tv [untitled] August 14, 2014 8:00am-8:31am PDT
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personally stories we've heard today all ring true to say as they've changed people's lives to be able to live here i'm very open to finding ways to bring that in an acceptable code but noted at the expenses of anything to the this moment and not regulated land use we all have to find a way to be acceptable how it can with tracked and the taxes and everything that was said which was said rings true with me should stand on its own i'm not going to restate the pro or consciousness but add a couple more questions for your consideration. as i said home sharing for me is like a cottage industry. for your information and for
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those speakers who bought hoeltsz a large number of categories that go into the lodging and rental housing is not as much rental of rooms but having what's referred to as a zone this is a bed-and-breakfast we might consider to meet the larger needs in neighborhoods if the restrictions are one hundred and 80 days and not, if you will, with what people are experiencing diversities of the neighborhood and how they want to host the neighborhood with visitor in town it could tie w in with we're talking about. i asked president chiu is the following. to my understanding rh1 is a very good category for
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short-term rental housing particularly when it's similar to what we're heard today when it comes to multi unit buildings to protect others in the building or building there needs to be added language to what the in-law units where the promoted legislation if trumpet my bylaws of hoa or a subsection such balboa park this is the unit owner is less libel to run into a conflict with other unit owners in a subsection in hoa and cc&rs prevents or limits the use of units for short term rentals. every unit indeed is tenant occupied rather than owner occupied it would be a benton
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that the register is one that first requires the owner to be notified and the tenant gets permission with mature agreement move forward including removing together of what additional you insurance would need to be in place. i ask the supervisor to specifically shed more light on the condominiums that are governed under a completely different certificate laws that creates unusual requirements in terms of condominium owners own as owners and what the own in association with each other. for them different insurance terms applies to the unit itself so rental in those units is complicated in not enforceable i've called my insurance company
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telling me me i was trying to do it and they said no way. i was insured with hoa that is a large and reputable they don't have a model they spoke to the national industry and started to discuss it would be a way to consider it. i ask the supervisor to please further provide answers because we don't all of a sudden shift to one insurance company that might take on the burn in this particular setting. the other questioning question i raised it hotel rooms stipulate maximum occupancy the hotel rooms have existing diagrams and hotel rooms post costs per day,
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etc. if a unit is rented under similar terms as a hotel what particular part of the code could kick in when it comes to live safety and existing requirements and fire insurance, the presence even if carbon monoxide and smoke dethe courses within the room there's a discussion with dbi the fire department, the public health department to give minimal guidance to what's required in addition in a hotel it's pretty clear in terms of house rules in the resolving rental situation i think some very basic instructions to house rules so how they apply many europeans
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have not seen this the transfer of the noise in construction is phenomenal most people are innocent about it but they need to have having be other rules by which tlshgs there's no impact on others those are some of the basic structural issues. the question i asked the supervisor is there a path for example, excuse me. the impact of rental in a 10 unit building is different than the impact of a rental in a 2 unit building is there a cap of how many units in a larger building sore could be rented at anytime the same thing for a neighborhood like 60 are 70 percent of the houses at the
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same time have vacation rentals what impact did the feeling of the neighborhood. those are questions perhaps i'd like to have us to discuss what that means. and the last thing is i talked about insurance. and enforce ability i think that the administration need to create a dedicated funding the number and minimal additional staff and we need to figure out as to whether or not some aspects of what needs to be monitored the joining of dbi and planning staff and the mechanisms of funding need to be clearly explained because it's not just the full-time salary of staff but also basically, the workload, etc. etc.
