to change it now, i'm not here to say i can definitely say in the long run the current legislation is going to be the best approach for whether there will effectively need to be changes i have i'm not saying what my position will ultimately be i'm here to listen today, i have questions for the city departments but one of the questions is why are we after a long process we adapted a leo allowing law and the mayor signed it hundred days later we're declaring guess what we have to change it all i have questions about the enforcement and what has happened in the last hundred days why we're here it's a real question i have in my mind i know that enforcement

related to short-term rentals is a challenge it's not easy there are other areas that are also changing relying only people to self-report before tax or your principle place of riots leave times you rely on people to be honest and find ways to enforce the people that are violating the law and send a message we have legislation from supervisor farrell and from the mayor creating a new office to enforce the short-term rentals it is a great idea i have a question why not would be existing law that's been in effect for hundred days and i also have questions about the registration process we've heard if some hosts it is an absolute nightmare to be

registered i have questions about the private right of action i think we all want to have good enforcement but don't want to create a situation federal and state this is all about neighbors suing neighbors they'd one of the pieces of legislation that is a real issue like supervisor farrell i have significant questions about data and enforcement and i think that supervisor farrell hit the nail on the head there are a lot of different areas where for whatever area enforcement it might be great to require facebook or google or whoever else to create data for enforcement but as a matter of proving volumes we may you know, i think we're generally not in support of having the government get mandatory access to all the data we've had a long national

conversation about government assess by the federal government data one of the proposals will require and online service to ed reiskin report data to the government about the user so i have real questions there i have questions for the budget analyst i read the report and thank you for your work but one question i have i know that is a teaming given the housing crisis we're in to say it is all airbnbs fault they're a major contributor to our heirs crisis instead of looking at why we're in the housing crisis we're in today, if i read the b l a report what is referred to

as a immoral hosting i think we're talking about 15 hundred or 2 thousand units if i'm reading that correctly it is 15 hundred to 2 thousand units out of 3 hundred thousand affordable units in san francisco if you put that in context over the last decade we've grown by almost hundred thousand people in san francisco and produced about 24 thousand gave or take affordable units given in that context hundred thousand growth versus 20 thousand i'm not sure of housing i can see why question have the crisis and here 5 hundred to 2 thousand units of hours that number is causing the crisis we have have a good discussion about housing policy and short-term rentals let's not pretend that airbnb is

causing the how's crisis it is so m much bigger short-term rentals is it is important to be very, very clear why we're in the housing crisis we're in today, this city self-produce affordable housing at a fast enough rate we're sluggish in building affordable housing and so let's have that conversation by not pretend that airbnb is the boogie person that 1 hundred units includes people who are living in their homes for 365 and rented out a room for more than 88 days a year if you have

someone that is simply renting out a room and never leave down to go on vacation and renting out their room to make ends meet they're committed as a commercial host i don't know if 15 hundred units is right it maybe lower than that i look forward to the discussion today and let's have a great hearing. >> ladies and gentlemen, there's a couple of rules first of all i have a stack of public comment cards i want to make sure that everyone has a time to speak the rule number one in the chamber is that there is no applause so i'd like to ask you show their spirit if you see something i look do this or a thumbs down as impactful but it

allows us to move forward so everyone can speak now everyone willhave the opportunity you'll hear a soft time with thirty saekz sessions and you must wrap up i'll not allow monument there will be a strict 2 minutes so make sure that everyone has the time to speak so if you have a long public comment i suggest you edit f it now now we've got a couple of reports first i'd like to hear if the planning department and then the budget analyst and then after the budget analyst we'll be ted egging on frots office of analysis so if planning want to

begin hello. >> good afternoon peripheries aaron star management of perspective foyers we've reviewed the short-term rental ordinances at the april 23rd hearing because of the complexity the commission took 15 votes by the recommendations of planning staff the coordinating votes are in the submittal which included in our packet for today is here hearing we voted in fefrmz or terms of the short-term rentals from 90 to hundred and 20 and removing the hosting and non-he heftd definition and pro bono the ellis act for 5 years and including one hundred feet to a designation of parties and direct the mayor to set up a short-term rental office with the tax collector and the

department of the building inspection for the registry program the commission didn't vote in favor of the posting of a listing without saying they're in good standing and requiring the registry to provide the data to the city how many nights the you are talking about is rent and expanding the right of action within hundred feet of private property that concludes my remarks i'll be happy to answer any questions i'm joined by john ramming and emily rogers and scott sanchez the zoning administrator thank you. >> thank you very much next speaker budget analyst. >> oh, i had a. >> - sorry supervisor campos. >> thank you, madam chair have a couple of questions for the

