 21 20\7
5 Email: swu@swulaw.com CLEMCf Ttf~T ' .
6 Attorneys for Plaintiff l't. ~Qsff.-!
Berenice Perez
7 SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
8
UNLIMITED CIVIL JURISDICTION
9
BERENICE PEREZ
10 Case Number: CGC-17 -S6 0 8 42
11 Plaintiff, CML COMPLAINT

12 v. 1. Breach of Contract;
2. Tenant Harassment (San Francisco
13 Silvia F. Rodriguez, as an individual, Admin. C. § 37.lOB);
Silvia F. Rodriguez, as Trustee to the 3. Wrongful Eviction (San Francisco
14
Wtlliam & Silvia F. Rodriguez Trust, Admin. C. § 37.9);
15 Francisco Leon Barranco, as an individual, 4. Breach of the Implied Warranty of
and DOES 1-10, inclusive. Habitability;
16 5. Breach of Statutory Warranty of
Defendants. Habitability (Civ. C. § 1941 et seq.,
17 Health & Saf. C. § 17920.3);
6. Negligence;
18
7. Nuisance;
19 8. Breach of the Covenant of Quiet
Enjoyment;
20 9. Collection of Rent for
Untenantable Dwelling (Civ. C. §§
21 1941, 1942.4);
10. Intentional InIDction of Emotional
22
Distress;
23 11. Unfair Business Practices (Bus. &
Prof. C. § 17200 et seq.).
24
JURY DEMANDED
25 ++-------------------------------------------------------~
26 \\
\
27

28 -1-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIQUEZ. et al.,
INTRODUCTION
2
1. Plaintiff Berenice Perez ("Plaintiff'' or"Perez") asserts the following civil complaint
3 against Defendants Silvia F. Rodriguez, as an individual, Silvia F. Rodriguez, as Trustee to the
4 William & Silvia F. Rodriguez Trust, and Francisco Leon Barranco, as an individual (collectively '
5 "Defendants" or "Landlord") and demands a jury trial.

6 THE PARTIES
2. At all times mentioned here, Plaintiff is and was a competent individual over the age of
7
18 and resident of the City and County of San Francisco. Plaintiff has leased a unit at 2966 - 24th
8
Street, San Francisco, CA 94110 ("Subject Property") from 2013 to the present.
9
3. Defendant Silvia F. Rodriguez is and was a competent individual over the age of 18 and
lO resident of Daly City, County of San Mateo. Defendant Rodriguez is recorded owner of the
11 Subject Property. She is being sued as an individual and as Trustee to the William & Silvia F.
12 Rodriguez Trust.

13 4. Defendant Francisco Leon Barranco ("Barranco") is an individual over 18 years of age


and resident of San Francisco, California. Plaintiff is informed and believes, and on that basis
14
alleges, that Mr. Barranco is the primary property manager of the Subject property and authorized
15
agent for the owner Ms. Rodriguez.
16
5. Plaintiff does not know the true names and/or capacities of Defendants sued herein as
17 DOES 1 through 10, inclusive, and therefore sue these Defendants by such fictitious names.
18 Plaintiff will seek leave to amend this complaint to include the true names and capacities of these
19 so named DOE Defendants when their true names and capacities are ascertained.

20 6. Plaintiff is informed and thereon allege that all Defendants at all times relevant herein
actually owned, dominated, managed, and controlled the Subject Property. They orchestrated,
21
ratified and were otherwise involved in the action described herein.
22
7. At all times mentioned herein, Plaintiff is informed and believes and thereon alleges that
23
each of the Defendants, including the Defendants sued as Does 1 through 10 herein, were acting
24 within the scope of their relationship with each other as the employer, employee, master, servant,
25 and/or agent of the other, and that all acts alleged herein were done within the scope of said
26 relationship.

27 \

28 -2-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIGUEZ. et al,
JJJRISDICTION AND VENUE
2
8. The acts and/or failures to act complained of herein occurred in the City and County of
3 San Francisco, State of California, in this Judicial District.
4 9. In addition, the real property to which this action relates (the Subject Property) is located
5 in the City and County of San Francisco, State of California, in the above-named Judicial District. ,

6 10. Furthermore, this Court is the proper Court, and this action is properly filed in the County
of San Francisco, because Defendants' obligations and liability arise therein, because the Parties
7
entered into the subject contracts in the County of San Francisco, and because Plaintiff suffered
8
the harms she allege herein within the County of San Francisco.
9
BACKGROUND
IO 11. The Subject Property is in the Mission District of San Francisco, owned and operated by
11 Defendants since at least 2013.
12 12. On belief and information, the Subject Property is currently zoned for only commercial

13 purposes. The last permitted use of the Premises is for an auto repair shop back on or about 1997.
13. However, at least since 2012, prior to when Plaintiff began her tenancy, Defendants
14
illegally converted the Subject property for residential uses. Back at least in 2013, there was at
15
least 10 different units in the former garage space. In the present, there are over 25 units.
16
However, there is only 1 kitchen and 1.5 bathrooms for the entire space. Defendants have been
17 running extension cords for most, if not all, of the electricities to each of the individual 25+ units.
18 There are no windows in any of the units, except for the front garage gate, which serves as the
19 only way for ingress and egress.

20 14. These units were and are leased out to mostly low-income and non-English speaking
individuals of the local community in the Mission District.
21
15. Plaintiff occupied a unit in the Subject Property since 2013, paying $600.00 per month as
22
rent. Her tenancy was based on an oral agreement with Defendants.
23
16. Defendants, and each of them, by virtue of leasing a residential apartment to Plaintiff in a
24 rent-controlled residential apartment building in San Francisco owned and/or managed by
25 Defendants, were landlords within the definition of the San Francisco Residential Rent
26 Stabilization and Arbitration Ordinance, (the "Rent Ordinance").

