he said the break even point is 270 i can go to one hundred 80 that is more realistic we're squeezing the hosted guys down to the lower number but i'll be supportive of a number of one hundred 20. >> here's where i have one concern about not only the fact you have a vacant unit who you want to rent it out short-term and a or long-term there's a discussion i have a unit with someone in it if i have to get them out and i'm not for increasing this is where i'll recommend at the end of the bucket list to extremely

industrial this bed-and-breakfast for people to rent they're small homes out for a whole year 90 days is better i want to see that with 90 with a indicate i do not of bed-and-breakfast only the list. >> commissioner moore. >> i'd like to agree with the departments condition until they understand and the folks to get. >> commissioners we're recommend the one hundred 80. >> i cannot support. >> commissioner hillis i'm supportive of the one hundred 20 i go back to h 20 i like the 90 but i know this is what we're trying to get at people don't

live in the unit and less concern about their neighborhoods we have public rely on the income those are not people living in luxury unit and rent out bedrooms i think they deserve one 20 or more if we are going to do this kind of posted and hosted address unhosted i'll go with the one hundred 20. >> commissioner antonini and yeah. i'm favor sounds like the one hundred 20 is where our decision will be on the higher end we're providing other ways to police this for the host that is using it as you know number two, of full-time rentals i think we've got a lot of checks on the whole thing it does allow for the hosted people to have

they'll have to go into the bed-and-breakfast but i'll fine with the one hundred 20 and commissioner wu. >> commissioner richards sorry commissioner hillis raise good points i'm in favor of one fabulous but to me one hundred 90 and one hundred 20 is how you're out of town so i would be supportive of idea of some sort of streamline bed-and-breakfast we've not researched it. >> commissioner hillis. >> i mean, i have questions on the breaking points of 247 is way and hasn't the brook point to be lower non-hosted you'll

run is it as a rental property i have to dig through the numbers i don't know it didn't seem right to me the 247. >> we checked the numbers about the controller's office and his ranks are coming out in the same order we're talking about the break even point where it becomes sensitized to switch in long-term to short-term rentals and certainty profit level it might not be this is the amount somewhere the incentive is earlier and later a number where the amount of profit it enough for a loraina long term rental and people that there are a lot of vacant unit if people are

able to lease for one hundred and 20 days that might be good enough i'd like to see that in the hosted rental i kept the difficulty. >> commissioner hillis is this something if we make to item fingerprinting and items you wanted to list or add is this something you'll suggest or listed in number 8 if this year's a way to differentiate or define hosted and take a spate number. >> at least consider separating hosted and now and then hosted. >> two different numbers. >> okay. >> commissioners. >> shayla: shawl a call-

commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore no commissioner richards no commissioner wu no. >> and commissioner president fong. >> so that remedies move forward forward with 3 item 4 a recommendation 9 is a depth proposed representation that is not in any of the ordinances before you it will roach the provision in the administrative code it requires the administrator hearing so currently if we find a violation we have to host and hearing may not need to have to hearing the violation could be rectified or do necessarily need one so - >> i think the point a humble

administrative burden to hear it every time tlsh there's a violation under normal procedures to correct the violation. >> i'm fine with supporting this i want to understand how is the admin code dictate what we do or staff does. >> that's a nature of the ordinance yeah. it was decided to place the requirement in the admin code rather than the prado it was a a similar code that is why it was converted. >> very imperfect for he and deputy city attorney this may be that opening up a code but now the planning department is the enforcement and the recommendation you use the planning code for enforcement

procedure but zoning administrator sanchez is correct the reason for a spate process it was administered by dbi it created a process that would not changed as amend in october to switch the enforcement to the planning department and shall i call the question on recommendation 9 commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong that recommendation will moved unanimously unanimously. >> okay recommendation 10 a department proposed recommendation not in the other ordinances that allow cross-examination of hearing of an administration hearing ever

witnesses. >> shall i call the question and commissioner moore. >> perhaps somebody explain what was employed i'm unfamiliar. >> we have at administration hearings on enforcement matters noting no requirement for that cross-examination that was an artifact when it was a dbi procedure so the limited hearing are somewhat inner formal people have time to speak and present they're case and public comment as well requiring or obligating cross-examination there's no legal requirement for it. >> commissioner johnson. >> that was my question who would be cross commenting whom.

