two unit building in SF - hosted vs/ unhosted

in
New York, NY
Level 2
656 Views

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

20 Replies

Re: two unit building in SF - hosted vs/ unhosted

in
Swannanoa, NC
Level 10

@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.  

Re: two unit building in SF - hosted vs/ unhosted

in
New York, NY
Level 2

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

Re: two unit building in SF - hosted vs/ unhosted

in
New York, NY
Level 2

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

Re: two unit building in SF - hosted vs/ unhosted

in
Germany
Level 10

.

@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?

 

 

Re: two unit building in SF - hosted vs/ unhosted

in
New York, NY
Level 2

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. 

 

Re: two unit building in SF - hosted vs/ unhosted

in
SF, CA
Level 3

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. 

Re: two unit building in SF - hosted vs/ unhosted

in
Germany
Level 10

.

@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.

 

 

 

 

Re: two unit building in SF - hosted vs/ unhosted

in
SF, CA
Level 3

@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

 

 

Re: two unit building in SF - hosted vs/ unhosted

in
Germany
Level 10

.

@Abrasha-and-Maria0 

 

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

 

@Stephanie 

 

Re: two unit building in SF - hosted vs/ unhosted

in
SF, CA
Level 3

@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." 

Re: two unit building in SF - hosted vs/ unhosted

in
Germany
Level 10

.

@Abrasha-and-Maria0 

 

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

 

Re: two unit building in SF - hosted vs/ unhosted

in
Sayulita, Mexico
Level 10

@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?

Re: two unit building in SF - hosted vs/ unhosted

in
Takoma Park, MD
Level 10

@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'. 

Re: two unit building in SF - hosted vs/ unhosted

in
Frederick, MD
Level 10

@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?

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