27 17. Plaintiff, by virtue of leasing residential apartments in a rent-controlled building in San

28 -3-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIGUEZ. et a}.,
Francisco, qualify as a "person who hires a dwelling" (i.e. tenant) as defined by California Civil
2
Code § 1940 and avail themselves of all the rights, remedies and benefits contained therein.
3 18. Plaintiff paid all rent allegedly due and owing during her tenancy and otherwise fully
4 complied with her obligations under the oral lease agreement (except as excused or prevented by
5 the Defendants).

6 19. For at least the entire duration of Plaintiff's tenancy, Defendants have failed to properly
maintain the Subject Property as a habitable residential property, and have intentionally ignored
7
their duties under the law (as well as the orders of the City) in providing the Plaintiff and other
8
tenants with a safe and habitable home. The Subject Property has been the subject of several
9
ongoing complaints by the Tenants and the City of San Francisco's Department of Building
10 Inspection ("DBI"). San Francisco Housing inspectors have issued, on information and belief,
11 ''Notice of Violation" (Complaint #2013-27781) and Abatement Order on the Subject Property,
12 for a myriad of health, safety, and habitability issues, including but not limited to: illegal

13 conversion/construction, no heat, no smoke/CO I detectors, garbage accumulation, cockroaches,


bedbugs, lack of reasonable ingress and egress, etc. This matter is still active, according to the
14
DBI. However, nothing has ever been done to remedy any issues, despite the Abatement Order.
15
20. Further, Defendants routinely harassed and threatened Plaintiff and other tenants with
16
illegal, forceful eviction. Defendant Barranco would disconnect (or threaten to disconnect) the
17 power to Plaintiff and other tenant's units or take/replace away the actual door knob.
18 21. In fact, on or about Augus~ 1, 2017, Defendant Barranco changed the locks to Plaintiff's
19 unit, locking her out from her personal belongings.

20 22. At all times before and during Plaintiff's tenancy, including through the present,
Defendants were aware Plaintiff's unit and the entire Subject Property were defective and
21
untenantable in numerous ways, including but not limited to:
22
a. Having inadequate heat in all pertinent areas of the units;
23
b. Lacking clean water, where Plaintiff had to endure a foul, sewer smell in the drains
24 and discoloration in the faucet waters;
25 c. Constant flowing of raw sewage due to inadequate piping;
26 d. Lack of any fire escape;

27 e. Lacking working smoke alarms in the common area of the Subject Property;

28 -4-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIGUEZ. et al.,
f. Lacking a working central fire alarm system;
2
g. Having a severe building wide bedbug & cockroach infestation;
3 h. Multiple structural defects resulting in unsafe living conditions;
4 i. Improper electrical wiring, whereas Defendants used extension cables to power the

5 individual units;

6 23. Throughout her occupancy and tenancy of her unit, Plaintiff informed the Defendants of
the defective and dangerous conditions listed above, among others, and requested that
7
Defendants and/or their agents, have them resolved. Despite these requests Defendants, and each
8
of them, failed and/or refused to effectively remediate the conditions, and/or did so in a negligent
9
and/or unreasonable fashion and in bad faith.
IO 24. Throughout Plaintiff's tenancy in the Subject Property, she paid monthly rent to
11 Defendants for the untenantable units.
12 25. On information and belief, Plaintiff alleges Defendants' conduct described herein was

13 intended to, and in fact did, illegally oust Plaintiff from the Subject Property. Such conduct
includes, but is not limited to, the following:
J4
a. Failing to provide a habitable dwelling free from defect;
15
b. Continuously failing to maintain and repair severe habitability violations in the unit
16
which rendered the unit substandard and untenantable;
t7 c. Failing to comply with the industry standard of care and employ properly licensed
18 and trained professionals to respond to and repair habitability defects per industry
19 standards throughout the Subject Property;

20 d. Failing to maintain and repair the Subject Property in a habitable cQndition per
industry and statutory standards.
21
e. Said defective conditions were persistent throughout Plaintiff's tenancy and
22
deteriorated from month to month.
23
f. Illegally changed the locks and disconnected power to Plaintiff's unit in retaliation
24 against her.
25 26. Defendants have not performed their obligation under Plaintiff's lease in ways that
26 include, but are not limited to the following:
a. Breached the warranty of habitability;

28 -S-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIQUEZ. et al..
b. Failed to maintain the Subject Property in a safe and habitable condition;
2
c. Denied Plaintiff peaceable quiet enjoyment of the Subject Property;
3 d. Said defective conditions were not caused by wrongful or abnormal use of the
4 Subject Property by Plaintiff or anyone acting under her authority.

5 27. Defendants endeavored to recover possession of Plaintiff's unit bad faith through

6 unlawful harassment and other means, including but not limited to a) demanding full rent while
Plaintiff's unit were untenantable; and b) forcefully changed Plaintiff's lock on her unit; and c)
7
disconnected power to Plaintiff's unit. This is in addition to the Defendants permitting the Subject
8
Property to fall into and/or remain in a condition that was substandard, untenantable and a
9
threat to the health and safety of Plaintiff, and any occupants, in an effort to recover possession of :
10 the rent-controlled unit.
11 28. Defendants' conduct was without right or justification and done for the purpose of

12 depriving Plaintiff of her right to possession her unit. Defendants engaged in the above-described

13 conduct with the knowledge that the conduct was without right or justification and without regard :
for the fact that it would cause injury to Plaintiff, notwithstanding her obligation to comply with
14
applicable ordinances and statutes providing for quiet possession and enjoyment her Unit.
15
29. Civil Code 3294 permits punitive damages, ifthere is evidence of oppression, fraud, or
16
malice. Per Section 3294, "Malice" means conduct which is intended by the defendant to cause
17 injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful
18 and conscious disregard of the rights or safety of others. "Oppression" means despicable conduct
19 that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.