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>> commissioner sugaya. >> wow. 5 hours a lot of people have left. i'm cynical about the whole thing and i'll catch that when i start talking there are there any b and b reps in the audience no one from those companies came and testified so far as i know at least they didn't identify themselves to be identified with quote those platforms instead, they sent and organized people here to testify before us on their personal experiences which is fine. a lot of heartfelt stories and everything but it seems like that is the kind of business model they want to use to remain
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in the background and push people to the front and not take responsibility for their actions. it's a kin cool business model maybe it's a disruptive our i like them if they disrupt computers and disrupt entertainment companies and finance world i kind of like it if they disrupt fox news that's just me. short term rentals have been around forever they're not allowed under the code but they've been around and people have testified they've rented out ramps and houses for short time purposes and there hasn't been a big to do about enforcement but the disrupter
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has shoved it into the city's face and essence enhancing the ability to break the law that's why we're here today. i also think that supervisor chiu has done a tremendous amount of work and the planning staff i think there are things that are missing especially in terms of the kind of information wife been given to try to make some sense of the current situation. most of what we've been told about the situation a anecdotal a lot of personal stories today and lots of e-mail communications might be the motive amount of e-mail i've received since on the commission
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before both sides but none of that has told me much in terms of hard data collection. we have overall numbers but not where the wrenlz are concentrated it would be nice to have a heat map we had one earlier with respect to the building department but the office communication no demographics on the people and what kinds of length of stay and what types of units and what is economic impact is i think will then well, this don't me glossono good now. all right. and i think the economic impact
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argument leads to a sequa argument we're going to have a problem if we rezone the cities unit to allow for commercial that leads to issues even if parking someone mentioned parking there's lots of cars on the street so why isn't parking considered in the environmental impact in the city does it put an extra burden on transit all their guests take transit i assume all that feels take into consideration by the environmental staff but i don't know the answer to that i don't have the information about it. some of the specific other issues which i transmitted to supervisor chiu. have to do with ada concerns that was voiced toy and the
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ability to especially in multiple family buildings the public existing and the fire protection we don't know if my of the poem have smoke dethe courses in their units. whether or not existing is posted ever the kinds of things hotels have to have. the other question if the legislation is passed and the residential unit is being asked the residential unit becomes registered to be able to have the accessory use of whatever how does the building department determine if their using the residential or commercial code. are there's a question between planning and building and the
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codes that exists with respect to my inspectors that are done in non-are commercial buildings. i think that the big issue one of the big issues is enforcement. i think or i think it's a huge question how to enforced in particular approach the department is not equipped to handle it i think the department enforcement is fully booked if we believe what the staff report says the city of boston has that time people doing enforcements on 3 full-time rentals and in this city it's going to be, more than that one person per quadrant and one supervisor i don't know but on top of my kind
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of registration fee there's got to be an enforcement fee to support the staffer within the department to be able to enforce the ordinance itself. also i won't go into the insurance thing but let's see. commissioner moore and i were on the same wave length in terms of the number of rental units within a building she reiterated or said there's a tremendous difference between remedies, you know, 2 to 5 unit building and maybe a 10 to 20 like my condo has is a hundred and 80 units if we allowed 20 percent that's 36 unions in that one particular building alone. and i live in doubt so i haven't done a survey according to this
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there's nobody wrent anything out in my neighborhood i can't believe that. and one small thing i think that the person who is renting out the unit needs to have a handout or posting that tells the person that's arriving all the rex that apply to that particular unit and the rermg and the number, you know, any kind of existing and rules and regulations that might apply so those are some of my comments. i kind of like the idea that supervisor chiu i don't know exactly all of the meetings you've had throughout the community and with the various shareholders and the interested parties and the apartment
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successors and everything else there was a suggestion from someone i think from the apartment association that there might be a consideration for a task force that's going on in new orleans at this moment that might be someone else or something else to consider and might take some of the burden off the commission in the future. i don't know, you might have done enough of that work you feel that might be another way to go in the months >> commissioner antonini. >> i think one the biggest remaining issues between the staff and supervisor chiu's protective is the period of time in which the sub let would be allowed we have to do we have to make a distinction within an
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individual who may want to an their own lease out a room within their residence which they owned and that maybe a situation they have to go through the conditional use for the bed-and-breakfast or the other situation the vast majority would go through the recognized platform actually pay the fees digital and the platform will be responsible you'll have an easier time to police the whole thing they're responsible for making sure that not only the fees are paid but as far as hosted or non-hosted and staff could do checks to make sure their accurate and if they're posting a situation their hosted and not hosted they're going to get fined i'll
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be in favor of sxhooufz legislation lowering the larger number of days particularly if their hosted everything else satisfied as far as cc&rs and the hoa's but i think that you've got to have the hammer you're going to use is on the platform they have the deep pocket and they're responsible. i wanted to ask president chiu a question if i may if you could come up to the mvp given what we've discussed toy looks like we're going to have a continuance if that's okay with you for a period of thirty or 60 days how long do you think it will take for you to work with staff and compile the things you've heard to be able to come back and we'll be in a position to pass a version
