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tv   [untitled]    October 7, 2014 2:30pm-3:01pm PDT

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folks and i supported those amendments and also, they proposed that we require property owner notification when tenants have completed applications to rent let me he'd the process this has been a longs conversation that's taken two years to research and refine and work with the stakeholders thank you as we started this process the tenant advocates promoted we include requirements around primary resident and hotel union leaders pushed for the collection of hotel tax i support and it was about that time the landlord and property owners ask for the existing leases as well as the liability insurance and colleagues thank the fact we're going through the perspective
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practice unfortunately, there was a measure i had and many had issues we know the legislation process for the democratic feedback to incorporate the public's feedback and our feedback to make amendments to address the future issues new developments that come up we can address those as well and one thing i'll mention two other changes is to require every year the planning department and planning commission to analyze our suggestions and as well as to insure that the planning department has enough resources to adequately and proactive enforce the rules they need to enforce let me close with the following i want to thank for sharing our ideas about home sharing there's been a significant difference in prospective i tried to balance the perspectives in a reasonable
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solution with the underlying goal of addressing our foonlt crisis and colleagues let's take action today, it's on a two year conversation it's been at the board of supervisors for over 6 months and numerous public discussion and input i ask we move forward the status quo is not working we can do better. >> thank you, president chiu supervisor breed. >> thank you first, i want to thank by thanking president chiu for taking on 24 legislation it's been a difficult process and thank also process i appreciate you working with any office to think about ways to address insurance and notification to property owners and who list of concerns that are still to this day coming up so thank you
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pursue a couple of remarks i want to make and some amendments to the legislation as well we all know this legislation needed to be done i hope that today, we can move it forward governments infect regulatory safety and community needs it's why we feel confident our milk would have toxin or our car won't explode but private industry often moves faster than government i know we hate to admit that it's a challenge we see everyday with the transportation network like uber and lift and experiencing with short-term rentals like airbnb companies and individuals who use and enjoy their products have created a new market we
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have a rocketed to insure that market like p.i. any other are not community needs i don't want a free-for-all that turns houses in san francisco into hotels and leaves the permanent resident out in the co-sponsored cold nor earning extra money we're sailing into unchartered waters we need a balance to provide housing for permanent residents all in all this legislation strikes a balance that is a good balance i have to emphasize this is very easily in the game honestly we don't know how this industry or legislation will play out in every circumstances in every neighborhood we don't know if the city needs to put a cap on
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the short-term rentals in the future or if 90 or nine hundred and 65 or one hundred and 20 days is navigate the right limit for rental per night as we grapple with the affordable housing like few cities have seen not many issues as desire as the protection and supply of our housing figure and when we passe this legislation i'll watch this issue i want to see how effectively the planning department can enforce the rules and the hosts come forward to register and follow the rules and make sure that short-term rentals had, in fact, helping people stay in their homes and not making it harder for others i'll revisit and amend this down
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the road or so if something is not working we hoped that is not an entry promise i write amendments to the condos legislation i want to thank all the home sharers and advocates that reached out to me over the past if i months it's been an eye opener to find out about the various situations and the folks that are home sharing over the years in terms of their ability to maintain their homes in san francisco i had the pleasure of having the department of association and calvin in my office at the same time with aaron and no one was yelling so i hope in 9 spirit of collaboration this carries the day and with that, colleagues, i
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do have an amendment to the current legislation section 41 a .6 what this amendment side is allows for a response if someone issues a complaint to the planning department and there are is an action taken usually someone st. is notified action is taken, however, we know that the planning department is supposed to issue a letter in no action taken the complaints i've heard is those complaints are not being responded to this is considered a very minor amendment to the if the director finds no violation of this charter or basis for an investigation for unlawful you use the director should to the complaint thirty days of the filing of a complaint so i'd like to make a motion to
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exclude that section 41 a .6 it's a non-substantive amendment and shouldn't require difficulty. >> there's a motion on the floor second president chiu and since today, we have quite a few amendments proposed colleagues, i want to suggest we go through the elevators amendments to the legislation and precede tend to take a vote on all the amendments. >> okay. all right. we have a quorum i have one more proposal this particular proposal is not necessarily for the current legislation that is on the floor but for its considered trailing legislation to this legislation and will need to go through an
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additional process more specifically one of the suggestions that i had from individuals about had something to do with the ellis act evictions happening and those ellis act eviction were taking place as a way to use property for airbnb prurpz purposes i want to propose legislation that will completely weigh the mosaic active process in the current legislation and allow a potential nonprofit housing rights group to basically sue if the if it's found in the a building h that has had an ellis act eviction in the past 5 years rather than wait until there's a determination whether or not a violation has took place as it