20 "Fraud" means an intentional misrepresentation, deceit, or concealment of a material fact known


to the defendant with the intention on the part of the defendant of thereby depriving a person of
21
property or legal rights or otherwise causing injury.
22
30. Defendants' actions and inactions were rife with malice, oppression, and fraud.
23
Defendants already have a Notice of Violation and and Order of Abatement on the Premises since
24 back in 2013. Yet, they willfully ignored it and continued their illegal scheme to receive rent from ·
25 these victims, including Plaintiff. They had and continue to have a wilful and conscious disregard
26 of the safety of Plaintiff and the other tenants, due to the extremely substandard conditions of the

27 Premises. Further, they subjected Plaintiff and the other tenants to cruel and unjust hardships for

28 -6-

CIVIL COMPLAINT
BERENICE PEREZ y. SILVIA F. RODRIGUEZ. et al.,
having to live in constant danger and filth and illegal threats of eviction. They intentionally
2
concealed the true nature of the Premises from Plaintiff and the other tenants, in that it is actually
3 an auto repair shop illegally converted to "living" spaces. Finally, Defendants intentionally, in a
4 obvious retaliation against Plaintiff, forcefully changed the locks and disconnected power to
5 Plaintiff's unit, depriving her of her home. Thus, an award for punitive damages is warranted.

6 31. Each Defendant knew or should have known the issues alleged in this Complaint.
FIRST CAUSE OF ACTION
7
Breach of Contract
8
(Against All Defendants)
9
32. Plaintiff re-alleges and incorporates all allegations above as though fully set forth herein.
10 33. Plaintiff and Defendant entered into an oral lease agreements.
11 34. Defendants foiled and continue to fail to perform the terms and conditions of the lease
12 agreements by which it is bound. Plaintiff alleges that Defendants breached the lease agreement

13 by, among other things: failing to provide a habitable and safe living environment; failing to
maintain and repair the Subject Property and Plaintiff's individual unit; improperly repairing
14
Plaintiff's Unit; preventing quiet enjoyment by Plaintiff of her unit; wrongfully demanding and
15
collecting rent notwithstanding uninhabitable conditions; failing to offer and pay relocation
16
benefits as required by law, and breaching numerous other of the lease agreements' provisions.
17 35. Plaintiff performed all duties, conditions and obligations, which were required of her
18 pursuant to the terms of the lease agreement.
19 36. Defendant's breaches of the lease agreements as alleged are the direct and proximate

20 cause of Plaintiff's damages as described herein.


SECOND CAUSE OF ACTION
21
Tenant Harassment (San Francisco Administrative Code§ 37.10 B)
22
(Against All Defendants)
23
37. Plaintiff re-alleges and incorporates all allegations above as though fully set forth herein.
24 38. San Francisco Administrative Code§ 37 et seq. (the "Rent Ordinance") governs certain
25 aspects of tenancy within San Francisco. Defendants' acts described above constitute unlawful
26 harassment under the Rent Ordinance as they were done in bad faith or with ulterior motive or

27 without honest intent. Among many other violations, Defendants' failure to undertake repairs

28 -7-

CIVIL COMPLAINT
BERENICE PEREZ y. SILVIA F. RODRIQUEZ. et al..
with due diligence, as described above, violate Rent Ordinance§ 37.10B(a)(3). Defendants'
2
interference with Plaintiff's rights to quiet use and enjoyment of a rental housing unit violate Rent
3 Ordinance§ 37.lOB(a)(lO); Defendants' interference with Plaintiff's rights to privacy violates
4 Rent Ordinance§ 37.10B(a)(13).
5 39. Plaintiff alleges that she has suffered general and special damages due to illegal actions of .

6
Defendants, in an amount to be determined at trial, but in no event less than the jurisdictional
limits of this Court. Defendants' repeated harassment of Plaintiff, as detailed herein, was so
7
outrageous that Defendants acted in knowing violation or reckless disregard of San Francisco
8
Administrative Code § 37.1 OB and therefore Plaintiff is entitled to treble damages for mental and
9
emotional distress.
10 40. As a direct, proximate, and foreseeable result of Defendants' illegal actions done with
11 oppression, fraud and malice, Plaintiff has been denied the full use and enjoyment of her unit and
.12 suffered and continue to suffer considerable mental anguish, fear, anxiety and pain and have

13 therefore been damaged in an amount to be determined at trial and trebled according to statute.
41. As a direct, proximate, and foreseeable result of Defendants' illegal actions, Plaintiff has
14
suffered damages in an amount to be determined at trial, but in no event less than the
15
jurisdictional limits of this Court, and trebled pursuant to San Francisco Administrative Code §
16
37.lOB(c)(S).
17 42. In doing the acts alleged herein, and repeatedly ignoring the requests of Plaintiff and the
18 DBI, Defendants have acted with oppression, fraud and malice; therefore Plaintiff is entitled to
19 punitive damages in an amount to be determined at trial.

20 43. Pursuant to Rent Ordinance§ 37.10B(c)(5), Plaintiff is also entitled to injunctive relief
and to recover reasonable attorney fees incurred in the prosecution of this action.
21
THIRD CAUSE OF ACTION
22
Wrongful Eviction (San Francisco Administrative Code§ 37.9 et seq.)
23
(Against All Defendants)
24 44. Plaintiff re-alleges and incorporates all allegations above as though fully set forth herein.
25 45. Due to the above-stated acts or omissions of Defendants, and the intolerable conditions of
26 Plaintiff's unit, Defendants rendered Plaintiff's unit unfit for use as a residence. Further,

27 specifically, on or about August 1, 2017, Defendants forcefully changed the locks on Plaintiff's

28 -8-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIGUEZ. et al..
unit. This type of action was threatened to be used by Defendants before, in additional to actual
2
and threats of disconnecting the power to the unit. Plaintiff has not been able to return to the her
3 unit, rendering her without a home.
4 46. Defendants endeavored to recover, and in fact recovered, possession of the units leased by ,
5 the Plaintiff in bad faith, with ulterior reason, and without honest intent, and in a manner not

6 permitted by the Rent Ordinance and thereby violated the provisions of the Rent Ordinance §
37.9 et seq.
7
47. Section 37.9(f) of the Rent Ordinance provides for an award of not less than three times
8
the actual damages when a landlord or any other person willfully assists a landlord to endeavor to ,.
9 '
recover possession of a rental unit in violation of§ 37.9 et seq.
10 48. As a direct and proximate result of the above conduct and Plaintiff's wrongful eviction,
II she suffered expenses for moving and relocation, the forced abandonment of property, and a
12 difference in the rental value for his new residence, in addition to emotional distress, in an

13 amount to be proven at trial.


