two unit building in SF - hosted vs/ unhosted

[Fernanda843]

Hello! 

I own and reside in a 2 unit building in san francisco. It has two street numbers and separate entrances, however is legally a single unit (not a TIC or condo, single mortgage/utilities/insurance, sole proprietorship). 

If I rented the second unit on Airbnb, would it be considered hosted or unhosted (assuming I am living there full time, in the adjacent unit). 

Would this change if the rented unit was an in law unit? (separate entrance but not separate address?) 

Thank you!
Fernanda

[Lorna170]

@Fernanda843   I think that you can choose how to post the second unit.  As you are next door, it can be hosted if you are willing to be "on call" to greet and assist guests.  If you want to be hands-off and not available except for emergencies, post it as a unhosted rental.  

[Fernanda843]

I am wondering moreso for the SF regulations limited unhosted rentals to 90 days a year.

[Frank---Teresa---Vivienne0]

@Fernanda843 Hi there, did you find any more clarity on your ability to do Airbnb on a hosted basis in your situation?  asking as I am in a similar situation and also trying to figure this out.  My thinking is to keep a room in the rental unit for your own use in which case, this will qualify as a hosted property.  Curious about what you have found and your thoughts on this.  Thanks, Teresa

[Fernanda843]

clarification - asking for unhosted/hosted categorization per SF short term rental limits, not Airbnb categorization! thank you! 

[Ute42]

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@Fernanda843  

I did take a brief look at the San Francisco STR ordinance. There is a section entitled:

SEC. 41A.4. DEFINITIONS.

I didn't find the terms hosted/unhosted under these definitions though.

Then I did a software search throughout the entire document and these 2 terms didn't show up either.

Where did You find the terms hosted/unhosted in correlation with Short Term Renting in San Francisco?

[Fernanda843]

Thank you @Ute42 

On the guide available for download here (https://businessportal.sfgov.org/start/starter-kits/short-term-rental) it says the following: 

When you are home overnight at the same time as your guests, there is no limit on the number of rentals per year. This is called a “hosted rental”.  When you are not home overnight at the same time as your guests, there is a 90-day limit on the number of rentals per year. This is called an “un-hosted rental”.

^^ What I am struggling is if "being home" is considered being in the adjacent apartment - given they are legally one entity. SF is quite unique in that a lot of 2 unit building are sold as a whole and would actually need to be converted into condominiums to legally be considered separate units. 

[Abrasha-and-Maria0]

No. They are legally not one entity. They are two entities, because you mentioned that both apartments have a house number, i.o.w. a street address. They just happen to be under the same roof. This is not an unusual situation in San Francisco.

The fact that you own both units, have one mortgage and is not a TIC does not matter as far as the Department of Short Term Rental is concerned.

Your situation only allows for unhosted rentals, unless you can convince the city department that you live in the apartment you want to rent, and that you will be present in that apartment when you have a guest. 

[Ute42]

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@Fernanda843  

Interesting, this wording is not in the actual ordinance.

I found this in SEC. 41A.4. DEFINITIONS. which may be of interest for You:

• Interested Party.
  
  A Permanent Resident of the building in which the Tourist or Transient Use is alleged to occur, any homeowner association associated with the Residential Unit in which the Tourist or Transient Use is alleged to occur, the Owner of the Residential Unit in which the Tourist or Transient Use is alleged to occur, a Permanent Resident or Owner of a property within 100 feet of the property containing the Residential Unit in which the Tourist or Transient Use is alleged to occur, the City and County of San Francisco, or any non-profit organization exempt from taxation pursuant to Title 26, Section 501 of the United States Code, which has the preservation or improvement of housing as a stated purpose in its articles of incorporation or bylaws.

https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-27937

I think „being home“ cannot be interpreted as having to stay at home from 8pm to 6am every night. You must be ok to go out for dinner or for a movie. My suggestion would be to get advise from someone knowledgable with such details. These may be attorneys that can be found through SF-Homesharing clubs. Don't make the mistake to submit STR application papers to the city that later cannot be reversed.

[Abrasha-and-Maria0]

@Ute42  you are in Germany. Checking the Airbnb site for short term rental rules in San Francisco is not very helpful. Pretty much every single community in the USA, and the world really has its own rules.

Everything people need to know about the rules regarding short term rental in San Francisco can be found here.

https://businessportal.sfgov.org/start/starter-kits/short-term-rental

[Ute42]

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@Abrasha-and-Maria0 

Your remark is discriminatory. You are discriminating against me bc I'm German.

@Stephanie 

[Abrasha-and-Maria0]

@Ute42 discriminatory because you are German? Interesting.

I admit I made a mistake posting that you got your info from Airbnb. I knew it was from a legal tome.

That does not change the fact that the information you supplied has nothing to do with the San Francisco rules regarding short term rentals. You quoted from "Residential Unit Conversion and Demolition" section "Definitions", paragraph "Interested Party". It says nothing about hosted vs unhosted short term rentals.

You may want to read SEC. 41A.3.  FINDINGS. on that same page. Maybe then you will understand that the entire article is actually about trying to preserve housing in San Francisco so housing stock is not lost to the tourist industry and to "protect ... limited housing resources." 

[Ute42]

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@Abrasha-and-Maria0 

While I appreciate that You have replied, I think it makes no sense to dig into this any deeper.

[Mar125]

@Abrasha-and-Maria0 

I personally don’t think An europe host has any idea of the ridiculousness of SF ordinances, and your post didn’t read discrimination to me. 

It sounds to me the post is for a non conforming use, which is allowed for historical buildings /older buildings in a single family zone. 

@Fernanda843 

Non conforming use can be evoked if there’s new condition that differed it’s current use continuation. I CERTAINLY don’t want to lose that legal non conforming status by doing str in a single family zone.

Tell me if i guess wrong.

[Sarah977]

@Abrasha-and-Maria0  The info that Ute linked to is not from the Airbnb site. Why did you assume it was? Did you even read it, or just decide that because she lives in Germany she doesn't know how to do proper research?