table i'll note that supervisor kim is now joined us supervisor we're doing the introductory remarks so you can remark as well. >> thank you, supervisor wiener it's good to see tom huey we were at the same groundbreaking at the south of market i want to appreciate the committee in my towardness i made a lot of comments last week, i don't want to be reiterate active first of all, we are absolutely moving in the right direction we know that short-term rental vacation rentals is become an activist that is widely lied in san francisco people joy hosting guests from around the world and make additional income everyone understands the need for that

given the housing issue here through i think the issue is keeping the city affordable so this is an activist because we like to do it and not to do it not because we have to of course, i've been an airbnb user it's and it's a great way to vacation with friends when it's hard to get multiple hotel rooms and i've done it for weddings and i understand the platforms both to the hosts and the guests preliminary concern i've expressed is a potential loss or existing loss of our housing stock that's been x batdz by airbnb and b rb o i've met

resident that have been ellis acted because they want to do do airbnb that's the type of behavior we want to encourage you can make more money through airbnb rather than the renting that's the type of behavior we don't want to encourage we want to make sure that the legislation is campfiresable how do we create legislation that we can enforce you know, we have a number of different areas of our code that's difficult to enforce but this problem is a big issue it's hard to understand the numbers of unit that have been permanently taken off the market for long-term and have short term vacation rentals this is the exact thing i'm hoping we'll

address through the package of the legislation most of my questions are along that line we've mad moves moving in the right direction i want to continue along that and the number of questions from the planning and building inspection thank you for being here i forward to hearing from the community members again on this issue thank you. >> thank you, supervisor kim supervisor cohen. >> great. thank you very much i have a handful of questions first for dbi and 1 or 2 for the planning department i really want to pose this to mr. huey can you clarify whether those uses will be comploem with the hotel code. >> good morning supervisor tom huey director of building inspection to answer our

question first of all, we considered those kinds of rentals should be under apartments its no, not a hotel because the preliminary retains have to be occupied unit and those as a home sharing unit because there's no dimension between apartment building or hotel all those are existing buildings that's why we consider it as an apartment buildings not a hotel thank you very much other question either you or a member of your staff someone safeguard we accountant an superstition of

each dwelling unit that applies for the registry railroad given that dbi only has access to the common area maybe you could explain to me how this will work how you will be able to go in and inspect. >> generally, we don't spring insides the unit but for the future we plan to go into the unit and find you know some violation regarding the electrical or plumbing and send out an inspector and there's a compliment by the tenant we'll will then you know there's a life safety concern and also i have my chief inspector to see how to do the enforcement.

>> thank you maybe you can add more complexity. >> supervisor one of the things we'll do in working in conjunction with the planning department is as they establish the registry if there's an issue of the building whether or not they satisfy the reluctant inspectors we can definitely do it in conjunction with the scheduling so as they develop that and working with christians in a we've got those buildings and he this he happen to be apartment buildings or hotels that require the inspector we'll schedule them under chapter four of the housing code keeping in mind one or two single-family dwellings don't have that we'll be happy to incorporate that into the program.

>> i see maybe you can explain the relationship to the requirements for inspector so far every 5 years of an residential building. >> in chapter four it requires the the hotel or apartment have an inspectors every 5 years we do that every 5 years and a shorter period of time if we get a complaint or a hotel depending on what happens within the building so essentially bans that requirement if a building is trying to get on the registry we'll work with the planning department to make sure that reluctant inspectors is down in the commonly area but we'll look at open complaints working with the planning department and the property owner.

>> i'd like to get our opinion on requiring the host to provide posting in their unit about key life safest in the way of an emergency. >> it's been communicated to me a guest may not be familiar with the features the building given that information about the egress that would be a good idea the planning department doesn't have this but getting this information to the people it is a good thing in the way of arresting an integer we'll welcome that to the event. >> one final question more directed towards you director do you anticipate those apartments occurring more costs this legislation has a financial impact on our budget would it

have that. >> it is hard to tell now we don't have that many complaints but in the future that will be an impact hopefully, we're not the expert on this area that's why the usage maybe returned back to the planning if life safety we'll work in close hand you can to communicate and enforce it together. >> okay. thank you very much. >> thank you supervisor cohen. >> i'm sorry supervisor wiener i'm not done. >> okay. thank you. >> nobody for dbi i have one question a little bit loaded one for the planning department or the planning staff so i've heard complaints that individuals will be registering non-unit i represent the industrial part of san francisco my concern is if someone

registers a unit to be rented and it's zoning in the non-residential area how do we protect the tenants that are coming to hang out in our wonderful city but not sleeping in a garbage in the environmental zoning. >> thank you scott sanchez with the planning staff the registry question we'll look at the our records to see the legal occupancy and our informational map we have the access of the records for the residential record so we'll use that it's not dissimilar to someone coming in for a building permit to modify it we're going to establish the fact there was a residential use that's how we try our best to address that. >> thank you very much.

