# Short-term rental rules in San Francisco, CA - Status: **HEAVILY REGULATED** - Last checked: 2026-09-08 (claims cite official sources; items we could not verify are listed below) - Canonical page: https://strwatch.ai/san-francisco-ca/ ## Summary San Francisco's residential short-term-rental program is limited to the host's primary home. Hosts generally must live there at least 275 nights per year, have lived there for 60 consecutive nights before applying, and register the business and rental. The posted OSTR application fee is $925 for a two-year certificate; eligible applicants may host while a complete application is pending. Unhosted stays are limited to 90 nights per year; hosted stays require the host in the unit overnight. Liability coverage of at least $500,000, rental records and quarterly reports are required. Guest stays generally carry 14% Transient Occupancy Tax; hosts also owe the applicable TID assessment. Property exclusions and conflicting official guidance on fines and Ellis Act evictions require care. ## At a glance - Unhosted whole-home rental: Conditional - Hosted rental (host present): Conditional - Primary residence required: Yes - Guest cap: none verified - Rules apply to stays under: 30 days Notes: Only a natural person may register their primary home, not a separate unit in the same building. The usual residency requirement is 275 nights per calendar year; for a unit not owned or rented for the full preceding year, current code and OSTR guidance specify at least 75% of the days owned/rented. Sixty consecutive nights of prior residence are required. Unhosted stays are capped at 90 nights; even unhosted 30-plus-night rentals count against time living at home. Hosted stays require the host overnight inside the same unit, not elsewhere on the property. OSTR clarifies a maximum of five simultaneous distinct renters across short-, intermediate- and long-term stays; a couple sharing one reservation counts as one renter, so this is not a five-person guest cap. Ineligible categories include income-restricted/public housing, dormitories, ADUs/JADUs, group housing, nonresidential or unsafe sleeping spaces, and properties in Treasure Island, Fort Mason or the Presidio. Certain SRO tourist rooms and authorized tourist hotels/timeshares follow separate rules; live/work hosting is confined to the legal residential portion. OSTR describes post-November 1, 2014 Ellis Act evictions as disqualifying, but current section 41A.4 specifies a five-year pre-application lookback; confirm eligibility rather than assuming either a permanent ban or automatic clearance. Rent-controlled hosts' monthly rental charges/fees cannot exceed their rent. Private leases, HOA rules and CC&Rs may independently prohibit hosting. OSTR states there is no coastal-zone exception. Switching to longer rentals may trigger separate Intermediate Length Occupancy permitting rather than eliminate all permitting. ## Requirements ### Short-Term Residential Rental Certificate (registration with Office of Short-Term Rentals) (registration) - Authority: Office of Short-Term Rentals, SF Planning Department - Cost: $925 nonrefundable application fee under the schedule effective August 31, 2026; two-year certificate - Renewal: Every 2 years from approval; OSTR says it emails renewal/reapplication instructions within one month of expiration. - Official source: https://sfplanning.org/str/faqs-short-term-rentals - Notes: Register the business first, then submit at least two residency documents (no more than one utility bill), insurance evidence and the other application materials. Initial and renewal applications must establish continuing eligibility; code requires renewal evidence of at least 275 days in each of the two preceding calendar years. OSTR permits hosting during a complete pending application's review only while residency, code compliance and other operating requirements are met; list the unique application record number until approved, then the certificate number. Platforms need not activate pending listings. OSTR notifies owners/co-owners; RH-1(D) applications have notice to owners/occupants within 300 feet and a 45-day review hold. The certificate cannot transfer to another owner or dwelling, and only one registered host may offer a unit. Current renewal fee remains unverified. ### Business Registration Certificate (registration) - Authority: SF Office of the Treasurer & Tax Collector - Cost: $55 city fee + $4 state fee at $0–$100,000 prior-year SF receipts for 2026–27, unless exempt; higher receipts have other tiers - Renewal: Annual April 1–March 31 registration year; renew by the last day of February starting in 2026 (the 2026 deadline was March 2). - Official source: https://www.sftreasurer.org/business/renew-business-registration - Notes: Register 'Accommodations' at the actual unit address before applying to OSTR. Treasurer's 2026–27 instructions exempt the city registration-renewal fee if hosting is the only business activity, there are no employees/payroll, and rental income is solely from one residential structure with fewer than four units, a cooperative housing corporation, or one residential condominium. Annual renewal is still required. Whether the $4 state fee is also waived for that host exemption is unresolved. Initial-business proration and other applicable business taxes require separate assessment. OSTR's May 31 renewal guidance is superseded by the Treasurer's 2026 instructions. ### Property liability insurance (insurance) - Authority: Office of Short-Term Rentals (Admin Code Ch. 41A) - Cost: not verified - Renewal: Maintain coverage for every short-term rental. - Official source: https://sfplanning.org/str/become-certified-host - Notes: Maintain aggregate