Ineligible properties (where short-term rentals are not allowed), and rules for Live/Work Units & Hotels

Certain types of properties are never eligible for short-term rental. Please contact us at shorttermrentals@sfgov.org if you are not sure how your property is classified.

  1. Income-restricted affordable housing, including Below-Market-Rate (BMR) units and public housing.
  2. Student housing, dormitories and Single-Room-Occupancy (SRO) buildings.
  3. Buildings subject to an Ellis Act (No Fault) eviction after November 1, 2014 (even if by a prior property owner).
  4. Legally-established Accessory Dwelling Units (ADUs), a specific type of "in-law" or "granny flat" approved by the Department of Building Inspection. Only rentals/listings for 30 days or longer, per guest (30-day minimum stay), are allowed in ADUs. Please note that "housekeeping units" are not classified as ADUs; but are considered an entirely separate individual dwelling unit. Short-term rentals hosts must live in the same individual dwelling unit, so they could not reside in the main unit and utilize the "housekeeping units" for short-term rentals (or vice versa).
  5. Sleeping quarters in most shipping containers and outdoor areas, including tree houses.
  6. Sleeping quarters in vans or recreational vehicles (this may also violate the Police Code).
  7. Non-residential areas within buildings, such as living/sleeping quarters added in garages.
  8. Commercial office/retail or industrial (warehouse) spaces.
  9. Properties located in Treasure Island, Fort Mason, or The Presidio.
  10. Boats or similar watercraft (prohibited by Harbormasters); unless a sole operator at Pier 39 not subject to OSTR registration.
  11. Group Housing properties, which are subject to the Planning Code (plus other Building & Housing Codes), and are not eligible for registration as a short-term rental under Chapter 41A of the Administrative Code. Legal Group Housing properties may offer stays of no less than seven (7) days per guest.

Rules for Residential Hotels

  • A limited number of Residential Hotels are allowed to offer tourist hotel (short-term) stays in a portion of their rooms, based on a list maintained by the Department of Building Inspection.
  • Those specific rooms may be offered for tourist stays without registering with the Office of Short-Term Rentals. Operators may list these tourist-licensed rooms using their business account number (BAN) issued by the Tax Collector, in lieu of a short-term rental registration number.

Rules for Tourist Hotels or Timeshares

  • "Tourist Hotels" (which are different from Residential Hotels), and Timeshare properties (if approved as a timeshare unit by the Department of Building Inspection) are allowed to offer tourist hotel (short-term) stays in all units.
  • Tourist Hotels and Timeshares are not required to register (nor eligible) with the Office of Short-Term Rentals. These properties may still require a (separate) business registration certificate from the Office of the Treasurer & Tax Collector. Operators may list these specific units using their business account number (BAN) issued by the Tax Collector, in lieu of a short-term rental registration number.
  • Timeshare properties include 586-598 Bush Street (even numbers only), 2198 Jackson Street, 1000-1006 Pine Street (even numbers only), 2655 Hyde Street, 3000 Pine Street, 329-333 Fulton Street (odd numbers only), 441 Mason Street, 501 Post Street, 710-730 Powell Street (even numbers only), 690 Market Street, and 900 North Point Street, 726 Sutter Street and 750 Sutter Street.

Rules for Live/Work Units or Artist Live-Work Units.

  • You can host short-term rentals in the residential portion of a live/work unit or "artist live/work unit," if you are a permanent resident of that unit and both live in AND host short-term rental guests exclusively in the "live" area of the unit.
  • Short-term rental activity (e.g. sleeping, lounging/resting, or cooking areas) is NOT allowed in the "work" portion of the live/work or artist live/work unit. This is typically noted as such in a Notice of Special Restrictions, or "NSR," recorded on the overall property.
  • You may not reside in the "work" area and use the "live" area of the live/work or artist live/work unit for short-term rentals.
  • Please note that many NSRs require that the resident of an artist live/work unit use the work space for specific types of arts-related business activities and hold a business registration for that specific activity. Short-term rentals would not be considered qualifying business activity.