>> okay. thank you supervisor kim. >> thank you i had a couple of questions on an issue that come up two weeks ago the bed-and-breakfast permit it's clear from hearing from the public comment there are a number of people that are doing this close to 3 hundred and 65 days a year hosted and those types of uses are more appropriately fall under the bed-and-breakfast permit you're basically a full-time hotel vs. this legislation it is for more of the part time posters so i want to understand the bed-and-breakfast permit it goes through quickly and easily but if i'm going to tell a group of the guests to go that way i want to understand it so if someone could articulate that process.

>> thank you scott sanchez with the planning staff wards to the bed-and-breakfast permit there's bed-and-breakfast per say it's a hotel use so depending on the district it's conditional use except the rh1 and rh2 and others district but it's a standard will discretionary review process so someone that is seeking to open one up about under go the same process there's a mail notice beforehand within 3 hundred feet of the subject property and that's the general process. >> is it a fairly simmer process. >> we subject small businesses to in the city it's not necessarily reluctant those are done at the planning commission

a a matter of the backlog of progressing the applications. >> my next question is for dee dee young and come back to planning so for the department of building inspection if the discretionary review is approved for the bed-and-breakfast is there a different code with the dbi alongside the code or under the residential housing code. >> the whole building converts or if there's a change in use that's under our building code for the multiple unit from rh2 to become rh1 that will be enforced with the whole building converted. >> maybe not a whole building but let's say a single-family home it's something i've heard two weeks ago there were people

that owned single-family homes were retired and renting out their home close to 3 hundred and 65 days a year basically running a business they got a conditional use authorization so if the home got the bed-and-breakfast conditional use is there a different set of codes that the dbi enforces or continue to enforce under the normal residential building code. >> it's still a single-family home under the r-3 it's hard to say it's a hotel but that's more in planning only one unit. >> okay. so when the planning i'm sorry, i keep asking when the planning department approves

the bed-and-breakfast permit dbi will when they ininspect the building there's no single bed-and-breakfast. >> it's a single-family home nothing to change. >> maybe making sure there's clear signs towards fire exists and life and safety concerns from dbi's prospective. >> dbi enforces it you know when you get into the exit and the egress window and all the requirements stayed for existing building and there are sprinkles for the change in use is not changing the transportation. >> it seems like it's a process that's not that arduous we're under the building code many folks in the room can undergo

that process with a simple - and yes correct. >> okay. thank you now i want to go back to planning also i want to understand a little bit about portland's recollection because that was a city that regulated on short-term rental i understand the planning department has been talking to the city so how many folks have registered since the legislation. >> scott sanchez planning staff i understand the planning correlated with were in the july and the beginning of september during the last month they've had 12 applications i have a description of the some of the differences if you want to hear they have a maximum of two bedrooms and limit it to one and

two buildings only and a have a restriction for adjacent building and they have an inspector in order to obtain the fee is $178 paid every 6 years and covers the cost of the inspector as well and in the interning years 2 and 4 a 62 directing renewal feces fee and a posting hosted and non-hosting for the permits you said they have a similar 90 days non-hosted restriction. >> correct that's my understanding they have the requirement that the unit be occupied by the person that is renting out the space for 2 hundred and 75 days. >> okay. so some speculators how does portland plan to understand for residents for 2

hundred and 75 nights a year. >> our staff contracted them and that's something again, they have 12 mraksdz at this point don't have the enforcement experience with it yet they're in the application of that i don't know we didn't get a clear answer on the toolsz they'll use to determine that. >> do we have a sense of the number of hosts in portland that utilize sites like airbnb. >> no, i don't know how many are listed. >> 12 seems really low even though it's been only a month and a half having an understanding of why registering registration is. >> i be in the past three weeks we're not at the end of september it limits the number of the size of the unit and one and 2 unit buildings so this

makes is limit the pool in portland we have one and two buildings that comply i don't know in emily rogers times to step in but i don't know the process of allowing this the fee is the operate process but someone xhertd from a residential unit to a hotel their subject to section 316 it's a change of use from the residential to the hotel they'll have to meet that section code for the loss of the dwelling to be clear i wanted to mention that in the process that's required for allowing the bed-and-breakfast bus under the current code it's seen as taking it out of the residential use category. >> i have e even if there's a

