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

[Kia272]

@Abrasha-and-Maria0  

@Ute42 is simply trying to help the OP. With this new-fangled Interweb thingie, it kinda doesn't matter where one is in the world, because you can access information from all over the world! 

Have you heard of it? This Internet thing? It means that @Ute42 can be in Germany and she can actually access the San Francisco STR ordinance and see it for real! 

Personally, I think she was very kind and helpful. Apparently you don't. And I think she was one step ahead of you in her search and conclusion. Just sayin'. 

[Laura2592]

@Fernanda843 I think your best bet is to google STR rules in the city of San Francisco, or start a thread with a title asking current SF hosts for advice. From what I know of SF, its one of the most heavily regulated STR markets in the US. I am sure you probably need approval from the city and a license, and may need approval from neighbors, but I am certainly no expert. Maybe a current Bay Area host will chime in?

[Abrasha-and-Maria0]

According to the rules established by the San Francisco Department of Short-Term Rentals "unhosted" only. You have two different street numbers, i.e. two separate legal addresses. You can only rent apartments that you actually live in. The fact that the apartment you want to rent is under the same roof does not matter to the city.

If you can prove to the SF Department of Short-Term Rentals that you actually live in the unit that you want to use for Airbnb (ore any other short term rental service), you can rent it hosted.

Download and read everything, ... and I mean EVERYTHING from this page.
https://businessportal.sfgov.org/start/starter-kits/short-term-rental

[Dale711]

Hi @Fernanda843 

Everything @Abrasha-and-Maria0  said make sense👍 

To be clear and way to understand, read the link all in all.

                                Ps. @Abrasha-and-Maria0  your listing is stunning, lovely.👏

Happy Hosting ✌️

[Sarah977]

@Fernanda843  It seems like a bit of a grey area, but consulting a lawyer is a good idea.

I say a grey area because I think the intent of the ordinance is to eliminate entire homes off-site hosting,

as those are the situations that lead to parties, guests disturbing neighbors, and a steady stream of strangers coming and going, which makes residents uncomfortable. 

The ordinance seems to assume that all strs are either home shares, or these off-site or perhaps even out-of-state host entire house listings.

So your situation is one they haven't accounted for- an entire unit, but with the host living right next door, in the same building, able to keep an eagle eye out for bad activity.

[Anonymous]

@Sarah977  The intent of this ordinance has nothing to do with neighbors. It's about the city's chronic housing shortage. The city is trying to make it less lucrative for landlords to take viable residential housing off the market to convert it into short term accommodation.

@Fernanda843 if the rental unit is viable as residential housing, with its own kitchen and bathroom and entrance, the fact that you live in an adjacent unit does not make any difference. This is an unhosted rental, and after 30 days, a renter in this home is legally considered  by the state of California to be your tenant rather than your housemate. 

[Sarah977]

@Anonymous  Thanks for the correction. I am quite supportive myself of legislation which aims to keep enough affordable housing available for locals. In my town, it's gotten so that people who work here can't afford to rent here, and have to commute from neighboring towns. There are very few homes left here that are priced reasonably for residents.

[Kelly149]

@Fernanda843 go sleep in the second unit when there is a guest and then you're all good!

[Nandan18]

@Fernanda843 did you every figure this out? In a similar situation so looking for some advice.

[Bhumika]

Hi @Nandan18 ,

As you have posted on a relatively older post, I recommend you can share your concern with other Hosts by starting a topic related to your issue. You can do so by clicking here: https://community.withairbnb.com/t5/forums/postpage/choose-node/true?default=manage-listing

Can’t find what you’re searching for? start a conversation

[Mar125]

@Fernanda843 

The city zoning ordinance has this unit as a single family residence so indeed if you are hosting, you could get a violation ticket from the city if city finds out. 

However, the point being is, as long as you keep it to yourself and strictly follow quiet rules (no music, no smoking, no parties), your City will have minimal chance finding out.

So, is it worth the risk to go against city ordinance? 

it’s your call. 

don’t do it if you are not the owner.. cause if you do it, you can be evicted by the landlord.

[Mike-And-Jane0]

@Fernanda843 I would not advise breaking the law/ordinance. If you are unsure of the legality or otherwise than ask the City or take advice from a lawyer expert in the field.