Complaints and Enforcement

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I believe my neighbor is illegally operating a short-tern rental, how can I file a complaint?

Before you file a complaint, please note that a legally operated short-term rental will:

  • Have an Office of Short-Term Rental (OSTR)-issued registration number or a pending application on file with the OSTR.
  • Have a San Francisco Office of the Treasurer and Tax Collector-issued business registration number
  • Have its operator live in the Residential Unit for at least 275 nights in a calendar year
  • Not conduct more than 90-nights of un-hosted guest stays in a calendar year

If you believe any of this is not occurring, please read the Filing a Complaint section below.

My neighbor is operating a short-term rental but does not live in the unit. I only see short-term rentals guests coming in and out. Is this legal?

No. A short-term rental operator must be the Permanent Resident of the Residential Unit they offer for short-term rental. They must live in their Residential Unit for at least 275 nights in a calendar year and cannot conduct more than 90-nights of un-hosted guest stays in a calendar year.  

Please read the Filing a Complaint section below to file a complaint with the OSTR.

My neighbor’s short-term rental is excessively loud, they are throwing a party. Can I file a complaint?

Yes.  Short-term rentals must be operated in a way that respects neighbor’s rights to quiet enjoyment of their property.

For excessive noise or parties, call the San Francisco Police Department non-emergency line at (415) 553-0123.

If suspect your neighbor is using AirBnB to facilitate guest stays, you may reach out to their neighborhood support team or request a call back to discuss the issue.

Please read the Filing a Complaint section below to file a complaint with the OSTR.

My neighbor is operating a short-term rental but lives in affordable housing. Is this legal?

No. If a short-term rental is occurring at a deed-restricted affordable housing property, or at a below-market-rate (BMR) unit, this is a violation of the City’ Short-Term Rental regulations. This may also be subject to separate review by Planning Department Code Enforcement and the Mayor's Office of Housing.

Please read the Filing a Complaint section below to file a complaint with the OSTR.
 

Filing a complaint

If you believe a property is operating illegally, you may file a complaint by contacting us.

You may also download a complaint form and send it to us via email or USPS.

After we receive your complaint we will investigate, which may take several weeks.

When filing the complaint, please provide the following information:
  • Address of possible violation, including unit number (if known) or floor number
  • Dates and descriptions of activity observed
  • Any other relevant details that may be available, like the name of the possible host, or links to possible online listings, etc.

You may file this complaint anonymously if you wish, although it is helpful for our staff to have your contact information available so that we can follow up with you if needed. If you request to file your complaint anonymously, your contact information will be kept in a separate confidential file (please note that complaint information may still be subject to subpoena by a court). You may also leave a complaint by voicemail.

Please note that monthly rentals (rentals and stays of at least 30 days or more, per guest/reservation), are not considered short-term rentals, and are not subject to review by the Office of Short-Term Rentals. So, if for example a property is being advertised on a hosting platform (website), but all rentals require a 30-day minimum stay, that would not be a short-term rental issue.

However, if there is an overcrowding issue (e.g. six or more separate renters at the same time in a given home), in both short-term (or longer rentals) that issue may still be subject to separate Planning Department Code Enforcement, as a Group Housing issue.

Lastly, if short-term or monthly (for example) rentals are occurring at a deed-restricted affordable housing property, or at a below-market-rate (BMR) unit, that may be subject to separate review by Planning Department Code Enforcement and the Mayor's Office of Housing.

Spanish Translation: Si tiene alguna inquietud sobre un alquiler ilegal a corto plazo y desea presentar una queja de forma anónima, puede dejar un mensaje de voz al 628.652.7599.
Tenga en cuenta que los alquileres a corto plazo se definen como alquileres pagados para estancias de huéspedes de menos de 30 días por visita.
Asegúrese de indicar la dirección del hogar y el tipo de actividad que usted o sus vecinos han notado.

Chinese Translation: 如果您擔心非法短期租賃,並且您希望匿名提交投訴,您可以致電 628.652.7599 發送語音郵件。
請注意,短期租賃定義為每次訪問少於30天的客人入住的有償租賃。
請務必註明家庭住址以及您或您的鄰居注意到的活動類型。

Tagalog Translation: Kung may inaalala kayo tungkol sa hindi legal na paupahang short-term o pangmaiksing panahon at gusto ninyong mag-file ng reklamo nang hindi nagbibigay ng pangalan, puwede kayong mag-iwan ng voicemail sa 628.652.7599.
Pakitandaan na binibigyang depinisyon ang paupahang short-term bilang may bayad na paupahan para sa pagtigil ng mga bisita, kung saan hindi lalampas nang 30 araw kada pagbisita.
Pakitiyak na mailagay ang address ng bahay, at ang uri ng gawain na napansin ninyo ng inyong mga kapitbahay.
Kung puwede, pakisabi sa amin kung kailan ninyo pinaniniwalaan na unang nagsimula ang gawain ng pagpapaupa, kung sino ang nagpapatakbo ng paupahan, kung aling bahagi ng ari-arian ang ginagamit, at kung ilang umuupa ang tumitigil sa ari-arian kada takdang panahon ng pagpapaupa.

Fines and penalties for illegal short-term rental hosting

Violations of the City’s short-term rental laws are subject to penalties of at least $484 per day for each dwelling unit in violation. These daily penalties begin on the day that a Notice of Violation is issued by the Office of Short-Term Rentals, and continue to accrue until the violation is fully abated (the short-term rental activity ceases). Repeat violations may be subject to escalated penalties ($968, per day, per dwelling unit, for a 2nd violation) and referral to the City’s Attorney’s Office for additional civil and/or criminal penalties.

San Francisco City Attorney's Office pursues $5.5 million penalty from scofflaw owners over illegal Airbnb rentals – read more here.

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