Is Airbnb legal in San Francisco?

San Francisco's short-term rental regulations are comprehensive and aim to balance the interests of the local community with those using platforms like Airbnb. The core elements of these regulations include:

1. Registration and Eligibility: All hosts must register their property and obtain both a Business Registration Certificate and a Short-Term Rental Registration Certificate. The property must be the host's primary residence, where they live at least 275 nights per year.

2. Rental Restrictions:

   • Hosted rentals (where the host is present) are not limited by nights.
   • Un-hosted rentals (where the host is absent) are capped at 90 nights per year.

3. Insurance Requirements: Hosts must carry at least $500,000 in liability insurance, although hosting platforms often provide this coverage.

4. Occupancy and Use: Short-term rentals are only allowed in units not classified for affordable housing or certain other specified housing types. Multi-unit buildings and specific zoned areas have additional regulations.

5. Taxation: Hosts must collect a 14% Transient Occupancy Tax (TOT) from guests. Airbnb automatically handles this if all hosting is done via their platform, relieving hosts from separately submitting TOT filings.

6. Compliance and Enforcement: The Office of Short-Term Rentals oversees compliance, requiring hosts to submit quarterly reports and maintain records for at least two years. Fines for non-compliance can reach $484 per day of violation.

7. Prohibited Spaces: Certain areas and unit types, such as Below-Market-Rate units and Single-Room Occupancies, are entirely excluded from being used as short-term rentals.

The city's regulations are designed to protect the housing market and community integrity while still allowing homeowners to engage with the short-term rental market under clearly defined conditions. Regular updates and host advocacy continue to influence these rules to balance the needs of all stakeholders involved.