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tv   [untitled]    September 15, 2014 3:30pm-4:01pm PDT

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not to insert themselves in the landlord tenant for a variety of reaps we host from tenant to property owners and all sizes and places around the world it's important to stay neutral but specific to the question about notice i know it's important that, you know, for us to make sure that the city isn't inserting provisions into a lease that frankly may require something not required if a tenant for instance, has a home business that otherwise complies with the code to invite their landlord or not to seek their permission to practice law or work as an artist in their home we've certainly heard it from the tenant advocacy community
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which will step into the lease and require some notice of relation not required by the lease. >> the city didn't interpose itself in the landlord tangle so this border ways crossed a long time. >> certainly i can't speak on behalf of the city but our company urges the city not to take action that will have an effect on that relationship. >> thank you supervisor kim. >> i wasn't going to ask about the insurance by it's great to hear that, you know, regardless of university - universe to your company it speaks about the community that's involved in the a. air b and b host if an air b
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and b guest trips and falls and the host is the tenant what would be the recourse for that guest. >> again, a fact specific question understands the policy in place and what activities their authorizes or core it's difficult to make any type guess of what applies not knowing did spevengz but when i become a host on our approach we have a lot of tools that's important to provide our you're to understand their best practices for hosting we have a section in the website in addition to the section about reviewing your lease for instance, or how to discuss those issues with our landlord and talking to our neighbors we point them to tools to make sure very is appropriate insurance as well. insurance i think you're
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here from various people testifying noble is it fact specific understanding whether or not a policy provides coverage but every different situation is different and people, you know, i've heard a variety of other claims or characterizations about the policies not enforced we recollection this is a on and on activity this is on a large-scale we in our company and we are focused to have answers for all of us going forward. >> actually that response makes we nervous (laughter) >> i understand there are multiple situations and air b and b might treat inquires in a different way as a policymaker i want to clear answer so, so if a
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constituent says someone slipped and fell i want to have a clear answer for who is responsible for that incident and for example, for example, if it's a property owner in that type of scenario maybe sued i get it there are so many situations that fall under this umbrella but there should be a clear answer to the question if we regulate this activity which seems like a lot of people i enjoyed my experience with air b and b a lot of people want too active to continue it is positive but we have to regulate it and have clear answers there can't be a thousand circumstances that can happen and a different issue for each
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one. >> i appreciate that we're focused on the air b and b and look forward to continuing the dialog not only with the folks but with the landlords and others in the community. >> my question is on the planning commission recommendation i sporting support it is the elements that any short time rental approach or company doing business in san francisco should provide the days the property is occupied. >> on the platform providing the information on the mroochl. >> if you're registering and given a number with the planning commission you've done everything right on a timely manner maybe quarterly on a 6 months you report the number of nights the property was occupied. >> just to be clear if we're
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talking about the city asking the platforms to volunteerly provide the information about the using name fully understanding i have a number - >> this is recommended by the planning commission that the city would require that any short term rental approach doing business in san francisco will provide the number of nights the property is rented i'm curious about your position. >> sure this is a concern for us for several reasons one no other enforcement in terms of comboorg an internet approach to disclose them without a subpoena to the city. >> i'm going to push back the whole concept is they are innovative they're doing something so, of course, this
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wouldn't have happened we as policymakers are responding to a new industry we've never asked an online approach so, now we're asking. >> i'll take issue with a couple of aspects of the reasoning and most notably we're a significant approach in home sharing but google has been around longer than we have and not the city's practice to hand language beyond the scope it is akin to the city asking home depot.org asking them to send a quarterly list of how many people ordered home supplies so they wouldn't be illegal
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updating it's important to understand in terms of the activity so air b and b handles the transactions between the home sharing and hosts and guest we happen to be the largest in san francisco we're not the only one craigslist has been around and the majority of them are description based they have no way if the enforcement mechanism of the law simply if the platform was shared with the city. >> i'm going to push back this is more akin to the state or federal government asking those online platforms to share the savings that is illegal e legally okay. that be collected this is a question of what's being regulated and what's not the city regulates the products
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then, yes we should be asking online platforms to give us that information. i think what i'm trying to address is the owner yes. i want this activity to continue i agree we want to be able to create a set of standards that air b and b can continue doing what they're doing and make additional income but we have to pass legislation that's enforceable we need to know that people are maintaining the 90 days and one of the best ways to do that ask them if we want to be in on the list that the planning commission recommended we include that you would agree to also give us the night of the registration on a