>> that's a good question basically the parties so if there was someone i mean not entirely clear but they'll baefg the the party the person in violation if there's an interested party they'll have the ability to bring attorneys and . >> thank you. >> frankly it is a contention we don't see the reason for that. >> shall i call the question. >> on recommendation 10 commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong so moved that recommendation

will move forward unanimously. >> recommendation number 11 department is recommend against this is a recommendation do not require the hosting platform it report it was a short-term rental which is in the supervisor campos ordinance and the department is recommending against this this basically, not as we heard not all short-term rental programs are set up the same was and krairgz list don't take the money are handle the booking so the information would be incomplete. >> commissioner richards. >> the question it was on the prior legislation recommendation that i was on the commission i think - i why it if come up

before. >> we proposed it and it was not integrated the commission voted for it not put into the initial ordinance. >> if i may i think that is worth spending a moment because supervisor campos was concerned about this recommendation the departments represents are weight of the actions; right? the making consistent unhosted and hosted and making that definition requiring the registration number with those recommendation we thought the data was frankly less critical combined with the fact that the concerns about privacy issues and the inconsistently of the data because they don't get involved with the data the

combination we suggest not a requirement not to say the data wouldn't be helpful but to make a a requirement is not needed some point if the other action are in place it seems like the proposals that the department made in the past was not necessarily that the data be required but we get the data somehow other technologies we can use given the fact the hosting platforms don't all collect the data it seems like a shifting in the platforms that's what is being said it will be inconsistent from the platforms. >> commissioner hillis. >> i didn't watch the board hearing what was their reason for taking if out of - >> it was never in so it was a

recommendation that the department came in with and supervisor david chiu decided not to put it in. >> they debated it. >> yes. i was on vacation. >> was where the gentleman's information was more valid people have migrate to 0 bp o or have both if you can book it is start counting the calendar days they don't know. >> commissioner moore could the city explores a self-imposing requirement bans the fact at the end of the year you'll be paying your tax. >> deputy city attorney there is a reporting requirement in the existing code that applies to the host

so open a yearly say is anyone litigations a short-term rental has to provide that and the planning department can require is this is on the hosting platform not the host itself. >> commissioner moore. >> i already said. >> sorry. >> commissioner richards. >> the question if we explores the account we've voted on we're relying on the host to actually come back and say i've hit one hundred 20 we're not expecting them to say hey, we have the data i went on line and can - i saw the calendar it was available this and that day i my in question how do you know what

those red marks are they've reached the one hundred 20 is my concern it the consistent based on the data plasmas but even having the numbers we're going to have to struggle when we hit the cap. >> it is a start but it is an incompletely supervisor farrell said wanting to create without a doubt without a doubt there's a doubt in his mind we have an enforcement issue without someplace. >> commissioner antonini and ultimate it is up to the host to report every year and they we'll have to reporter honestly like the tax

the tax malia cohen to report the number of nights to a limit to again we have to find a way to do it ever airbnb for instance, reports 90 days and go to someone else and grabs another from craigslist and someone else we'll not know ultimately the host is going to be the one that has to say i'm against we're supposed to vote not way you have a phrased. >> does not require. >> does not so we're voting yes on do not and commissioner wu. >> i agree with commissioner richards thoughts for enforceability is only don't need this type of information. >> commissioner hillis. >> can you remind me what the host have to report so unanimously they need to send a

report to the planning department kind of signed under oath the number of days. >> yes. >> again, i that one hundred and 20 days we're trying to achieve this everything is enforceable it is not just liquor the planning code it is not it takes . >> o'connor a room is not available there is a meter to stop after one hundred and 20 days or whatever there is no more room to rent it technology is available not necessarily worked on by the platform itself but the accounting mechanism

built online reservations and commissioner richards. >> i think commissioner hillis point resonates around one airbnb for the first one hundred and 20 days other rental worries me we have look at of enforcement we can psychiatries. >> commissioners shall i call the question open recommendation 11 to not require platforms to report quarterly. >> commissioner antonini commissioner hillis commissioner johnson commissioner moore no commissioner richards marry no commissioner wu no and commissioner president fong that motion will be forwarded a recommendation of a vote 4 to 5 commissioner johnck's r /*.

