7 Sumner Rd.

Harvard officials yesterday asked the city for permission to evict the two tenants still living at 7 Sumner Rd., an apartment building the University has slated for conversion to office space for the Graduate School of Design (GSD).

University lawyers, who won city permission in December to convert the building, told a Rent Board hearing examiner yesterday that two tenants--Sherwin Cooper and Carol Nelson--remain in the building. Harvard had asked them to leave by February 1.

Rent Board hearing examiner Penn Moulton, who heard the case, said she would probably present her recommendation today. The full board, which must grant the eviction permits, could consider the case as early as March 11, she added.

Cooper and Nelson were unavailable for comment yesterday, but Moulton said they made two basic arguments at yesterday morning's hearing: that there were violations of health and safety codes in the apartments, and that Harvard had failed to relocate them to new housing.

Moulton, who refused to comment on what her recommendation would be, called the code violation charge "not a relevant response," and added that Harvard's failure to find new housing for the displaced tenants was "not a regularly cognizable defense."

Harvard had repeatedly attempted to find new apartments for the two tenants, Sally Zeckhauser, president of Harvard Real Estate, said yesterday. "Sometimes that is not an easy thing to do," she added.

Zeckhauser said the decision to apply for eviction permits was "in line with what the system can do. We're simply following the normal procedure," she added.

Harvard's two-year battle to convert the apartment building to office space became a symbol of conflict between the University and the surrounding community. Many tenants' rights activists criticized the Rent Board when it finally gave Harvard the go-ahead to change the building in December.