liability coverage of at least $500,000 appropriate for STR use, or conduct every transaction through a platform providing equal or greater coverage. Section 41A.5(g)(1)(D) requires coverage to defend and indemnify owners as named additional insured and tenants in the building for bodily injury/property damage arising from the STR use. Confirm the actual policy terms; a platform's name alone does not establish coverage. ### Quarterly rental activity reports (other) - Authority: Office of Short-Term Rentals - Cost: not verified - Renewal: Quarterly — due within 30 days after each quarter ending Mar 31/Jun 30/Sep 30/Dec 31 - Official source: https://sfplanning.org/str/maintain-your-certified-host-status - Notes: All certified hosts must report the number of hosted and un-hosted nights each quarter, including a zero report if there were no stays. Pending applicants neither need nor can file these OSTR reports. Keep two years of host records demonstrating primary residence, owner-occupied/rented days and insurance, and supply them to OSTR on request. ### Transient Occupancy Tax and TID reporting (other) - Authority: SF Office of the Treasurer & Tax Collector - Cost: not verified - Renewal: Annually by January 31; next business day if a weekend or holiday, unless all transactions are covered by qualified website companies. - Official source: https://sftreasurer.org/business/taxes-fees/transient-occupancy-tax-tot - Notes: Residential hosts do not need a Certificate of Authority. Hosts not operating exclusively through qualified website companies must file and pay annual TOT and TID, including zero-receipt returns; report by the year of occupancy, not advance payment. Airbnb, Interval International and misterb&b are the Treasurer's listed QWCs and collect/file/remit the covered transactions. Direct bookings and other platforms are not automatically covered. Check any exemption before omitting tax. ### Business Personal Property Statement (Form 571-STR) (other) - Authority: SF Office of the Assessor-Recorder (per sf.gov STR guide) - Cost: not verified - Renewal: As requested in the Assessor's annual notice; when required, due May 7 - Official source: https://sfplanning.org/str/maintain-your-certified-host-status - Notes: Hosts report taxable business personal property as requested by the Assessor. A host who previously filed may not need to file again; the annual notice controls whether Form 571-STR is required. ### Posted safety information and compliant premises (other) - Authority: San Francisco Planning Department / Office of Short-Term Rentals - Cost: not verified - Official source: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-27965 - Notes: Post a clearly printed sign on the inside of the front door identifying fire extinguishers in the unit/building, gas shutoffs, fire exits and pull alarms. Sleeping areas must be legally habitable; the unit and property must be free of outstanding code enforcement. OSTR may request a site visit; a routine inspection schedule or separate safety-equipment specification is not established here. No exterior STR signage. Hosted and unhosted offerings need separate accurate listings, with hosted listings expressly stating the host will share the unit overnight. ## Taxes - **Transient Occupancy Tax (TOT / hotel tax)**: 14% — applies to Rent for stays under 30 days, subject to exemptions. Guest pays; host or covered QWC collects. The Treasurer lists permanent-resident, qualifying organization, government-official-business and low-rent (below $60/day or $149/week) exemptions; detailed qualification/documents require confirmation. QWC collection applies to Airbnb, Interval International and misterb&b transactions, not every platform or direct booking.; platform collects: yes. Source: https://sftreasurer.org/business/taxes-fees/transient-occupancy-tax-tot - **Tourism Improvement District (TID) assessment**: 2.25% (Zone 1) / 2.00% (Zone 2) — applies to Host gross revenue in the applicable TID zone; the assessment may be passed through as a separate item. Residential hosts generally do not owe the Moscone Expansion District charge and should not recover it from guests unless actually subject to it. Named QWCs collect/file covered TID transactions; other bookings remain the host's responsibility. Confirm the property's zone.; platform collects: yes. Source: https://sftreasurer.org/business/taxes-fees/transient-occupancy-tax-tot ## Enforcement - Penalties: The fee schedule effective August 31, 2026 lists $484 per day. OSTR program pages say administrative penalties are at least $484 per dwelling per day from notice until abatement. Current section 41A.6(d) instead states maximums of four times $121 ($484) for an initial violation and eight times $121 ($968) for repeat violations; the minimum/maximum conflict and any updated administrative rate remain unresolved. Repeat violations can lead to one-year registry removal and additional penalties up to $1,000 per day for continued unlawful listing. Section 41A.5 separately authorizes City civil actions with up to $1,000 per day if the City prevails, and misdemeanor punishment up to $1,000 and/or six months in jail. Qualifying interested parties may bring private civil actions only under the section's procedural conditions; they cannot recover the City's civil penalties. These remedies are not an automatic combined fine. - Platform liability: Section 41A.5(g)(4) requires reasonable care to confirm lawful registration before providing paid booking services, compliance affidavits by the fifth of each month, and transaction/host/registration records for at least three years after the end of the transaction's calendar year, available on lawful request. Platforms must provide hosts a