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What is the San Francisco Short-Term Rental Ordinance?
The San Francisco Short-Term Rental Ordinance, officially Chapter 41A of the Administrative Code, establishes the legal framework for short-term rentals within the city. It mandates that hosts must be permanent residents of the unit they are listing and must register with the Office of Short-Term Rentals to obtain a certificate.
This registration number must be included in all online listings. The ordinance is designed to balance the economic benefits of home-sharing with the need to protect the city's long-term housing supply.
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How it works
To operate legally, a host must first prove the property is their primary residence, meaning they live there for at least 275 days a year. Once registered, they receive a Short-Term Residential Rental Registration Certificate number, which must be displayed on every listing platform, such as Airbnb or Vrbo.
The ordinance distinguishes between 'hosted' and 'unhosted' rentals. There is no annual limit on hosted rentals, where the host remains on-site.
However, unhosted rentals, where the entire unit is rented while the host is absent, are capped at 90 nights per calendar year. Hosting platforms are required to cooperate with the city by verifying registration numbers and removing non-compliant listings.
Why it matters
This ordinance fundamentally shapes the short-term rental market in San Francisco, making it one of the most regulated in the United States. It prevents the conversion of residential housing into de facto hotels by prohibiting non-resident and commercial operations.
For property owners, strict adherence is non-negotiable for legal operation and avoiding significant fines. The law directly impacts earning potential by capping unhosted stays and adding a layer of administrative responsibility for hosts.
Examples
- A permanent San Francisco resident lists a spare bedroom in their apartment on Airbnb. Since they live in the apartment during the rental period, this is a 'hosted rental' and has no limit on the number of nights it can be booked per year.
- A homeowner plans a 10-week summer vacation and rents out their entire home on Vrbo. This accounts for 70 of their 90 allowable 'unhosted' rental nights for the year.
- An investor owns a second condo in San Francisco and hopes to use it exclusively as a short-term rental. This is illegal under the ordinance because the unit is not the owner's primary residence.
- A tenant wishes to rent out their room while they are away for a weekend. Before applying for a city registration certificate, they must obtain written permission from their landlord as required by the ordinance.
Frequently asked questions
Do I need to register my short-term rental in San Francisco?+
What is the primary residency requirement for SF short-term rentals?+
How many nights per year can I rent out my property in San Francisco?+
What are the penalties for not complying with the ordinance?+
Related terms
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