If you’ve ever tried booking a place in San Francisco, or thought about listing your own, you’ve probably encountered or heard about the complexity of the short term regulations San Francisco. Since legalizing short term rental in San Francisco in 2015, the city has developed one of the most comprehensive regulatory frameworks for short term rentals in San Francisco.Â
The city now requires hosts to meet clear eligibility, registration, and reporting standards, particularly for those using platforms like Airbnb or VRBO. This guide outlines the most up-to-date Airbnb San Francisco rules and requirements to help you stay compliant and host responsibly in San Francisco.
Between the Office of Short Term Rentals San Francisco (OSTR), registration rules, tax requirements, and Airbnb-specific restrictions, it can feel a bit intimidating. However, once you understand the Airbnb rules San Francisco, you’ll be able to manage hosting San Francisco Airbnb rental.
This guide will help you understand the complexity of the San Francisco Airbnb regulations, focusing on what you only need to know to operate legally, stay compliant, and avoid penalties and fines and how Airbnb rental management, like Guestable, can help you manage your property. Whether you’re a potential host, a property owner, or someone just trying to understand San Francisco short term rental laws.
What are the Short Term Rental Regulations San Francisco?
At its core, the San Francisco short term rentals law, formally known as the Short-Term Residential Rental Ordinance, is designed around one fundamental principle, which is your rental must be your primary residence. This is not a side gig for investors with multiple properties. It is strictly intended to allow permanent local residents to occasionally rent out their own homes.
Here are the (Short-term Rental) STR laws that you should know:
The Primary Residence Rule: The Anchor of STR Laws
To legally operate, you must prove your rental unit is where you permanently reside. This is the bedrock of all San Francisco short-term rental laws.
- Permanent Residency Defined: You must occupy the unit for a minimum of 275 nights per calendar year. That’s roughly 75% of the year.
- Initial Requirement: You must have lived in the unit for at least 60 days before you can even apply for a Short-Term Rental Certificate.
- One Unit Only: You can only register and rent out the specific unit in which you live, even if you own a multi-unit building.
The 90-Day Unhosted Cap for Short Term Rental in San Francisco
This is where the law truly restricts full-time apartment conversions.
- Hosted Rentals (Sharing a Room): If you are present in the unit during your guest’s stay (e.g., renting out a spare bedroom), there is no limit on the number of nights you can host per year.
- Unhosted Rentals (Renting the Entire Unit): If you rent out your entire unit while you are away, you are limited to a maximum of 90 nights per calendar year. This cap ensures the property remains a home, not a hotel.
Registration with the Office of Short Term Rentals San Francisco
The Office of Short Term Rentals San Francisco is the city office regulating STR laws.
To register, you must provide:
- Proof of residency
- Proof you live in the home
- Proof of insurance
- A local contact who can respond to issues within 2 hours
Once approved, you receive a San Francisco Short-Term Rental Certificate that must appear on your Airbnb listing.
Payment and Collection of San Francisco Tax
San Francisco imposes a 14% Transient Occupancy Tax, and Airbnb automatically remits it for most bookings.
Still, hosts must keep accurate records for the San Francisco tax filings.
How to be in Compliance with the Airbnb San Francisco Rules
Compliance is a two-part process involving two separate government offices. You need to obtain two different documents, and your failure to do so is the main trigger for the OSTR to issue penalties. Here’s a guide on how to open a short-term residential rental.
Step 1: Get Your Business Registration Certificate
First, because the city considers short-term rental activity a business, you must register with the San Francisco Treasurer & Tax Collector’s Office.
- Action: Apply for a Business Registration Certificate and obtain a Business Account Number (BAN).
- Cost: While the certificate itself is free, there is an annual fee you must pay to the Rent Board.
- Why it Matters: You need this BAN before you can apply for your main short-term rental license.
Step 2: Obtain Your Short-Term Rental Certificate
This is the main license issued by the OSTR.
- Action: Submit a complete online application to the OSTR.
- Key Requirements:
- Proof of Primary Residence: You must provide at least two approved documents (like a valid California Driver’s License or voter registration) showing your address.
- Business Registration Certificate: Your BAN from Step 1.
- Liability Insurance: Proof of property liability insurance coverage. Airbnb Management San Francisco offers this coverage, but you should confirm.
- Application Fee: The non-refundable application fee is substantial (currently $925 for a two-year certificate, as of the latest updates).
- Ongoing Compliance: Once certified, you must display your OSTR certificate number on all listings (e.g., Airbnb, VRBO, etc.).
Step 3: Collect and Remit San Francisco Tax (TOT)
All rentals for less than 30 days are subject to the city’s Transient Occupancy Tax (TOT).
- Tax Rate: The TOT rate is 14% of the gross rent.
- Responsibility: As the host, you are responsible for collecting this tax from the guest and remitting it to the city.
- Platform Role: Many hosting platforms, including Airbnb, collect and remit the TOT on your behalf. However, you are legally responsible for confirming this is done correctly.
Step 4: Quarterly Reporting
Certified hosts must file quarterly reports with the OSTR detailing their rental activity. This is the city’s way of monitoring the 90-day unhosted cap and ensuring overall compliance.
- What to Report: Dates rented, whether you were present (hosted or unhosted), the platform used, and the amount paid for each stay.
San Francisco Weekly Rentals & Short Term Housing
For guests looking for San Francisco weekly rentals, the STR rules still apply. Weekly stays fall under short-term rental rules because they are fewer than 30 days.
If you’re searching for a short term apartment rental San Francisco, short term housing bay area, short term housing in San Francisco. They are also subject to OSTR regulations unless the property is a traditional hotel, licensed serviced apartment, or corporate housing provider.
San Francisco short-term rental laws have some of the strictest STR laws in the U.S, but that doesn’t mean hosting is impossible. Once you understand the rules, stay within the 90-night cap, and register with OSTR, short-term housing in San Francisco becomes straightforward and rewarding.
Successfully navigating short term rental regulations San Francisco requires diligence, attention to detail, and a commitment to operating within the city’s framework. The primary residence rule is your biggest commitment, and obtaining the correct certificates and paying the San Francisco tax is your main compliance requirement.
If you want stress-free hosting, expert compliance support, and better occupancy rates, consider working with a short term rental management specialist. This approach is popular not only in San Francisco but also in other high-regulation markets like Los Angeles, where hosts often seek Airbnb Management Los Angeles services to stay compliant with Los Angeles Airbnb laws and maximize earnings.
Our expert virtual property management team handles Airbnb rental management so you don’t have to. From the OSTR, the quarterly reports, the tax remittance, and the daily guest management, to ensuring you are always legal and profitable. Partnering with a vacation rental property management or Airbnb rental management company, like Guestable, ensures your property, whether an Airbnb in San Francisco Bay Area or or a short term apartment in San Francisco, handles the Airbnb property management efficiently.