notice of the residency, registration and tax rules and retain tax-remittance evidence. OSTR's platform guidelines describe liability for continuing booking services more than two business days after notice that a listing is ineligible. QWC tax arrangements are separate from general platform registration duties. - Notes: OSTR accepts complaints, including anonymously; continuing noise/event/party complaints can jeopardize certification. Under section 41A.6, a notice-of-violation hearing request is due within 30 days; the hearing occurs within 45 days of request, decision within 30 days of hearing, and judicial review must be sought within 20 days of service of the decision. Penalties/costs are payable within 30 days of certified mailed notice and unpaid sums may become a property lien. Separately, OSTR's FAQ gives 30 calendar days to appeal application denial or certificate suspension/revocation; hosts must remove listings and cancel pending STR stays despite an appeal. Outstanding code violations can suspend registration until cured. ## Unresolved research items - Current OSTR fee is $925 for application/two-year validity; the current renewal/reapplication amount and initial business-registration proration remain unverified. - OSTR guidance describes all post-November 1, 2014 Ellis Act evictions as disqualifying, while current 41A.4 specifies evictions within five years before application if after that date. Obtain OSTR confirmation for an affected property. - OSTR pages call $484/day an administrative minimum, while current 41A.6(d) says a maximum of four times $121 initially and eight times for repeats. Confirm the operative rate and reconcile minimum-versus-maximum wording. - Business-renewal fee exemption is verified for qualifying host-only/no-employee operations; treatment of the $4 state fee for those exempt hosts remains unresolved. Other business-tax applicability depends on the host's full activities and receipts. - Exact TID zone boundaries, detailed TOT exemption documentation, tax-record retention and tax-specific penalties remain incompletely verified. Named-QWC collection does not establish collection by other platforms. - Guest-person cap, detailed fire/building equipment standards, routine inspection fees/intervals and specific parking/noise requirements remain incompletely verified. Five simultaneous distinct renters is not a five-person cap; actual private documents require individual review. - Current court disposition of historic platform litigation and any new relevant litigation remain unverified. SB 346 requires local opt-in; no official San Francisco implementing ordinance was established in this audit. ## Sources - Guide to opening a short-term residential rental — SF.gov (official, accessed 2026-09-07): https://www.sf.gov/guide-opening-short-term-residential-rental - FAQs on Short-Term Rentals — SF Planning, Office of Short-Term Rentals (official, accessed 2026-09-08): https://sfplanning.org/str/faqs-short-term-rentals - Become a Certified Host — SF Planning, Office of Short-Term Rentals (official, accessed 2026-09-08): https://sfplanning.org/str/become-certified-host - Maintain Your Certified Host Status — SF Planning, Office of Short-Term Rentals (official, accessed 2026-09-08): https://sfplanning.org/str/maintain-your-certified-host-status - Complaints and Enforcement — SF Planning, Office of Short-Term Rentals (official, accessed 2026-09-08): https://sfplanning.org/str/complaints-and-enforcement - Transient Occupancy Tax (TOT) — SF Office of the Treasurer & Tax Collector (official, accessed 2026-09-08): https://sftreasurer.org/business/taxes-fees/transient-occupancy-tax-tot - OSTR Short-Term Rental Guidelines for Hosting Platforms (implementing Admin Code Sec. 41A.5(g)(4)(C)) — official PDF (official, accessed 2026-09-08): https://sfplanning.org/sites/default/files/documents/ostr/OSTR_Platforms_Admin_Guidelines.pdf - Ordinance No. 104-16 (File 160423) — Admin Code Ch. 41A hosting platform verification and penalties — SF Board of Supervisors archive (official, accessed 2026-07-16): https://sfbos.archive.sf.gov/ftp/uploadedfiles/bdsupvrs/ordinances16/o0104-16.pdf - Ordinance No. 218-14 — original short-term residential rental legalization amending Ch. 41A — SF Board of Supervisors archive (official, accessed 2026-07-16): https://sfbos.archive.sf.gov/ftp/uploadedfiles/bdsupvrs/ordinances14/o0218-14.pdf - SB 346 (2025-2026) Short-Term Rental Facilitator Act of 2025 — California Legislative Information (official, accessed 2026-09-08): https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB346 - Current SF Administrative Code 41A.4 definitions (official, accessed 2026-09-08): https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-27955 - Current SF Administrative Code 41A.5 requirements and remedies (official, accessed 2026-09-08): https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-27965 - Current SF Administrative Code 41A.6 administrative enforcement (official, accessed 2026-09-08): https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-27976 - 2026–27 SF business-registration renewal (official, accessed 2026-09-08): https://www.sftreasurer.org/business/renew-business-registration - 2025 tax year / 2026–27 SF registration instructions (official, accessed 2026-09-08): https://sftreasurer.org/annual-business-registration-and-tax-form-instructions-25-27 - SF Planning fee schedule effective August 31, 2026 (official, accessed 2026-09-08): https://feecalculator.sfplanning.org - SF Planning FY2026–27 fee schedule landing page (official, accessed 2026-09-08): https://sfplanning.org/resource/fee-schedule-applications --- Educational information, not legal advice. Published by STRWatch (Laniakea Technologies LLC).