planning staff to director ram for quite a number of months many members of your staff testified xhugd testifying in committee before this board they couldn't endorse that would you say correcting the data from average and other platforms so can you explain what happened then how is that that planning went from saying that data was four months to all of a sudden changing it's tune. >> supervisor director ram what we've been saying the difficult is helpful to our data enforcement and what's not clear how best to get the data while it is our experience we've had from other cities you've seen

from other cities is it so challenging to get the data if rent requiring it there are a number of ways to get the data and staff said in previous hearings requiring the data from the legislation is one way but other ways of getting the platforms to collect the data we also become for acutely warrior aware there is a number of platforms that don't collect the data they not acting on a host between the rental. >> the staff testified before so maybe they can respond can they address the issue of do you building that this law can be enforced without the booking data. >> good afternoon emily rogers thank you for the opportunity i've been looking forward to

clarifying any comments from the previous board about a month ago i said that will be helpful to have the information and that information could be gathered voluntarily or through web scraping or other technological means that's the full breath of any comments comments not really been always invigilant full. >> do i think this law can be enforced without the booking data? >> i think the data would help it is not the only way to enforce the law. >> i don't think my person opinion i concur with the director on his statement. >> okay. i think that answer so to speak for itself that is

part of the challenge here that you have staff that presented information and presented it's prospective and for whatever reason you have the planning director chang that prospective as the formal position from the planning department i think this is sad but i want to ask another question to the planning department in the report that was issued by ph.d student that was tasked to look at this issue there is also - there are two conclusions one about the data the report says that the data is needed and then the second there's a recommendation that there should be fnsz to any hosting platforms

had lists units not registered open the second point did the planning department staff building that there should be fines for platforms that are - list units that have not registered? >> yeah. i mean, i can't speak to that provision that provision of commissioner makras report was in the report for us but nevertheless, the department recommended that aspect of the legislation that would require a register number the commission voted not in favor of that recommendation. >> one question for you, mr. ram if you're not requiring that

the booking data be priority and you're not enforcing fines on platforms h that lists inregistered unit how are you going to enforce the law. >> is it fair to say we've been enforcing many lay in 1 or 2 one form or another up until february it novelists lawful to do a short-term rental whether talking to neighbors or unit or residents and tenants we can do this this tack more time clearly and it is more doesn't even effort but the hard pat of number of days that's a significant system of making that work. >> you know that talking to neighbors and resident that's how you plan to enforce it.

>> that sort of research i'm asking the zoning administrator to talk about that. >> can you tell me how that will work i'm trying to said what enforcement looks like now there's no data to be provide and no requirement that fines be paid. >> thank you scott sanchez zoning administrator in response to our question the questions didn't incorporate the recommendations we think that is much improved on what was in place we have not had a lot of time to implement what is in place we've identified those to the legislation process and the director says we've been tasked with for many years one the greatest resources the violations is neighbors duo to get the neighbor complaint wire

complaint based on the complainant was a day job investigator for the government but was able to give us information that was able to conform it was a short-term rental in violation of the code we have a administration code harvey its story was publicity in a local paper that information that helps us with the enforcement and you know to be clear too at that point it was a violation to be a short-term rental so the burn for proving that was much easier that will that semiimplied with a limited number of days we don't have to determine someone was sleeping through while the unit was being lent out whether there be challenges but we have a diligent enforcement staff. >> so how do you know by the

way, if you don't have to figure out if the person is sleeping there how to do check if so it 60 or hundred days. >> part that have that is hearing what we do from the neighbors if they hear about the length and stay of the bookings and also as ms. rogers in the presentation a couple months ago technical solutions to some software solutions help us glean the information those are the information. >> so there are thousands of units listed on airbnb alone are you going to be talking to the neighbors of the thousands of units is that the plan. >> as currently we're complaint based so when someone has a complaint they can first find out on the website if someone

has an authorization to do a short-term rental if they have authorization then it is a question of the length of stay if it is a longer stay very get it we found thus far the enforcement is the registration program we have a good registration program there's been criticism but effective in weed out the commercial yours that don't live there that's a key part of ordinance and only issue certificates to allow the fees where someone is a resident they're running a unit and on on and on idol the information what the interim found by and large the dense it's they're in compliant with our cap.