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quarterly basis. >> again i'll ask how the planning department or commission would like to enforce such a law against all the agencies. >> this is - i completely agree with you if you're on the list or wanting to be on the list of housing platforms we should require the platform to submit this is to the planning department and if you're not you're not on the platform so you wouldn't be able to use the registration number. the question i was trying to get was excuse me. if air b and b would be able to participate in the regulation. >> as most folks who pay attention to the news air b and
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b guards their information but if we're s. we will do so but i appreciate your argument but it will stifle regulation if symmost companies know they were sharing their data helping the federal government enforcing laws on the books this is a other means the city has an existing enforcement structure for land use and the building department enforced permit conditions over and over on conditional use permits regulating the hours of operations of businesses to the number of patrons served by the businesses so the city has been
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tasked with enforcing numerous rules and regulations that are complicated and have a difficult job and talked about the needs and resources but to rely on intersect platforms to open their data to the government in order to help them enforce a number of laws frankly i think a number of people would be concerned about and not necessary and not help the city in the case of home sharing address the activity let's say for the purposes of a hypothetical it was truly obviously obtainable if the city determines this activity on the air b and b platform was not worthwhile while if we step forward to work with the city if they related to us to give data
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they'll mitigate to other platforms if the city want to approach it we're the most significant model that holds the data i'll suggest that many folks in the marketplace you'll see significant mitigation felt undieshl into other mrachldz i want to make is clear you are the only one on the site i'd ask that to other folks i want to say that if a company wants to participate and be a legal hosting platform allowing outline hosts in the community to rent out temporarily they should be in the regulation of the city and not to stage the ability but to prevent the set
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of bad acres that are evicting and making the housing shortage worse in san francisco we need to know the number of nights that folks are renting out and would not expect this only have air b and b and if air b and b would not participate we'll have to go after all the hosts it choose to use the site they know their data won't be shared i'm talking about the number of nights i don't need to know the folks who stayed there but to make sure the bad negative outcome of home sharing is avoiding the bad once it will make a more positive activity we'll make it a better and stronger, you know, activity here in san francisco.
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>> i appreciate those comments we're definitely in agreement finding the most appropriate way to respect the privacy of our users but helps the city accomplish its objectives the ordinance requires hosts to keep he do not logs themselves that be presuming will i made available to the city in the event of an enforcement action that is currently in the legislation and let's taking a step back how this enforcement process works presumably the city works under the rules and regulations for the enforcement code would if made aware of a potential violation sends a letter to the property owner and stating they believe dollars a violation occurring and giving them a timeframe to respond to
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rectify the violation or prove it's not a violation and the burden is on the person who received the notice so rectify it or provide evidence there's no violation. if so city is not satisfied they move into the administrative enforcement action and germany don't want to speak on their on behalf of but w will rove those issues, however, if increase not an enforcement practices will move forward if it requires a subpoena to send to air b and b or another platform then that is part of the process that's what the city can do today those are the rules that occur that are in place for the city for the
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legislation and, sir there's a long line behind you we disagree on this but one last thing air b and b is not a platform for people to meet people it profits from the industry and as a company that makes money their accountable to the city to we have to make sure that the bad behavior is not taken place. thank you president chiu. >> i did have one question i know that a number of colleagues raised around the collection of taxes. i think everyone in the room agrees at the moment there's significant economic activity that's occurring on home sharing platforms platforms and yet the city is not seeing a progression at amount of taxes i'm sure you're aware of this is important to me, in fact, i
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refuted to introduce legislation until air b and b made a public commitment you public library committed you'll facilitate the collection and remittance of taxes percent a requirement for the online platforms and your platform still has not yet move forward with the technology to facilitate that if i could ask you for an update on what air b and b will help the city to collect taxes. >> we announced by this summer we'll have a procedure in collecting taxes. and where the preliminary obligation exists to collect hotel taxes whether on our platform we've been working diligently along with the city attorney and thank you to the
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city attorney's office this is a complicated go issue and it raise novel issues but i'm confident saying we're extremely close to working this out. >> all right. we'll look forward to that i'll mention i want to thank the city attorney's office and for the members of the public our city city treasurer on the website of the treasurers officer they have posted a number of documents to assist the members of the public that want to be in compliance with that and thank you jose and our office. >> thank you. >> i'm going to welcome back your former president of the board of supervisors. >> thank you, supervisor wiener and president chiu and supervisor kim. it's a pleasure
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to follow my predecessor i'm delighted to be part of an unlikely coalition that represents the hotel workers and owners and many other interests that are effected by this new phenomena in san francisco united states and indeed the world you'll hear and continue to hear about the thorn i didn't issues your wrestling what i'm here to he'd one of them that supervisor kim and supervisor chiu just put their fingers on i'll say different than what david said this issue is not new two years ago the elected treasurer jose had a rule making hearing which was bitterly opposed by air b and b mr.