family living in the how is it seems like less of a dwelling. >> we have no mid ground our either a residential unit or a hotel and no requirement for the residency so we don't have anything in between like a bed-and-breakfast to have someone living in the unit for 90 days. >> i want to know whether in a bed-and-breakfast there's someone living there 2 hundred and 70 days it might be appropriate for some of the hosts but that's the route they could be legal without having to flow more city council gent regulations thank you. i have a

couple of more questions for dbi then i'll move on to the next. >> for dbi i'm curious how many current conversion residents for chapter three 1 a. >> supervisor we have roughly 25 cases and also 5 of them is under the mosaic active hearing. >> can you describe the nature of the complaints. >> i'll have my chief inspector rosemary to describe it. >> supervisor kim we have the complaints that have council meeting sometimes they have information that makes it hard to follow up if it's unanimous and we don't have the listing information going to the platform to identify particular property with the pictures that maybe on theizing it might not

have the address so one of the things that's in the current legislation proposal that's helpful to the planning department is in a recommendy if requires on the listing you put the number of the being on the registry of the city of san francisco so right away you don't see the dbi listing on the city particular database you know there's an issue with the platform or the individual it listed it so it gives us a tool we don't have under the current database the types of dominates we've gotten is 1 or 2 or more apartment buildings is only

dealing with 4 apartment how does one or two unit are offered for rent or rented for under thirty days that's itself typical complaint. >> how long do those investigations go on for there's difficulty when you don't you know have a litigation with discovery rules, etc. how long do those investigations go on an average and the challenges to collecting the documents the finding of violations if someone is taking a unit off the market for the short-term rentals. >> as the ordinance is written it didn't give the department of building inspection tools it takes a long time to go in and make copies to see if there's listing on other platforms and

if it is swelled for a hearing and if they show up at the hearing one of the problems with the legislation as written if they take the listing off we can't recover the way it is written for our costs even though we made a preliminary finding that they were in violation of the ordinances because we can't make the finding until you get to the administrative native hearing process it's addressed by the registration by the controller reviewing the costs and the registration fee costs it's addressed but right now the ordinance doesn't give us the information and have the restrabts, etc. so the current proposal goes a lot way in addressing the issues in dbi we're confronted with the 5 we

have let me back up this ordinance as written for the existence quite a few no one utilized it it we had two complaints in the last 20 years and now 25 in the last few months those issues we're talking about are addressed by the additional tool that the current legislation paroles. >> that's helpful the short-term rentals is not a new issue i want to make that clear it was introduced long before craig's list, etc. we knew that tenant were taking those units off the market by using them as a vacation rental and there are

rentals from building near the waterfront we certainly want to enforce against it, it's interesting you on the got 2 complaints over 15 years and now 25 the proposed legislation addresses a lot of the challenges that dbi had in its ability but are there other things that are helpful on the legislation that has happened to enforce again landlords or attended that are permanently taking the unit off the market. >> as i said having the registration number is going to go a long way whether or not it is consist with chapter four 1 that's where you're next question is there are some dings but this allows an individual to go after some place that

vicinities the ordinance in court and chapter four 1 has a provision like that for the last thirty years there's a history of going after several different ways so from that standpoint there are those opportunities as well. >> so the big thing for me the crux of the issue how does dbi or planning differentiate between that landlord who refuses to rent out their unit and put it on the market and using it permanently for short-term rentals and how would the department differentiate that for the people that live in their units 2 hundred and 75 nights a year can you tell the difference as an endorser. >> it came up in one of the

hearings in addition to the individual that say, oh the unit for rent there's a hoax between the approach and the actual couldn't your legislation takes that out and so it makes it easier for us to be dealing with the individual that are occupying the unit so that's help so as legislators we're looking at is it offered or for rent less than 3 hundred and 65 days when we go in we're going to look at how the building is maintained but those are the things we looked at. >> how are we're going to know if a retina resident is there 2 heading hundred and 75 days a year. >> dbi - >> i understand it's in the

planning that dbi has some enforcement with the 25 complaints i have today what would we put in the legislation that allows you to differentiate between a true tenant and renting out a room or couch or is someone that takes their unit off-line. >> supervisor jane kim i said to suggest a number of amendments one to require for each host a number of days and the days to the planning department so each host will be required at least twice a year if they submit a report to the planning department on the number of days and dates of stay they'll be providing to the city and if there's evidence to the contrary that is evidence that the city can shut their property

down and fin them with criminal penalties. >> i missed that amendment i think that's helpful so i brought up when i served on the board of education we got containments whistle blowers here in san francisco and sometimes families would i will actually would tell on other families they thought didn't live in san francisco because ann it's a sought after playing place so sometimes families will call unanimously this student lives in oakland their unfairly taking a spot from a san franciscan so we actually spent a lot of money investigating those ten to 17 families and i know there are questions about priv