civus
Hearing video

ZBA Hearing - July 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 7, 20262h 22m

the area. It would be two two-bedroom units. We met again recently June 22nd at an RCO

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We met again recently June 22nd at an RCO meeting.

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I think some of the issues were like raised that it would be a multifamily, but that really wasn't an issue with the refusal.

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My client is going to be, you know, the owner taking part in some of the building, the general contractor building and residing there.

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So those were the issues.

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okay um why don't you bring your client on if you would please and he can adopt his testimony okay

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Mr. DeSimone

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he might be

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he's he was registering i know we it said 10 30 i told him to log in a little earlier so

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i will yeah did that person raise their hand if they're in a virtual audience can that person

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raise their hand he's trying to register okay i'm gonna send him my link um

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maybe that will speed him up

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sorry for the delay

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I sent him my link to that I registered on okay all right I wanted him to register on his own

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did you get in touch with the council well with my client yeah yes should i i well i mean look

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you're bring them in on my phone because i text for the let's make you're an officer of the court

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You reported on the changes. We'll take your testimony. But I think this case is we're going to hold it in a way. Am I correct?

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Yes, we're going to hold, but we're going to give it a date to hold.

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All right, sure. All right. Questions from the board?

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Questions from our attorney?

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Yes, we're going to actually hold this matter because there's an issue with tax compliance.

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Yeah.

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Oh, there he is now.

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And just to address that issue, I did attach the appeal because the tax compliance we attached was for the permit that he was cleared.

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But I also attached in my packet submitted last week was his appeal document that the tax issues under appeal.

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My client did just join.

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Under my name.

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OK, OK, one minute.

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What years were your appeals for?

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Um, it looks like there's an agreement that's indicated, um, with regard to 2026, but nothing

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is indicated, um, on the actual like websites for, with regard to 2023 and to 2025.

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So that's three years.

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That's still in collections.

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The form.

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Okay.

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That's what, that's what it's for, Ray.

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It's for, hold on.

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I'm sorry.

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I'm pulling the form.

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So.

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Oh, wait, uh, council.

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Hold on a minute.

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Uh, sir, could you please state your name and spell for the stenographer?

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Yep, James DeSimone, and it's J-A-M-E-S, and then D-E-S-I-M-O-N-E.

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Do you swear or affirm to tell the truth, the whole truth?

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Yes, sir.

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Okay, so, counsel, you were saying?

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Yeah, so the form that I have is real estate market value appeal for the year 2027.

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That is the form that I attach.

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I could supplement that if my client has the ears mentioned by counsel but he

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recently purchased the property we're gonna still hold it we're gonna hold it

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we're gonna we're gonna give it a date at all we're gonna give it a date right

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now of August 5th and I just sorry this is Hillary Emerson just in terms of the

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If you appealed the 23 to 25 taxes, you still would need to pay something to be in compliance while the appeal was pending.

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So we need something from either, I mean, something from the revenue department that indicates while your appeal is pending that you are in compliance.

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So for right now, it shows that you are not in compliance, it's in collections.

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It doesn't show an appeal.

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Okay.

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Okay. So why don't we, uh, um, questions or comments from the virtual audience?

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Okay, so why don't we, questions or comments.

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No hands at this time, chair.

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Are you relative to this case? Okay, sure. Come on up.

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good morning sir could you please state your name and spell for the stenographer

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well does that mic one

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thank you please state your name michelle andrea ward is spelled m-i-c-h-a-e-l-a-n-d-r-e

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last name is ward w-a-r-d do you swear or affirm to tell the truth the whole truth nothing but the

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truth yes your honor and your neighbor yes please proceed with your testimony yes i live at 1830

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mcclellan street and i was uh against the request of the um james de simone okay i have uh testimony

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and about signatures from my neighbors who were also against uh this particular case

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the reason my concerns is when they had demolished this house in 2020 it had damaged my house

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so when he goes to build a structure I'm really concerned about I would like the

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variance still to be there whereas it fits because of just safety issues in regards to

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the property itself also the property of 1828 mcclellan street has a tree that's growing in the

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back on the property that's protruding into my yard which i'm really concerned about if they're

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doing construction that's going to also damage the property next door all right so you're against

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this because you're concerned yes during the process it could hurt your property yes a lot

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my neighbors also have signed um they live up the street council do you have any questions

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no i don't have any questions thank you so much for all right thank you we appreciate your time

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anyone else in the virtual audience can i ask a clarification question um so so the current

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property uh uh is going to be demolished no i believe that the city took down the property my

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client brought bought a lot yes yeah okay all right thank you planning commission

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oh we already testified but do you want me to for me i think we already have testimony but do you

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want me to re no okay you're staying with that past testimony okay so um we're going to continue

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is to august 5th at 9 30 a.m um hillary it's closed am i correct

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that's just the vote okay so well just for the vote okay all right thank you very much council

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thank you have a good day okay um

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ian uh we're we're really ahead of schedule um do we know if uh

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the other council is coming or she's going to be on the, because we're about right now, we're about the 40 minutes ahead of schedule.

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She's going to be online? Okay, good. All right.

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Okay, MI 2024-006-832-4283 Viola Street.

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We have two counsels here, Meredith Verliger and Steve Masters.

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While we're waiting for Meredith to go on, Steve, could you please state your name and spell for the scenario?

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good morning mr chair members of the board steve masters s-t-e-v-m-a-s-t-e-r-s

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do hi mr masters could you identify your client or relationship to the properties

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my client is the viola street neighbors association we are the objectors yep meredith

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good morning good morning could you please state your name and spell for the stenographer

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Good morning. Good morning.

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Could you please state your name and spell for the stenographer?