49. The aforementioned acts of Defendants were in conscious disregard of Plaintiff's tenant
14
rights and his safety. Defendants were willful, oppressive and malicious in their refusal to abide
15
by the lease agreement and their attempt to force Plaintiff out of his rent-controlled apartment.
16
Plaintiff is therefore entitled to punitive damages in an amount to be proven at trial.
17 FOURTH CAUSE OF ACTION
18 Breach of the Implied Warranty of Habitability
19 (Against All Defendants)

20 50. Plaintiff re-alleges and incmporates all allegations above as though fully set forth herein.
51. At all relevant times herein, defective living conditions have existed, and continue to
21
exist, at the Subject Property, including but not limited to Plaintiff's unit. These defective
22
conditions include, but are not limited to:
23
a. Having inadequate heat in all pertinent areas of the units;
24 b. Lacking clean water, where Plaintiff had to endure a foul, sewer smell in the drains
25 and discoloration in the faucet waters;
26 c. Constant flooding of raw sewage due to inadequate piping;

27 d. Lack of any fire escape;

28 -9-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIGUEZ. et al.,
e. Lacking working smoke alarms in the common area of the Subject Property;
2
f. Lacking a working central fire alarm system;
3 g. Having a severe building wide bedbug & cockroach infestation;
4 h. Multiple structural defects resulting in unsafe living conditions;

5 1. Improper electrical wiring, whereas Defendants used extension cables to power the

6 individual units;
52. The defective conditions stated above are violations of state and local housing laws and
7
pose severe health and safety hazards. The defective conditions materially affected Plaintiff's
8
living conditions and health.
9
53. Defendants had actual and constructive notice of each of the defective conditions
rn described above at all relevant times herein. Despite such notice, Defendants failed to take the
11 steps necessary to repair said conditions.
12 54. Plaintiff paid Defendants monthly rent during the time she occupied her unit in the

13 Subject Property.
55. Plaintiff did nothing to cause, create or contribute to the existence of the defective
14
conditions stated above.
15
56. By Defendants' breach of the warranty of habitability, Defendants breached a duty
16
imposed on all residential landlords by state and local law. In failing to repair the defective
17 conditions detailed above, Defendants acted unreasonably.
.18 57. Defendants' conduct was deliberate, willful and malicious. Defendants acted, or failed to
19 act, deliberately and in conscious disregard of the rights and safety of Plaintiff. By reason thereof,

20 Plaintiff is entitled to punitive damages in an amount to be determined at trial.


FIFTH CAUSE OF ACTION
21
Breach of Statutory Warranty of Habitability
22
(Against All Defendants)
23
58. Plaintiff re-alleges and incorporates all allegations above as though fully set forth herein.
24 59. Defendants have violated statutes, .including, among others, Cal. Civil Code§ 1941 et
seq., and Health & Safety Code § 17920.3 related to the implied warranty of habitability.
26 60. Plaintiff repeatedly notified Defendants, both orally and in writing, of these unsanitary,

27 unhealthy and/or defective conditions. Defendants failed and/or refused to remediate these

28 -10-

CIVIL COMPLAINT
BERENICE PEREZ y. SILVIA F. RODRIGUEZ. et al.,
dangerous and defective conditions within a reasonable time, or at all. Accordingly, Plaintiff is
2
informed and believe, and thereon allege, that Defendants had actual and/or constructive notice of
3 each of the defective conditions described above at all relevant times herein. Despite such notice,
4 Defendants failed to take the steps necessary to remediate said conditions, sometimes for years at

5 a time.
61. Plaintiff paid Defendants rent during the time she occupied her unit in the Subject
6
Property.
7
62. Plaintiff did nothing to cause, create or contribute to the existence of the defective
8
conditions stated above. Further, her unit as it existed in their defective and dangerous condition
9
had no rental value whatsoever as a result of their defective and dangerous conditions.
10 63. As a direct and proximate result of Defendants' breach of the statutory warranty of
11 habitability and their failure to remediate the defective and dangerous conditions or have them

12 repaired within a reasonable time or at all, Plaintiff suffered the loss of the use of her unit, and

13 was forced to live in unsafe and untenantable units, while still being forced to pay rent.
64. Defendants' conduct was deliberate, willful and malicious. Defendants acted, or failed to
14
act, deliberately and in conscious disregard of the rights and safety of Plaintiff. By reason thereof,
15
Plaintiff is entitled to punitive damages in an amount to be determined at trial.
16
SIXTH CAUSE OF ACTION
17 Negligence
18 (Against All Defendants)
19 65. Plaintiff re-alleges and incorporates all allegations above as though fully set forth herein.

20 66. By reason of the landlord-tenant relationship between Defendants and Plaintiff,


Defendants and their agents owed Plaintiff a duty to exercise reasonable care in the ownership,
21
management, inspection, and control of the units and common areas of the Subject Property,
22
including Plaintiff's unit, which included a statutory duty to comply with all applicable laws
23
governing Plaintiff's rights as tenant and all duties listed below. Defendants also owed a duty to
24 exercise reasonable care in maintaining the Subject Property and its units free of defects and/or
25 hazards and in inspecting the units for the same, so as to preclude any person, including Plaintiff
26 from unreasonable risk of harm. Defendants also owed a duty to warn Plaintiff of any potential

27 and non-obvious hazards.

