The language for San Francisco Supervisor David Chiu’s proposed law which would lift the outright ban on short-term rentals in San Francisco but establish a new set of rules by which hosts and “Hosting Platforms,” such as Airbnb, would have to adhere or be subject to a penalty of up to $1,000 a day has been drafted and filed.
As expected, the proposed ordinance would allow residents who occupy their unit as a permanent residence for at least 275 days a year to offer it as a short-term rental for the other 90 days, as long as it’s registered with the city, occupancy taxes are paid, and insurance is maintained.
Hosting Platforms would be responsible for notifying hosts as to the applicable restrictions and requirements for registration as well as for collecting and remitting Transient Occupancy Taxes. Failure to provide notice would subject Hosting Platforms to a fine of up to $1,000 a day per violation as well.
The new law wouldn’t apply to single-family homes and would not supersede the terms of an existing lease or homeowners association (i.e., illegally subletting would still be grounds for eviction). In addition, tenants of rent-controlled units which aren’t prohibited from subletting their unit would not be allowed to collect any more money than is being paid to their landlord in rent.