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>> good afternoon, everyone.

ladies and gentlemen, good afternoon we are going to begin thank you for your patience this good afternoon the the meeting will come to order that is the regular meeting of land use commission i am supervisor cohen i'm the chair to the right is supervisor wiener vice chair and ttd is supervisor campos who will be sitting in for supervisor kim so for today is meeting our clerk andrea ashbury also want to recognize john did i live iron and jennifer lowe as a point housekeeping is a room 263 the overflow room. >> before we oh, madam clerk,

any announcements? >> yes. completed speaker cards and documents to be included should be submitted to the clerk. items acted upon today will appear on the june 2nd board of supervisors board of supervisors agenda unless otherwise stated. >> thank you very much okay. so before we begin we call before today's items i want to outline for the members of the public what you're process will be here in hearing those items all three of those items will be can you do together and public comment will be taken once all 3 items once we hear all the items please file obvious our speaker cards blue cardio's located on the railing please return to the clerk before tang public comment we'll hear from each the sponsors and the planning department and hear from the budget analyst and

finally, the office of economic analyst madam clerk calls 1, 2, 3 together. >> item one an owners to rise the short-term rentals to no more than 60 days per calendar year the second item is the short-term rental no more than hundred and 20 are dlaurndz and 3 amending administrative code to prohibit units from the use of short-term rentals. >> thank you madam clerk first opening statements from supervisor avalos. >> i think that supervisor cohen runs a tight ship i'll try to on behalf of here

thank you, madam chair i'll start by saying i imagine it is probably something that all of us can agree on the existing law is not working the system is a broken legislation i have introduced along with supervisor mar and commissioner avalos as co-sponsors creates a short-term rental lay that works by adding strong enforcement mechanisms specifically requiring hosting platforms to list r0r7b8gd unit and rigging them to provide data to the city and creating a 60 day limit on the short-term rentals as i've said optometry occasion i'm repeat it i support home sharer i or that home share has a place in san francisco i want to thank the home shares thank you for hearing from you my door

remains open for dialog i support casual hosts that are using this as a way to make ends meet it is the only way to stay in san francisco for some we recognize that but left you think regulated this industry about continue to stop the housing by incentivizing taking off the home rental markets a number of things have taken place which pointed two facts one short-term rentals are impacting housing, and without and second without strong enforcement short-term rentals the law that regulated them is might have seen also, we should look at what has happened in other parts the country in approving or disapproving we learned that enforcement of the

short-term rentals a impossible when platforms they recently changed the laws to host platforms with unregistered units in sacramento r santa monica that he abandoned hosting out right a unanimous vote of that body and on the city's like la s are caring option there is a right report in la more than 7 thousand housing and apartments have been taken off the rental market in la for short-term rentals and here i want to it is harvey rose and fred and his team we have a report issued by the budget analyst which was issued last thursday that found airbnb

is having a significant impact on the how's market taking up 13 hundred and 2 thousand entire units off the housing in the city and county of san francisco i want to note this report is urban equitable conservative it is based on 2013 data by it confirmed airbnb rentals are vice chair a detrimental impact on long term hours for our residents we need strong measures that effectively endorse the law in the middle of the housing crisis it industry is q and a baiting the problem i want to distinguish between two types of hoftsdz in the report casual and commercial hosts how discussing the short-term rentals of housing casual hosts

are those who rent occult their homes for less than 48 days and commercial for registration longer than that the reports have casual hosts are not impacting the housing vainl availability and again not on the casual hosts but the casual users the airbnb 3 rent out entire units are having a detrimental impact on housing citywide commercial hoeftsz those who rent their units for more than hundred and 58 days represent 23 percent of all vacant a quarter of all vacant units in the mission as high as 40 percent of vacant units are aaron airbnb in the hate it is 43 percent and the castro up to

35 percent, in potrero hill up to 32 percent and disturbing here in the mission have seen the highest nukes of evictions and one of the largest number of airbnbed unit we have 2 and a half months of looking at those reports we have a problem we can't address this housing crisis without improperly ritz carlton short-term rentals and i want to thank the budget analyst so for the recommendations it provide one requiring host platforms to provide data to the city it involves the addresses of short-term rentals where they're taking place and the number of nights their booked and second requiring the hosting platforms to list the registered units on the website we are talking about those are both part of my registration and the

budget analyst recommendations that we cap the number of nights of short-term rentals they state that a 4 to 60 day cap i'm proposing will lead to a 27 percent reduction i have airbnb units the fact that short-term rentals are taking housing off the marketed in the middle of this brutal housing crisis is unacceptable between 13 hundred and 9 hundred units are off the market in san francisco we need to provide context we heard from the mayor and i support having a housing bonds on the ballot this year, the mayor is proposing a $250 million housing bond i think this is important to go to the voters and ask they help fund affordable housing yet if you use the desirability of that