28 -11-

CIVIL COMPLAINT
Bf:RENICE PEREZ v. SILVIA F. RODRIGUEZ. et al..
67. The duty to exercise reasonable care owed by Defendants, and each of them, to Plaintiff
2
also included, but was not limited to the following duties: to provide Tenants with legal,
3 tenantable housing fit for human occupancy; to refrain from interfering with Tenants' full use and ,
4 quiet enjoyment of the rented residence; and to comply with all applicable state and local laws

5 governing Plaintiff's rights as tenants.


68. Defendants, by the acts and omissions alleged herein, were negligent and careless and
6
thereby breached said duties. Defendants also breached their duties to Plaintiff by failing to
7
inspect her unit, to repair it properly, to maintain it free of defects and hazards, and to warn
8
Plaintiff of the potentially hazardous nature of the vermin infesting the her unit.
9
69. As a direct and proximate result of these breaches of duty by Defendants, Plaintiff
10 suffered actual and special damages as herein alleged.
11 70. The aforementioned duties breached by Defendants were breached with knowing and/or

12 reckless disregard for Plaintiff's rights, safety, and health and thus justify an award of substantial

13 exemplary and punitive damages in an amount to be proven at trial.


SEVENTH CAUSE OF ACTION
14
Nuisance
15
(Against All Defendants)
16
71. Plaintiff re-alleges l!Ild incorporates all allegations above as though fully set forth herein.
17 72. Plaintiff, by virtue of her rental at the Subject property, had at all relevant times, a
18 property interest in her unit. Defendants' conduct in creating and maintaining a nuisance premises

19 in the manner described herein, was injurious to Plaintiff, offensive to Plaintiff's senses, and

20 interfered with her comfortable enjoyment oflife, personal property, and her interest in the her
unit.
21
73. Defendants created and maintained the deficient conditions in the Subject Property and
22
Plaintiff's unit by failing to correct or remediate defective conditions. Defendants' conduct in
23
maintaining the Subject Property and Plaintiff's unit in a hazardous, unhealthy and offensive state ·
24 was grossly negligent and Defendants should have known that regular upkeep would be required
25 to maintain the habitability of the units and Subject Property.
26 74. As a direct, legal and foreseeable result of the conduct of Defendants, as set forth above,

27 Plaintiff suffered damages as set forth herein.

28 -12 -

CIVIL COMPLAINT
BERENICE PEREZ y. SILVIA F. RODRIGUEZ. et al.,
75. Defendants' conduct, as set forth herein, was grossly negligent and through reasonable
2
and necessary inspections it would have been readily apparent that injury, discomfort, and
3 annoyance would unavoidably result to Plaintiff. Defendants therefore acted with willful and
4 conscious disregard for the rights and safety of Plaintiff. Defendants' conduct was also

5 oppressive and despicable, and said conduct constituted cruel and unjust hardships upon Plaintiff.
Thus, Plaintiff requests punitive damages to be proven at trial.
6
EIGHTH CAUSE OF ACTION
7
Breach of Covenant of Quiet Enjoyment
8
(Against All Defendants)
9
76. Plaintiff re-alleges and incorporates all allegations above as though fully set forth herein.
10 77. By the acts and omissions described above, Defendants interfered with, interrupted, and
11 deprived Plaintiff the use of her unit and disturbed Plaintiff's peaceful possession of it.

12 78. Defendants' acts of interference, interruption, deprivation, and disturbance amount to a

13 breach of the covenant of quiet enjoyment implied in all rental agreements, and codified in Cal.
Civil Code § 1927.
14
79. As a direct and proximate result thereof, Plaintiff suffered, and continue to suffer, pain,
15
discomfort, annoyance, inconvenience, anxiety, economic loss, loss of use, and mental anguish,
16
all to her detriment in amounts to be determined at trial.
17 NINTH CAUSE OF AC'JION
18 Collection of Rent for Untenantable Dwelling (Cal. Civil Code§§ 1941, 1942.4)
19 (Against All Defendants)

20 80. Plaintiff re-alleges and incorporates all allegations above as though fully set forth herein.
81. At all times relevant herein, the Subject Property and Plaintiff's unit substantially lacked
21
the affirmative standard characteristics listed in Civil Code§ 1941.1, including but not limited to:
22
a. Having inadequate heat in all pertinent areas of the units;
23
b. Lacking clean water, where Plaintiff had to endure a foul, sewer smell in the drains
24 and discoloration in the faucet waters;
_,,- c. Constant flooding of raw sewage, due to inadequate piping;
26 d. Lack of any fire escape;

27 e. Lacking working smoke alarms in the common area of the Subject Property;

28 -13-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIGUEZ. et al.,
f. Lacking a working central fire alarm system;
2
g. Having a severe building wide bedbug & cockroach infestation;
3 h. Multiple structural defects resulting in unsafe living conditions;
4 i. Improper electrical wiring, whereas Defendants used extension cables to power the

5 individual units;

6 82. The conditions described above were not caused by an act or omission of Plaintiff in
violation of Civil Code§§ 1929 or 1941.2.
7
83. Defendants continued to demand and collect rent despite the existence of the conditions
8
described above, thereby violating Civil Code § 1942.4. As a direct and proximate result thereof,
9
Plaintiff suffered and continue to suffer actual damages, all to her detriment in an amount to be
10 determined at trial.
11 TENTH CAUSE OF ACTION
12 Intentional Infliction of Emotional Distress

13 (Against All Defendants)


84. Plaintiff re-alleges and incorporates all allegations above as though fully set forth herein.
14
85. Defendants' acts as alleged were extreme and outrageous and done with conscious
15
disregard for Plaintiff's rights. Defendants knew Plaintiff was susceptible to additional
16
discomfort as a result of the conduct described, knew the conduct adversely affected them, had
17 the wherewithal to avoid the conduct, yet consciously failed and refused to do so.
18 86. As a result of Defendants' conduct and their numerous failures to maintain the units in