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>> first of all, thank you all for your patience and i've start my comments thank you for your endurance i was going to ask director ram if i can order pizza for you. if that falls under our ethnics guidelines i've sat in your seats well into the night i know it's harder to make decisions when you've been sitting for a longed. i do hope if it was possible for you to make a distonight i'd prefer that this legislation i'm sure you're aware of has been with the planning commission foreclose to 4 months i'd like to move this forward in board of supervisors in september i'd like to ask if you can't make a decision tone i'm happy for you to try but consider this at our
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next meeting and, of course, i'm happy to work with you and i hate to be the bearer of bad news but we'd asked the home sharing community to limit the numbers so what you saw was not the hundreds of folks i have the feeling the longer than this drags anti people will want to weigh in letting me coming comment on a couple of items thank you aaron and your staff director ram you've vest a couple of issues we've appreciated and push our b and by and large i think half of the elements are ones i'm happy to support specifically around the planning department being the agency to move forward to grant
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the certification authority to the planning department around the enforcement and increase the penalties for the aviators and have the opening posting inform require the registration numbers those are good and appropriate numbers and frankly the enforcement measures were the hard irrelevant to push 0 through so very much want to say that and that on other issues i'm open to different and creative ideas i'd like to say to take a moment and go through a couple of things. first of all, i appreciate commissioner sugaya comment on the lack of dating data on platforms. i think part of the reason we don't have we haven't passed laws that governor the online holocaust programs once question start doing this we'll have a
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sense of how much it's happening so we have a catch-22 we want those numbers but until we have the legal authority i think the faster we're able to move the legislation we have a sense around regulation part of why i was into opposed to a ballot measure approach if we had one approach i'm sure you're aware of if we reserve the decisions we'll have to go back want to ballot as we learn we can continue to adapt on the resources i'm a big believer the departments have the resources to enforce the fact of the matter once we start collecting taxes those are millions of so you director ram and can have
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the authority and whether the condominium conversion reform or the legalization of nvments we move forward and figure out how to set up the staff so properly implement those laws i have no double with the monies we'll see we can do that relatively easy. let me talk about some of the issues there recent questions of the legal outlet thank you kate establishing from my prospective the legal ambiguities they're simply involving areas we don't have answers because the market may not exist you'll for example, around insurance it's important to many parties particularly the apartment and landlord and owner community that if someone engage there
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ought to be insurance let me note the uber situation if a 6-year-old pedestrian gets killed by a car in the tenderloin we've estimated probably one hundred thousand incidents and have to the heard any really horrible stories and in part donates because those platforms you've heard through public comment theirs if you're a holster e.r. guest and if you've been bad everyone in the rest of the world that's and i a disincentive inform bad behavior i was happy to put in a requirement around insurance let me address that there right away there are products whether it's homeowner of other insurance or insurance company that have the
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short term rental activity i know there's a market to fill the niche the issue is not whether or not it's legal but when it is going to come online as a matter of fact until those shiners exists director ram doesn't have to have anyone to enlist that's the appropriate check and balance to make sure dollars adequate insurance it's about the market when it adapts. the passage of this legislation alone will force this commitment. around the topic of landlord permission let me say i want to be very clear our legislation has been missed interpret by many it didn't impact the landlord/tenant leases we were
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asked by both sides in many of the conversations beforehand to put in clauses to i think or either on the one hand the tenant community wanted to override the decision as we know the reality i'll say this because i've had many conversations around this month leases and hoa contracts already address the core of the issue many of the form leases have already sub letting provisions that dedicate those rules 40 so for the vast yortd or majority our city doesn't interfere with contract there's a feeling we might have another idea there's conversation about requirement not necessarily around landlord
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permission but landlord permission it says i need to notify your landlord so landlord permission is a major thump on a scale on the one side i'll open to a conversation around this i want to provide a different idea there's also been conversation b around certain types of housing and a suggestion we should exude sro's e.r. ellis act or subsidize units let me say a few things one i'm absolutely the core tenant as i said 5 hours ago what around the preservation the last thing i want to do it can only implies that the sro's
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or the ellis act but i want to caution is that against a blanket approach that somehow says that housing is less expensive those individuals shouldn't have the affordability to live in san francisco you're saying that folks in matthews housing should be able to do that but fur if you're a working family and time to go away your somehow packing taking the right or opportunity i have a alters caution around that one other thing i'll mention around complimenting in-law unit it if american people in-law unit is not legal no one small business living there if it's legal it becomes a second dwelling unit so i think you'd treat that as you would on apartment that is
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not an in-law unit so i hope you'll think about that i'll close with a couple other comments around building and fire safety and i'm open to the idea that if there's a unit seeking permission they shouldn't have outstanding or fire issues that's a way to address that. and then let me just close by saying again, thank you for grappling with this and my staff has been grappleing with for the better part of two years we've brought or tried to bring stakeholders together unfortunately, there's a number of parties that don't want to sit down so i wanted to create the right balance i appreciate the conversationro
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