$250 million your talking building one thousand units of affordable housing yet when it comes to short-term rentals backings bans this report we're losing as much as do you believe that amount so as a voter i think we need to ask okay. we have a role to play in funding affordable housing i'm happy to do that but why give the city for money if the city can't deal with this crisis when the double amount of units are taken off the market why should the voters be the ones that foot the bill for a crisis it's a alone confessing e exacerbated by this $20 billion corporation many voters will have that question when it goes to the voters in november

i've been accused of changing the regulations to the short-term rental industry willow at the same time talking about a 1 o'clock housing moratorium in my district let me be clear i don't believe that the positions are inconsistent i'll say relative to the luxury housing moratorium it is within the confines of supply and demand how the market works the only way that the city is going to be competitive and actually acquiring the limited land available to build affordable housing we have a pause on luxury hours so the city can buy the land and build affordable housing for the middle-class and for the working-class we're

seeing the impact of the urban regulated airbnb and in the commission rentals are being taken off the market because of the lack of registration so colleagues, i ask you to support any legislation this is a critical legislation to protect the long term housing it is the best affordable housing we have i think uncommon keflt said the affordable housing that has been built we need to protect that affordable housing this is what that is about i'll ask airbnb i don't agree with the chronicle but they acknowledged the heirs market is being impacted by the airbnb but the chronicle remedies the average is correct

instead of trashing us they have recognize this system right now is broken and what we're facing in neighborhoods like the mission is incredible they need to take responsibility for the fatigue that their business model hases batted this housing crisis we have a legislation from supervisor kim i want to note a couple of key points what we're mroep first a key component is prohibiting the airbnb platforms not on the short term register and feinstein them if they list

the units unregistered the fact that implementation is not going to happen unless we hold airbnb accountable and right now no affordability a on the only a couple hundred of units are registered and thousand of units are being listed on airbnb platform alone they know their listing unit and making money off the illegal activity and emily rogers of the planning department has received to the penalties i quote as the lynch pin felt city's plan i want to acknowledge that the planning commission didn't ultimately recommend this affliction a 3 4 split even with pleading with the staffers i'm sorry the commission didn't listen to its own staff the 3 board appoints i

see commissioner richards supported this i'm grateful he did that you know those of us who follow what happens in city hall probably shocked to read in the examiner how that vote went down it is sad that is how it happened second point in any legislation inquires the hosting platforms to provide data to the planning department i understand that the plant has a different position now but for the first if i months for the last few months of this debate planning department has staff has been clear that they're now going to be able to enforce the law without the data the budget analyst came to the same ku klux klan conclusion i think that is correct i disagree with the new position i have yet

to understand how they're to enforce the law without the data and thirldz to have the planning department i want to be clear we are going to protect the confident of the information as a taxpayer i pay my taxes and small businesses pay taxes to the government provide confidential information and the city protects the confidentiality of that information that will be afforded to the protection through this process and the fourth thing amend the definition the parties so we provide stability to protect their interests and the final couple of points allowing the interested parties to take mrarmdz to court where an application in a building in short-term rentals to 60 days i'll say and end with this i

think that what we do or not do in this committee and substantially at the board of supervisors will be a very important point in terms of how this board of supervisors and how the city government is seen by san francisco are we're going to be intimidate by the tactics of a $20 billion corporation or actually going to hear from our neighbors and respond to their concerns i hope that the skewer is is we'll hear if the communities and pass regulations that actually regulate this industry but ultimate if we fail to do that this decision is not going to be decisions here in people in the building fail to do the right thing we know in the end this item will be and should be

taken to the voters and if city hall fails to do its job the city and county of san francisco will have the final say now i want to add one more point supervisor kim and i have spoken about an amendment she'll like to see in my proposal i'm willing to amend my private right of action to he will amend it to shorten the 60 day waiting period after on interested party files a complaint to shoirlg it to thirty o thirty days if this amendment a maid she'll withdraw the private right of action in her proposal so at the predicament time apologizing i'd like to make a motion to make that amendment. >> thank you supervisor campos