19 habitable condition, the failure to provide heat, functioning and safe electrical outlets, and failure

20 to deal with water leaks and bedbug infestations, the Plaintiff suffered, and continue to suffer,
severe mental and emotional distress, pain, and suffering, in an amount to be proven at trial.
21
ELEVENTH CAUSE OF ACTION
22
Unfair Business Practices (Bus. & Prof. Code § 17200 et seq.)
23
{Against All Defendants)
24 87. Plaintiff re-alleges and incorporates all allegations above as though fully set forth herein.
25 88. Plaintiff brings this cause of action under Business and Professions Code § 17200 et seq.
26 as private person affected by the acts described in this complaint. Plaintiff has lost money or

27 property as a result of Defendants' unfair and deceptive business practices.

28 -14-

CIVIL COMPLAINT
BERENICE PEREZ y. SILVIA F. RODRIGUEZ. et a).•
• <

89. At all times relevant herein, Defendants and each of them were conducting the business of
2
leasing residential property under the laws of the State of California and/or the City and County
3 of San Francisco. In conducting said business, Defendants were obligated to comply with the
4 laws of the State of California and/or the City and County of San Francisco.
5 90. Defendants have violated, and continue to violate, Business and Professions Code §

6 17200 et seq. through their unlawful and unfair business acts and/or practices, including but not
limited to harassing Plaintiff and other California consumers, failing to maintain and repair the
7
Subject Property, including Plaintiff's unit, and agreeing to lease substandard properties that
8
endanger the life, health, property, safety, and welfare of the occupants and the general public
9
while collecting rent for such properties.
10 91. Defendants' unlawful acts and practices, constitute unlawful business acts and practices
11 within the meaning of California Business and Professions Code § 17200 et seq. Defendants'
12 unlawful business acts and/or practices as alleged herein have violated numerous state laws and

13 regulations - and these predicate acts are therefore per se violations of section 17200 et seq.
These predicate unlawful business acts and/or practices include, but are not limited to, violations
14
of the following statutes:
15
a. San Francisco Admin. C. § 37.lOB;
16
b. San Francisco Admin. C. § 37.9;
17 c. California Civil Code § 1941 et seq.,
18 d. Health & Safety Code§ 17920.3;
19 e. California Civil Code§§ 1941, 1942.4;

20 92. Defendants' misconduct as alleged in this action gave Defendants an unfair competitive
advantage over their competitors. The misconduct, as alleged herein, also violated established
21
law and/or public policies which seek to regulate the health, safety, and tenancy of residential
22
units within the city, and ensure that such units are within the safety standards set by the City and
23
County of San Francisco and the State of California. Defendants' actions in failing to maintain
24 the Subject Property to even basic levels of habitability while still collecting hundreds of
25 thousands of dollars in profit was and is directly contrary to established legislative goals and
26 policies promoting the ethical and lawful renting of residential units in the City of San Francisco

27 and the State of California. Therefore Defendants' acts and practices alleged herein were and are

28 -15-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIGUEZ. et al.,
unfair within the meaning of Business and Professions Code § 17200 et seq.
2
93. At all times relevant, Defendants' misconduct alleged herein: (a) caused substantial injwy
3 to the public; (b) had no countervailing benefit to consumers that could possibly outweigh this
4 substantial injwy; and (c) Defendants' actions caused injury that could not have been avoided by

5 ordinary consumers. Therefore, Defendants' acts and practices as alleged herein were unfair

6 within the meaning of Business and Professions Code § 17200 et seq.


94. Defendants knew of and intentionally ignored the laws regulating the tenancy of
7
residential housing, knew the units they offered were untenantable, and collected rent on such
8
units anyway.
9
95. Courts award exemplary damages to discourage oppression, fraud, or malice by punishing :
10 the wrongdoer. Such damages are appropriate in cases like the present one, where restitution
11 would have little or no deterrent effect, for wrongdoers would run no risk of liability to their

12 victims beyond that of returning what they wrongfully obtained. The California Supreme Court

13 and Appellate Courts have approved the imposition of exemplary damages in connection with
restitutionary theories of recovery in appropriate circumstances. Ward v. Ta,u;gart ( 1959) 51
14
Cal.2d 736. 742-743; McLauahlin y. National Union Fire Ins. Co. (1994) 23 Cal.App.4th 1132.
15
~.
16
96. Plaintiff also requests an injunction to enjoin further illegal and unfair business practices
17 by Defendants, an order forcing them to abate all currently existing DBI violations, and enjoining
18 Defendants from collecting rent until they do so.

19 PRAYER FOR RELIEF AND JUDGMENT

20 WHEREFORE Plaintiff prays for judgment and relief as follows:


1. That Defendants be ordered and enjoined to pay restitution of all rental fees to Plaintiff
21
due to Defendants' unlawful and/or unfair activities, pursuant to Business and Professions
22
Code§§ 17200 et seq;
23
2. For damages, relocation expenses, and restitution of deposits to Plaintiff.
24 3. For statutory penalties under applicable causes of action;
25 4. For treble damages where authorized under applicable causes of action;
26 5. For general and special damages on the Plaintiff's claims;

27 6. For pre- and post-judgment interest as permitted by law;

28 -16-

CIVIL COMPLAINT
BERENICE PEREZ v. SILVIA F. RODRIGUEZ. et al..
. ' •

7. For exemplary and punitive damages for Defendants' willful and malicious conduct under .
2
applicable .causes of action;
3 8. For contractual damages under applicable causes of action;
4 9. For attorney fees and costs of suit herein incurred if permitted by law or contract;
5 I 0. For injunctive relief enjoining Defendants from collecting any rental monies from

