San Francisco has strict regulations for short-term rentals (STRs), particularly concerning non-owner-occupied properties. Here are the key rules:
- Primary Residence Requirement: To legally operate a short-term rental, the property must be the host's primary residence. This means the host must live in the unit for at least 275 nights per year. Non-owner-occupied properties are not eligible for STRs, with very few exceptions134.
- Unhosted Rentals: Even for primary residences, unhosted rentals (where the host is not present) are limited to a maximum of 90 nights per year. This restriction aims to prevent residential properties from being converted into full-time vacation rentals13.
- Licensing and Certification: Hosts must obtain a Short-Term Residential Rental Certificate from San Francisco's Office of Short-Term Rentals. This includes submitting proof of residency, liability insurance (minimum $500,000), and paying a $450 application fee15.
- Tax Compliance: Hosts are required to collect and remit a 14% Transient Occupancy Tax (TOT) on their rental income. Platforms like Airbnb often handle this on behalf of hosts13.
- Prohibited Properties: Certain types of units cannot be used for STRs, including:
- Below-Market-Rate (BMR) or public housing units
- Single-Room Occupancy (SRO) units
- Accessory Dwelling Units (ADUs)
- Properties in areas like Treasure Island, Fort Mason, or The Presidio45.
San Francisco enforces these rules rigorously, with penalties for non-compliance including fines and potential revocation of STR certificates13.