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relates to airbnb this will give you an entity an opportunity if the city not to take action the ability to take action this will not be voted on today in terms of a apart of the current legislation but i'm introducing it so it can go through the perspective process and be discussed and added to the legislation in the future i wanted to make sure that i brought it to the attention of the 0 commission with that, i'll yield. >> supervisor farrell. >> should we vote on supervisor breed's amendments by the way, because i have a comment oh, at the end with that, first of all, i want to thank president chiu for his hard work on this issue everyone recognizes that as a no
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win situation there are groups involved here across the board that rarely agree and it's been an will fascinating experience thank you, everyone for being so involved i certainly want to thank our da merlin and john gibner, deputy city attorney for their hard work i'll say general buildingly so to speak our airbnb has revolutionized things across the city i don't think that generally in the early stages government should not get in the way of consumer demand whether uber or airbnb but there reaches a point the government rethsdz those industries and those behaviors we have reached that point with airbnb in san
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francisco i know other cases throughout the country i very much agree it was part of the legislation i see stationss t is core and central that's a no brainer and insurance for anyone that could be affected by behavior in my units this legislation does not peers the vail of the existing leases or the agreements already in place a huge thing from my constituents i have a lot of people that are home sharers and not around the enforcement so if there's an issue or complaint if someone is looking at this we don't leave to the nuisance laws and quite frankly people don't have their faith so permitting
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this behavior our planning department is on board i know they're to work on this is incredibly important and supervisor wiener thanksgiving thanks to him going forward with a mechanism that will go along with that i like like supervisor breed have two minor amendments right now i know there's a lot of discussion around private right of action in the current form of the lvenlths there's a limited scope to some of the ideas i've heard flooded around with that a interested party on page 12 i'd like to include in that definition a building owner and also to clarify that the homeowners the definition the homeowner association of the building in which a tourist of
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trinity use to our it applies to not only the unit by a neighborhood hoa that has jurisdiction or participation with that unit or home that be included as well those are my two meddles i look forward to resuming that conversation. >> thank you merlin from our city attorney's office. >> supervisor farrell has an amendment on the floor is there a second supervisor wiener and supervisor yee. >> thank you, colleagues today, i maybe introducing two different amendments and i have to say we've had long discussions about that have involved many members of any district and ran into a
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discussion that touches apple fundamental tops like what cities will do what a city should be doing in terms of how we want to live in that what's itself legacy of our city zoning lauded and rights that property owners have in their own home it's been an extensive conversation that has involved many different people from different areas of the city with very different opinions on this matter many districts residents have written to me and called and come out to testify as the mrabs and the land use commission i have similar concerns as those expressed by some of the constituents that you have all heard from i'd like to propose as many of my constituents have requested that we exclude
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short-term rentals in rh1 and rhd d zoning districts so that's any first request for amendment and . >> supervisor yee would i like us to move on that first. >> so supervisor yee has a motion that on the floor of rh1 and rhd seeing none, that amendment will not be adapted necklaces motion. >> so this second amendment i'm asking for would be again trying to address some of the issues of any compluts at the same time providing compromises so that we can move forward with the legislation in an effort to will this
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single-family home neighborhoods i'd like to see colleagues if you could support an amendment that limits short-term rentals in rh1 d neighborhood to 90 days of hosted rentals only for 50 percent of the bedrooms with the 90 cap applying to the entire property and not single bedrooms this is a sensible compromise that guarantees that the property owners be also present in case of the short-term rentals limiting the single-family homes in the neighborhood i hope you vote for that. >> u this supervisor yee to limit short-term rentals and rh1 d neighborhoods is there a second supervisor mar seconded
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all right. any further amendments supervisor yee. >> that will be all for today. >> supervisor wiener. >> thank you, madam chair and i too want to thank president chiu and his staff particularly amy katie tang for mayor numerous memoriam of work this is in a lot of ways one of the thank less are issues the views around it have insdenl technology there are ships passing in the night not only to make everyone happy not to make really some people extremely unhappy no matter what you do so i want to thank president chiu in his work for taking on this issue it's an important initial or issue to
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take on i said this at land use at our 12 or 13 hours of work the status quo is not working right now we know the entire system of home sharing it happening in the shadows there's this or no o oversight no perimeters it's technically all illegal but there is little enforcement because of the lack the resources and it's time to bring it out of the shadows even some would like it to remain entirely illegal the jean i didn't say out of the bottle in terms of this happening in our city and thousands of people are participating in home sharing and many are relying on it in
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terms of their economic well-being and survival it would not be good to freehand it's not there when in reality it is i think it's an important step to bring it into the daylight and put perimeters around it and no matter what kind of regulatory scheme it would not go far enough and too far for some it strikes a reasonable balance number one that we don't want to have those unite that are used just four short-term rentals that can only implies the housing stock whether it's an rental unit there's been a