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meredith ferliger f-e-r-l-e-g-e-r do you swear or affirm to tell the truth the whole truth nothing

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but the truth yes i do could you identify your client in a relationship to the property

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sure my client is haverford square viola llc which is the owner of the property okay all right so

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So, we have a schedule here, and we ended with you, Steve, if I'm correct, and I think

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the last time you talked about was your case would take 30 to 45 minutes.

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Okay.

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That's what you said.

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All right.

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That sounds possible.

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But, Meredith, I understand you want to have a response to transcripts now?

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is that right well mr chair i i still have more of the transcript to go through we didn't finish

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the entire transcript i think hold on one minute okay mr chairman i had made my objection during

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the last hearing about mr master's introduction the board had overruled that objection okay i of

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course will have my client come back on for some redirect in response okay all right so why don't

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do this why don't we we'll go right with steve is that okay yep steve why don't you start your case

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okay i think i need to be promoted to panel

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yeah we tried to be but there's but there's a few more that i needed to put onto the record

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yeah how how much and this is all part of your 30 to 40 minutes yes okay i don't i don't remember

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that but uh i thought yeah because i i well all right let's let's get to it how many transcripts

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do you have to go over uh let me get it up here

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okay it is page 175

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so members of the board and and the new member welcome uh

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were you i i'm assuming you're you had a chance to to listen to the to the she has not done that

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yet she hasn't she will be here she's here to uh uh experience the whole oh great okay all right

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she'll start tomorrow okay um we we ended um our the uh the recitation of the of the transcript

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last time um around page 175 um this was uh questions from neighbor neva white um and she

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was trying to get at um what kind of background check mr yakubov was going to be performing at

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at this location and what would prevent an individual

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from being able to rent the property?

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And Mr. Yakubov said, it's case by case.

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And then Neva said, well, give me an example,

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at least two cases that you would not rent to

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based on a background check.

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And Mr. Yakubov said, it depends on violent crimes

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that may be and how recent those crimes

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may have been committed and the circumstances

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behind those crimes that may have been committed.

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You know, nobody's perfect.

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Then Neva said, what's the next violent crime?

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So if they've been convicted and served their time

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and they've committed a violent crime,

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you would not rent to them.

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And Mr. Yakubov said, that's not what I said.

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And so Neva said, tell me what you're saying.

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Be clear, sure.

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And Yakubov said, well, it's not a clear,

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it's nothing's clear in life, right?

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So in this instance, everybody's case is different.

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So if somebody got out of jail yesterday,

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right for killing someone I'd want to know what happened right and and if it I

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if I'm okay with that then they could live in my building okay it varies so

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it's a case-by-case and Neva said can you at least give us two examples of two

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individuals that would not be able to that would not be rented to based on

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their background check that's the question I'm asking and German said oh

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I'm not sure would have to be a case-by-case basis I don't know I can't think of every single

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and Neva said give me one example of an individual you would not rent to that's what you're saying

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here today on the record that you can't give us an example of one person that you would not rent

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to based on their background and Yakubov said check that's and then Meredith said correct with

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all due respect there are very specific requirements under the Philadelphia code under the state law and

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there are very specific requirements under the philadelphia code under the state law and federal

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federal law in terms of who

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law in terms of who he can and who he cannot rent to so um and then neva said can you give us an

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example of one person you would not and um and then it appears to be german saying i don't know

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i would treat everybody and neva says am i able to ask your attorney and german said um is not

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the one that's going to be able to to live there or let them live there or not so i think that if

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somebody walks in and then somebody might deny them i might approve it maybe because i like them

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so it varies so it's somebody that i have to end up managing and i have to make sure that they'll

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be able to pay their rent and that you know that they wouldn't damage the property or anything

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okay case by case so neva says so just be clear you you determine who rents you solely determine

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who would be able to rent and you would call it in that place you would be the person who would

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be making that decision and German said it wouldn't be a room it would be a bed and yes

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so how when you start I said it how much is they think you'll be reading

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it's it's almost done okay yeah all right thank you so then Kia asked to reduce recidivism is it

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to give people who are coming out of jail a place to live because they need to have you you you can't

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if they come out with the ankle bracelet they have to have a room and a place to live and this helps

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people from recommitting crimes i mean there there's some research there and germans said yeah

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it's not i mean if that's somebody that can afford the rent then they are more than welcome

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to stay at my place but it's not who we're targeting and not targeting them and then sandy

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carter said what's to say you won't have conflicts when people want to wash their clothes when they

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want to wash it but the washers are all tied up and they're going to walk they don't want to fight

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over the washing their clothes and the same thing with the kitchen suppose they want to cook at a

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certain time how do you resolve these problems resolution conflict resolution is something

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that definitely should be given to us about this property because it's ludicrous it makes no sense

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And Germans said, no, I don't think that,

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and then, I'm sorry, there's then Andrew Goodman

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from Jamie Gaudier's office said,

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what about rental subsidies and vouchers?

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Will this building involve Section 8

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and other government subsidies?

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And Germans said, no, I don't think Section 8 provides,

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I could be wrong, but I don't think they provide

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subsidies for group living.

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And...

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then joy smith said do you have any other group living buildings that you manage and

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if so what the what's the volume do you have any volume of incidents and if so what is

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the general makeup of that tendency do you have any other group living buildings that

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you manage and german said we haven't managed the group living building in about six or

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seven years but up until that time we had a lot of student housing which was effectively

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group living. We had eight buildings next to each other on Haverford Avenue that had seven bedrooms

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each that had about 56 people collectively and we've been managed on a regular basis for many

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years. And then Jeffrey Cruz from the New Presbyterian Church said, I'm concerned about

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