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tv   [untitled]    May 18, 2015 2:00pm-2:31pm PDT

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 bad and should be contracted down on and eliminated as opposed to many people about are living in the unit and either renting out a room or when they go on vacation or in some way living in a unit and also deretrofitting income from that unit to try to make ends meet in this very, very
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expensive city and, of course, no other legislation is perfect but we struck a balance and if we pass the legislation the mayor signed it the operator active date are for legislation was february 1st of this year which is if i'm counting correctly around hundred days ago from today so this legislation has been in effect for hundred days but on the 31 days the planning department told the economy of this board that was effectively unenforceable so we immediately started to see legislation introduced 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 -
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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
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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
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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
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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 hea