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short-term rental or kept vacant or more and more investors are purchasing single-family homes with the intent of using them for short-term rentals that is a problem we don't want that to happen we want people to have neighbors and we don't want blocks to be turning into hotel district but we also, if you clamp down too much you'll be hurting a lot of people so the legislation i think smartly gishdz between the non hosted rentals where the owner is not there and host when the owner is there you have to live in our home 9 months out of the year and as long as your living there you can rent out a bedroom and if you're away you can rent it out there as well
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one can argue in the morning two months or more than 4 months there's no magic to my of this but in my view the balance this president chiu has struck is a reasonable one and worthy of support i know there's been discussion about the hosted rentals to place a limit when the owner are resident of the home is present and running renting out a spare bedroom i've not been a supporter of the non hosted rentals and i think unfortunately, we've had those hearings a lot of people that are engaging and dismissed them as you're being put up by one the home sharers home sharing companies but apart from the
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discussions colleagues i've had many, many conversations with the residents of any district over the past several years and many people that absolutely rely on the income that they derive from the hosted rentals in order to make the end meet i can't tell you people that live in the neighborhood or long time residents or retired on fixed incomes that allows them to put a new roof or single parent to pay the mortgage or send their kids to college it is easy to be submittal off those claims but they're real a lot of people in the city are struggling right now despite our connective boom struggling to make end meet we need to are careful in terms of effort to deprive the people of the ability to make ends meet
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and i think this is a reasonable approach i also want to what like to put-down two amendments on the table and i want to briefly say one is a technical clear up legislation suggested by the planning department around the annual or the first adjustment to fees that will happen in 6 months we made a few different amendments to clean up this in committee and my department has requested one more minor tweak to give them some flexibility in terms of the annual adjustment and the second i'm very sensitive to some of the concerns that supervisor yee has raised that apply to his district and the rh1 d and i wanted to sort add on an additional idea in the
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form man amendment we have a number of the homeland security associations with cc&rs and in committee supervisor farrell and i put an amendment the landlord will receive automatic notification for homeowners associations in rh1 d district they'll receive automatic noevenths when a registry occurs so an additional idea around rh1 d district i appreciate that supervisor yee is working with the constituents and taxing their needs taking that into account. >> supervisor wiener has two amendments one is a technical adjustment for feeds seshthd by supervisor farrell on the second requiring an automatic
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notification for landlord and supervisor mar. >> thank you, mr. chair colleagues, i said to introduce to simply amendments before i do i want to say meetings with people from my district and others around the city has been and opening and meeting are airbnb as the company was started to explode now a $10 billion company airbnb had my interests from several years ago i'm appreciative that supervisor chiu and others in the land use commission and the planning department and the planning commission have at an on i'm yes, ma'am authentic towards the short-term rental tourist rental advocates trying to subsidize being pushed out with displacement and the explosion of housing costs in
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the city i have empathy for people whether or not you call users short-term rentals or i like to say short time rental hosts if or in that way at times, i of the followed around by farmer's market in my district by people advocating for really open market use of this kind tourist rentals like cult like in their approach i was uncomfortable by that level of advocacy and pushness so i'm mixed in how i'm addressing this any overarching concern as a policymaker as president chiu raised another colleagues is the impact of how how much regulation we should have and
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how much government regulation we should have i see on over oracle relationship with the marketing having a potentially horrible stock of housing stock and even our housing costs i see a potential floodgate opening up of hotel uses in residential areas in many parts of city i'm sensitive to issues that others will bring up in a moment i feel strongly like the broad coalition of neighborhood and community, tenants and labor that are advocating for a 90 day cap that's for host and unhosted i feel stock exchange about that cap should be placed otherwise wooik we'll see more of the floodgate opened for residential
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units used as hotel unit and strongly has others have raised that we need a strong right of action that's competed this new quote home sharing is opening up more hotel unit to flush in areas without enough regulation and monitoring as well lastly i worry if we're not careful and i know david chiu has done his best with the hours and hours of meeting i worry if we're not stronger in the city to hold account the airbnb to pay it's back taxed of two years and other efforts to hold them account recalling we'll see another erosion of our housing stock and see the community and neighborhoods we love change
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before our eyes even more than that getting that off any chest i'm going to give my two amendments the first involves city subsidized housing i know exclude from airbnb and b o sharing and f o and the low market rate units i'd like to propose that and is that the legislation as currently written despite the proposed amendments i've benedictions or mentioned it allows san franciscans receiving the benefits for permanent affordable housing or subsidized first time homeowners to cash northbound on those benefits by using them as short-term rentals for their profit it leafs the on n