>> how many staff do you have to verify this information to talk to the neighbors and the residents. >> we currently have budgeting for 3 positions that's two enforcement and one administrative position and the last budget the planning commission did give authority for an additional 3 positions will will augment our enforcement staff today, our enforcement staff is focusing on the people getting them through the process but hopefully, the budget process we will have adequate improvement. >> thank you, supervisor wiener. >> thank you, madam chair so i have questions for the planning department so mr. sanchez i want to make sure i understand what you said we currently, the planning department is doing short-term

rental enforcement with pits existing enforcement staff it is focused primarily on the registration process. >> so as part of the budget there have or were 3 additional positions to be implemented into this program those positions are primarily focusing on the in take the mrairgsz playgrounds and reviewing those are applications it is an important part insuring those people are residents are given the certificates we have existing staff working on enforcement because again, this is not a new phenomenon we're picturing enforcements on other cases and complaints prior to the phobic dated of this ordinance working with the city attorney's office a really big win on a couple short-term rentals so we work with their office. >> and with the new legislation going into effect in terms of

enforcement beyond getting through the registration process have we've seen any augmentation from what you were doing before. >> no we've been focusing resources on proper and timely review of the applications and not implemented the new enforcement process. >> thank you for clarifying that i - you know, i have as a i mentioned at the beginning a question about the planning department ability to say this is not enforceable when we haven't done what should be done to get you the enforcement resources to do a robust enforcement program the director is correct that's it there's many ways of doing enforcements beyond the step riverside an

internet company to provide information about tare users i don't think that the city i don't want to put this in the placement but the city harassed done what it needs to do to put the resources in to get that company off the ground but you have to get the enforcement program off the ground in order to make an transient decision whether whether or not the law is working or not working and enforceable or not enforceable so in the hundred days this lay has been in effect have you collected data about the compliance with the law about whether people are compiling with the - i mean that would be hard because simply put a cap of

not 90 days on non-hosted rentals that is hundred dazed we've only just passed the 90 day they recalled a week ago law is hundred days old you haven't been given the resources. >> the hard cap takes a big cap we've said the difference between hosted and unhosted was a challenging piece of the follower legislation i say the reason we're spending so much time on the registration process the most important issue is that someone is occupying those units on a full-time basis that's what the registration process takes it - we need clear documentation that someone is living in that

unit and fraternal a fair number of folks are come forward with documentation that shows otherwise this helps us we'd auto a out a few bad actors the may the record show or most important thing to make sure someone it living in the unit. >> how long is it taking your typical person to go through the registration process and how many visits do they have to make to city departments what's the process looking like 0 right now for host. >> thank you for the opportunity to explain there are flow charts renovating around about our progress making is streamlined process the first step to visit our website to review the material and familiarize yourselves and the tax creditors office to provide

the license and schedule an intact with our department and then we review the material and issue a certificate since the effective date we have the material in mid-january for people to be ready to hit the ground running so to speak only february 1st today we've received 6 hundred plus applications for the short-term rental program and issued 4 hundred plus certificates we've found approximately 60 applications may have information that will lead us to building that the person is not the primary resident we have one the complaints we've received we were playing phone tag we have an online scheduling system you can go to the website we have intact appointment available tomorrow so in terms of people come in that's much

more streamlined i think some of the concerns were raised about having to go to the tax collectors office and it may take several weeks to get a license from the tax clorox clorox we're liking looking to streamline that once we get the applications and begin the review our initial timeline for two to three weeks because of the thorough review and also your staff has been working on the perspective improvements extending e spending time with the legislation we're saying that is taking longer up to a month to review and get that back so we're working on certain resources to help improve that turn around time. >> thank you, thank you supervisor farrell. >> thank you supervisor cohen so a few questions first of all, a comment that's been discussed

how to enforce this without day more than anything the host is required to hold the data the number of nights so we have the penalties so i minimal we'll host what they're continuing to have on their own usage but also i think the notion i want to thank the planning department and the entire staff and director ram for that working with my office and mayor's office part of the office of short-term rentals to have the adequate staffing levels that the planning department they need in order to enforce the law we've had multiply reading with the treasurers and tax collectors observation to talk about the streamline process so we can

facilitate and encourage individuals going to list their short-term rentals to register with the city with the times of the enforcement being under the as pies of our city i want to be clear i back and forth, if you will by putting in a hard cap and by creating the office of short-term rentals that will be the assumption adequate staffing in our budget at the board of supervisors do you feel therefore you can enforce the laws we're going to create. >> the hard cap makes a difference in our ability to reinforce that and one of the fundamental challenges of this reinforcing this under not physical evidence for most of the violations you can accountability look at a unit or

building they didn't do something by code you can't do something with that concept the unit looks at the same typically whether someone uses it for a short-term rental it requires investigation and time so as scott sanchez mentioned we have 3 people devoted and 3 more in our budget that's the way more for any mechanism in the department it is 10 people or so we have 6 people devoted to this topic pursue colleagues from my prospective a difference of opinion we have one grave right of action that in my opinion is going to again encourage neighbors so neighbors have to incentivize them to seek civil penalties against their neighbors on the other hand, and to jump the city process and not