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synnext year's the treasurer proposed it was even though duty of the platform to collect and remit and indeed it is rescued in supervisor chiu's legislation too years ago it feels like charlie brown and loucy they're not renot limited to by platform with all due respect supervisor david chiu's legislation does not do is pursue the issue the back taxes that are due and pay able to the san francisco. i would respectly suggest that most of the thorn i didn't issues your grappling with look at back taxes it's not a new issue it was made clear in 2012
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typing to comment. >> thank you, sir. >> next speaker good afternoon, supervisors i'm president of the small property owners of san francisco we small property owners run small business owners if you want to run a can he recall enterprise you should operate in the following manner your businesses are licenses mostly thirty days or more rentals this is public record along with ownership and permit information we insist there are a public library open registry of open units being used if we want to change our properties we have to apply for a permit often we have to invite our neighbors between a block and allow them to come we insist that our tenants at a minimum
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receive written permission we carry insurance for specific buildings to protect in the event of fires and liability insurance to protect our insurance didn't protect the buildings and hotels yet if one of the tenant hotel guests gets hurt who will they sue if the hotel unit should so one million dollars of liability insurance. supervisor chiu's office said they'll not attempt to violate our leases, however, they've limited the landlord right to enforce the violation when we discover a platform of like this being used thank you for the opportunity. >> thank you very much. next speaker. . good afternoon. i'm jimmy
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live in the portal district 11. first of all, thank you supervisor chiu for taking on this issue it does need to be done but i think it needs to be done in a way that's constructive and in a way that shows this city and that board of supervisors supports this type of economic activity. i've heard a lot about regulation not so much about support. i'm retired so is my wife we've lived in the home we own for 20 years. about a year and a half our younger son moved out we also about the same time had a family emergency when cost us a lot of money. we had used air b and b as guests in 0 other cities in south and north america so we decided to try to
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rent out the space our son occupied. it has been excelling helpful we're retired and on a fixed income. i disagree with commenting support for the 90 day limit i'll not support that. i also 0 hope that, in fact, as time goes on this regulation of these rentals reaches a point so there's no possibility of questions. about insurance for homeowners and these for instance, in homeowner is situations if i lo lose our insurance you could be defacility on our mortgage i look forward to a positive support from this board of
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supervisors constructive regulation is what we need. thank you. >> thank you. next speaker. hello, i'm dennis i'm a homeowner in san francisco. i live with my wife i three children i run a creative agency and a small art gallery in downtown san francisco for the past four and a half years i've been an air b and b guest and use other home sharing platforms and stayed in dozens of apartments both in and outside the united states i became an air b and b host my reason was not financial it was to share a wonderful experience i've enjoyed there's some unique and special about home sharing the whole experience is like
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inviting a friend now as a host in san francisco i enjoy giving tours. but air b and b is not just about hospitality i started a new business based on air b and b platform i give tours. guests what purchase the art and if they choose as a souvenir or as a last minute present this is a new program and it is a wonderful way to help home sharing outside this hospitality. air b and b helps local small businesses like shopkeepers and laundry mats and tourists that would otherwise noted have this service it helps san francisco to grow. i
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definitely support regulation and will oppose 90 days because people round thanking their places for different reasons thank you very much. >> thank you very much. thank you, supervisors denver's as you colloquy between supervisor kim and the gentleman pointed out there is serious gaps in the legislation about the question about the number of cases that the unit is rent and the collection and remittance of taxes one minimum thing each person must report the number of days to the city of rentals and collect and remit taxes that have not been renot limited to by any of the post platforms. i think that would be in the
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direction of a true enforceable program. i think that that question along with the insurance question and other questions raised that have no answers yet point out we shouldn't be preceding with this legislation there are too many unanswered questions and gaps and too many things we don't know the answers to be able to proceed with the legislation that's responsible. this thing ought to be detailed so the questions raised by the supervisors have adequate responds to the questions thank you. >> next speaker and i was hoping that mr. chiu would be here i'm dave the president of the west highland association near monterey dlifld
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was the of twaerp for 5 terms. we have cc&rs. and i've been to many meetings but in all the years this air b and b short time rental is itself biggest scam whether their we are talking about talks about the breaking of laws and the breaking of insurance companies and residents. the proposed legislation is based on fraud please go back and listen to the planning supervisor commissioner sugaya that are talking about rewiring the commercial use as residential is a zoning change. there's or there's been a hundred year old planning rule when it effects the property outreach in the form of tursz