>> recommendation number 12 is to do not remove the owner the residential owner in which the tourist or trinity use is to occur for the supervisor campos ordinance going back to the previous recommendation we added owners or residents that live within one hundred photo of the property those provision strikes out party the owner the residential unit the department feels the owner of the unit has an inherit interest in what goes on and by depiction an interested party we're recommending it not be removed.

>> commissioner antonini. >> i'm in favor of does not remove the owner this was this discussion came up the owners were saying we're somewhat reticent about our tenants be able to sub let those units for short-term rental and said to have authority over those people to do it is a little bit different issue but still have to gain permission from the owners to do this thing if this year violations they should know about them this only make sense commissioner hillis. >> don't you remind us there was a lot of information absent about the owners consenting the renters. >> previously beforehand get their permission or the other signed affidavit and it was put

into the ordinance i believe a certified letter to the owner that your tenant has listed the unit. >> that's what we recommended the last time. >> we minded like approval from the owner. >> i thought we were recommending. >> some mechanism to notify the owner. >> sent e send a letter to the owner or someplace. >> shall i call the question oppose recommendation 12. >> commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu no and commissioner president fong so moved supervisors that recommendation moved forwards

with commissioner wu voting against and do not allow the private right of action for any interested party after 90 days if the department has not instituted civil action that significantly expands who can take action and it will include anyone that is defined as as interested party i voted on the owner and previously anyone within one hundred photo of the property as well nonprofits and whole litany of other people. >> commissioner richards the question we've heard a speaker early on i had something happened next door to me i went crazy go to work and it was in

russian hill that allows the neighbor they were because they were going crazy this was a nuisance and do this after 90 days and yes they wait 60 days and another thirty days. >> you know if something it not happening it is kind of like a safety valve to me commissioner antonini. >> yeah i want to hear your recommendation you said do not allow at the griffin. >> i will say that are the mayoral ordinance has a provision like this in that as well but the number of days is significantly longer than one hundred and 20 i think. >> do not allow. >> do not expand the private right of action to include

interested parties after 90 days. >> interested party after 90 days they have to take their angling action before that. >> it is on page 20 commissioner moore. >> commissioner richards. >> what type of abuses do you for see i think we were concerned it would open up the door for anyone who wanted to foil a lawsuit against their neighbor it was taking responsibility away interest the planning department from enforcing it's on law. >> i see the deserve our enforcement happens after.

>> within the 90 days determine an ax. >> deputy city attorney i think there are two issues one is that supervisor campos ordinance expands the definition of private right of action and allows any interested party that meets that one step back supervisor campos expands the definitions of a interested party and any interested party to file a lawsuit if they filed a complaint with the department and no written determination no violation they'll give our office thirty days no, if we toil a illuminate u lawsuit they can't bring your their private right of lawsuit one is

supervisor campos legislation allows any interested parties whereas bred and kim or so only to housing nonprofits and supervisor farrell's ordinance force the expedited right of action to permanent resident of the building and apparently resident within hydrophoto of the building and hoas associated with the building and the timeline in supervisor campos timeline is short 60 days and our office thirty days the other is one hundred and 05 days that allows the administration to finish within one hundred and 4 days they don't get the expedited private right of action so i'm sorry if it confused you more but some of

the differences. >> commissioner moore. >> commissioner richards. >> i guess the question i was out for one the votes number 5 did we take action on all the other actions with the different provisions city attorney you're aware you. >> you mean the 3 different. >> - we're dealing with one. >> the staff has organized this by issue than by or ordinances because staff recommending a mixed bag not just talking about supervisor campos it is in piece. >> so part of it it has to be

one hundred 4 days for farrell ordinance. >> we can talk about the farrell's provision we weren't away that was in the ordinance. >> so the longer period seems nor reasonable to me. >> commissioner antonini. >> yeah. i tend to agree i'm going to think the violation occurs and then there's a 90 day period of time there might be private right of action but after that time exteriors there are can't be private right of action reverent are you farrell wanted one hundred and 5 instead of 90 making it a longer period of time. >> actually, the difference continue sxomz is 60 days and the interested party gives a 60

days past the department basically hadn't made any form determination so this is a or not a violation within 60 days of complaint if this happens this in supervisor campos legislation the interested party has to give the doves thirty days notice of their intent to foil a lawsuit their private right of action is cut off and they have to go to the regular private right of action they have to go dot whole administration process with the city and then file a lawsuit under ferals the timeline is long-range his it one hundred and 5 days this tracks the timing of the mosaic process