6 Plaintiff until all outstanding violations on file with the DBI are abated; and
11. For such other and further relief as the Court deems just and proper.
7

8
Respectfully Submitted,

~/t!n--
9

to
11
Date: _ _ _,._,./__,_t_ _ __ A/
Sam W. Wu, Esq.
Attorney for Plaintiff
12 Berenice Perez

1.3
JURY TRIAL DEMAND
14

15 Plaintiff hereby demands a jury trial.

16 Respectfully Submitted,

17
18 Date: --=--q:r---#-41---=rt_ _
.fi(;---
Sam W. Wu, Esq.
19 Attorney for Plaintiff
Berenice Perez
20
21
22
23

24
25
26

27
28 -17-

CIVIL COMPLAINT
BERENICE PEREZ y, SILVIA F. RODRIGUEZ. et al..
SUM-100
SUMMONS
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
Silvia F. Rodriguez, as an individual, Silvia F. Rodriguez, as Trustee to
the William & Silvia F. Rodriguez Trust, Francisco Leon Barranco, as
YOU ARE BEING SUED BY PLAINTIFF: o"' i~\ "'duo.\/ o\o<c:\ DOES
(LO ESTA DEMANDANDO EL DEMANDANTE): } - l'O i,..c.\'fi\v~
I
BERENICE PEREZ

NOTICE! You have been sued. The court may dedda against you without your being heard unless you respond within 30 days. Raad the Information
below.
You hive 30 CALENDAR DAYS altar this summons and legal papers are served on you lo IBa a written response at this court and have a copy
served on the plalntllf. A latter or phOna can will not protect you. Your written response must be In proper legal form If you want Iha court lo hear your
case. There may be a court form that you can use fi>r your response. You can find these court forms and more Information at the Cafffomla Courts
Online Self.Help Canter (www.courtlnfo.ca.gov/se/fhelp), your county law library, or the courthouse nearest you. If you cannot pay Iha flllng fee, ask
the court clerk for a faewalverfonn. lfyou do notflla your response on time, you may lose the case by default, and your wages, money, and property
may be takeri without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to can an attorney
referralservlce. lfyou cannot afford an attorney, you may be ellglbla for free legal services from a nonprofit legal aervlces program. You can locate
thlse nonprofit groups at the California Legal Servlcea Web site (www.lswhelpcaflfomfa.org), the Cafffomla Courts Online Self-Help Center
(www.courtfnfo.cs.gov/sfJlfhelp), or by conll~ your local court or cot.mty bar BllOClation. NOTE: The court haa a statutory Hen for waived fees and
COBIB on any setllament or arbitration award of $10,000 or more In a clvll case. The court's lien mu&t be paid before the court will dlsmln the case.
/A\lrSOI Lohan demandado. SI no responde dentro de 30 dfas, la carte pueda decfdlr en su contra sin escuchar su versfdn. Lea la fnlbnnaci6n a
contfnuacl6n.
T1ene 30 DIAS DE CALENDARJO despues de que le entreguen esta cltllcl6n y papeles tagafas para presenter una respuesta por escrito en esta
carte y hacer que ae entr9gue una copia al damandante. Una carts o una Hamada telef6nlca no lo protegen. SU respuesta por esctito tiene que estar
en lbrlnato legal conecto al desea que procesen su caso en fa carte. Es poslble que haye un frxmulBrio que Ustecl pueda UIJtll' para su f'86PUesla.
Puede encontrar 8stos frxmularios de la corle y mas fnformtlcl6n en al Centro de Ayuda de las Cortes de Caftfomia (www .aucorte.ca.govJ. en la
blblfoteca de /ayes de su oandado o an /a carte qua le quade mis ceroa. Sf no puede pagar fa cuota de presentac/6n, pids al secretarlo de la corl9
qua le. d8 un frxmu/Brio de exancf6n de pago de cuotas. SI no presents su respuesta a tiempo, puede perr:lar al caso por /ncumplimfento y la corle le
podnJ qultar au sue/do, dlnero y blenes ain mis advaltancia.
Hay otros requlsitos legates. Es recorriendable qua name a un abogado inmediatamente. Si no conoce a un abogado, puade flsmar a un servlcio de
remfs/6n 8 abogados. Sf no puede pegar a un abogado, es posible que cumpla con los raqufsitos para obtener 861Vlcfos legales graluitos de un
prograrna de serviclos tegllles sin fines de fuao. Puade encontrar estos grupos aln 01188 de lucro en el sltlo web de Ca6fomla Legal Setvfces,
(www.lawhefpcalfomla.org}, en el Cantro de Ayuda de las Carles de Callfomfa, (www.sucorte.ca.gov) o ponMndose en contacto con la carteo el
coleglo de abogtJdos locales. AV/SO: Por fey, la carte tiene derecho a rectamar las cuotas y los costoa exentos por fmponer un gravamen aobre
cutilquier reeuperacf6n da $10,000 6 mis de 118/or recfbicltl madlante un scuerdo o uns concesJ6n de 8lbitraje en un caso de derecho civil. Tiene que
pegarel gravamen de Is carte ant&s de que Is corle puscla dasechar el caso.
The name and address ofttJe CX>Urt is: CN;E NUMBER:
(Mltn9fD""' C..O):
(El nombte y dlrecci6n de la ex>rte es):
SUPERIOR COURT OF SAN FRANCISCO
400 McAllister Street, San Francisco, CA 94102
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombte, la dlrecci6n y el numero de te/8fono def abogedo de/ demandante, o de/ demandante que no tJene abogado, es):
SAM W. WU. ESQ. (271761)1140 GEARY ST.• 4TH FL., SAN FRANCISCO, CA I 415-886-7103
CLERK OF THE Mm
---w11<. by • Deputy
(Secretario) (Mjunto)
(For proof o service of this summons, use Proof of Service of Summons (form POS-01 9.}
(Para fJIU8ba de enlfFlga de esta cilati6n use el formulario Proof of Service of Sunvnons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
1. CJ as an Individual defendant
2. CJ as the person sued under the fictitious name of (specify):