at the appropriate time we'll discuss the amendment ladies and gentlemen, i'd like to give supervisor farrell an opportunity to make opening remarks at this time. >> thank you, madam chair last year, we passed a regulatory framework for short-term rentals we know that topic is having a thousand points of view from my prospective that was a starting point incidence that times interested parties out of city hall have continued to look at the legislation and it's backs and towards an effort to get the law right i fully believe we should support home sharers in san francisco but we must protect it to protect the housing stock that will be enforceable and streamline the city's registration so that host and others individuals that want to

comply with the law are able to do that we want them to be good actors in the law we must insure to keep our city from turn go short-term rentals and strike a billion necessary to achieve that so our residents can thrive and share their home to make ends meet in now the most expensive city in america how we approach this this is extremely important to strengthen and streamline our current framework and processes i do believe that mayor lee's and my legislation strikes that balance we have a point of view that includes the following a hundred and 20 day hard coop on short-term rentals this is the planning they needed

in order to make this law enforceable and treating all short-term rental hosts by striking the currency laws fine motivating hosting and non-hosting and the city's private right of action neighbors within one feet to seek remedies of those violating the short-term rentals law in order to further mitigate the quality of life issues in the neighborhood and more importantly from my phonetics creating on office of short-term rental administration and enforcement that provides a single location for members of the public to both apply for the city register and the city staff to enforce the law a one-stop shop that is a physical location for all short-term rentals needs around registration and enforcement or making one minor amendment to the city's office lo which

willable the planning department to enforce the components of law and turn them from bad actors we're going to ask if the property has been ellis acted so we don't reward hosts every single one of our proposed amendments have been recommended by the planning commission after much deliberations and public input our proposed reforms take a holistic approach towards short-term rentals in san francisco if we as a result board are serious been a regulatory framework in san francisco i believe we have to put forward and encourage the incentivize laws to follow so they don't continue to build their own website or go

underground we seek to address even though industry as a whole rather than talk the walk the members on one company walk airbnb your amendments make sure we protect the city's housing stock and streamline the host and make the law fully enforceable by investments now, while i appreciate my good colleagues supervisor campos and the b's l a report they continue to focus on prohibitions this sets a precedent around personal information to the government to be clear again those recommendations are solely targeted against one company airbnb and fail to take into account other platforms or sites in the myriad of effects but with those requirements home away or flip eco or craigslist or trip advisory or the

thousands of website hosted by individuals should google maps innovative the government every time someone goes one mile-per-hour over the target some google alert on- if your answer is no those proposed changes don't need to be in city hall they'll have the opposite effect they're serious questions about whether another platforms or individuals that run their own personal sites to list their personal properties will be able to comply with that requirement i have serious questions iuoe how the city will enforce and the short-term rental host if it city makes a mistake i believe this requirement will have the urban at the end consequence of punish people off of earning

that simply doesn't have the data and not able to comply with the requirement and the issue of short-term rentals will bees bard as a result of san francisco and not have the tools to enforce the law and protect our housing stock and defend the quality of life one of the things in my opinion is to incentivize short-term rental hosts to sign up for the host so the bad actors are easing easier to see in regards to enforcement if the requirements are to be included there's no denying the item and the applications are changing traditions we've come to know and understand i believe that government has and should play a significant roll in issues

steaming in technology and services impact the public's fear whether housing, transportation or labor issues we address those but i believe that government needs to avoid healing heavy regulations that incentives people to work outside of our frame home sharers are here to stay and protect our cities housing stock and incentivize hosts by the streamline the registration process and clearing the element the of law to be fully enforceable i believe that mayor ed lee and my amendments strict this balance to exist in the city and colleagues, i ask for your support. >> thank you very much supervisor wiener. >> thank you very much madam

chair and thank you for everyone come out on all sides of this issue so last fall that board after a very, very extensive process by the authors of the legislation then supervisor david chiu passed legislation for the very, very first time regulating short-term rentals there's been not regulation before it was the windshield west and passed that legislation the legislation tried to do what i think many people want to see what happened then and that is to be able to go after the bad actors people that are using housing stock nothing but short-term rentals with no residents and people that are engaging in evictions and creating spaces for short-term rentals i think we all agree are b