3. CJ on behalf of (specify):
under: CJ CCP 416.10 (corporation) c:J CCP 416.60 (minor)
CJ cCP416.20(defunctcorporation) D CCP416.70(conservatee)
c:J CCP 416.40 (association or partnership) CJ CCP 416.90 (authorized person)
CJ other (specify):
4. CJ by personal delivery on (date):
1 of1
SUMMONS Code ofCMI l'locodln 55 412.20, '485
www.c:our6nlb4.QCIV
CM-010
~ww.e«r.~tlI~'f (Name, stB Barm.mber, andaddreSS). l'Oll COUffT USE OM.Y

140 GEARY STREET. 4TH FLOOR


SAN FRANCISCO, CA 94108
ruEPHONeNO.'.
AlTORHEY FOR~);
415-886-7103
PLAINTIFF
FAX NO.: 415-889-6086 FikE.J2-
..,,__
COURT OF CA~. COUNTY OF San Francisco, CA AUG 1i io\7
STREET ADOAEss: 400 McAllister Street
MAILING ADDRESS:
C11YANOZ1Pcooe: San Francisco, CA 94102 Cl.I
BRANCH NAME: Civil Lilnited
CASE NAME:
PEREZ v. Rodri et al
CASE

Unllmlted . Limited
Complex Case Designation
D Count.er D Jolnder
-1. 7-56084
(Amount (Amount
demanded demanded is Filed with first appearance by defendant JUDGE:
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1-6 below must be com feted see instructions on 2.
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provlalonally Complex Clvll Lltlptlon
D (Cal. Ruin of Court, rules UG0-3.403)
E3 Auto (22)
Uninsured motolfst (46) D
D
Breach of contract/warranty (06)
Rule 3.740 collections (09) D AntttrusVTrade regu1atton <oa>
Other PllPQJWD (Peraonal. lnjuiy/Property
~rongful 0.lth) Tort
D Asbestos (04)
D
D
other collectlons (09)
Insurance coverage (18)
Other contract (37)
E1
D
Conltrucllon defect (10)
Maas tort (40)
Se!Ultles llligation (28)
D Product llabiDty (24) Real Property D EnvtronmentaVToxlc tort (30)
D Medical malpractlce (45) D Eminent domain/Inverse D Insurance coverage dalms arising from the
D other PllPDM'D (23) condelmatlon (14) above listed prcMillonally compleX case
types (41)
Non-PllPDIWD (other) Tort [Z] Wrongful evlcllon (33)
D Bualness tort/unfair business practice (07)D Other real property (26) Enforcement of Judgment
D Civil rights (08) Unlawful Detainer D Enforcement or judgment (201
D
D
E3 Defamation (13)
Fraud (16)
Intellectual property (19)
D
D
Commercial (31)
Residential (32)
Drugs (38)
Mlac:ellaneoua Clvll Complaint
D
D
RIC0{27)
Other complaint (not specified above} (42)
D Prafeulona1 119g11gence (25) Jud1c1a1 Revl9W Mlacellaneoua CMI Petition
D other non-Pl/POM'D tort (35) D Asset forfeiture (05) D Partnership and corporate governance (21)
~ D Petition re: arbitration award (11) D Other petition (not apecffied aboV9) (43)
LJ Ymlngful termination (36) D Writ of mandate (02)
Otheremploymenl (15) other IJdiclal review 39
2. This case is is not complex under rule 3.400 of the Cslifomia Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. D Large number of separately represented parties d. D
Large number of witnesses
b. D Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts
Issues that will be time-consuming to resolve In other counties, states, or countries, or In a federal court
c. D Substantial amount of documentary evidence f. D Substantial posljudgment judicial supervision
3. Remedies sought (check all that apply): a.[ZI monetary b. G2] nonmonetary; declaratory or injunctive relief c. [l]punltive
4. Number of causes of action (specify): 4l\ S't.J
5. This case D is [Z] is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use fonn CM-015.)
Date: ~- ?- 17- ~
SAM W. WU, ESQ. ~ ~
(TYPEOR PRJNT NAME) ..._.-..__.....,,,,.,.,.,.,=~,..,,.,,=OR,..,...,A""ffiiiiii!Y="""""FOR="P=AATYj=.-----

NUl1~i;;
• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except sman claims cases or cases filed
under ihe Probate Code, Family Code, or Welfare and Institutions CO:de). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions. · ·
• FUe this C:over sheet in addition to any cover sheet required by local court rule.
• If this case Is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
• Unless this Is a collections case under rule 3.740 or a complex case, this coversheet will be used for statistical purposes onlv. 'il.,;.,.1af2
1111 HllllllHlll 11
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet


Aug-21-201712:35 pm

Case Number: CGC-17-560842


Filing Date: Aug-21-2017 12:32

Filed by: KALENE APOLONIO


lm'age: 05994057
COMPLAINT

BERENICE PEREZ VS. SILVIA F. RODRIGUEZ ET AL

001 C05994057

Instructions:
Please place this sheet on top of the document to be scanned.
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THE SUPERIOR. COUR.T OF CALIFORNIA


COUNTY OF SAN FRANCISCO
Case Number: CGC17560842
Title: BERENICE PEREZ VS. SILVIA F. RODRIGUEZ ET AL
Cause of Action: WRONGFUL EVICTION
Generated: 2017-10-03 1:28 pm

. Register of Actions Parties Attorneys Calendar Payments Documents

Attorneys

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Name Address and Phone Number Parties Represented
Number

WU,SAMW 271761 WU &YUNG PEREZ, BERENICE (PLAINTIFF)


140 GEARY STREET
4TH FLR
SAN FRANCISCO, CA 94108
415-886-7103
swu@swulaw.com

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