San Francisco prohibits short-term rentals (under 30 days) of newly built ADUs unless the ADU is the host's primary residence under Admin Code Chapter 41A (Short-Term Residential Rentals). Most ADUs are restricted to long-term tenancies of 30+ days, and many fall under the Rent Ordinance once first rented.
Under Admin Code 41A.5(g)(3), a short-term rental is allowed only in the host's primary residence (where the host lives at least 275 nights per year) and the host must register with the Office of Short-Term Rentals (OSTR). An ADU built solely as a rental unit cannot be listed on Airbnb/VRBO for stays under 30 days. State law (Gov't Code 65852.2(e)(1)(A)(ii)) explicitly allows local agencies to require rentals of 30+ days for ADUs, and SF imposes this rule by default. ADUs in buildings constructed before June 13, 1979 are subject to rent control under Admin Code Chapter 37 from first occupancy. ADUs in newer buildings are exempt from rent control under Costa-Hawkins but still covered by just-cause eviction. Section 41A unhosted-night caps (90 nights/year) only apply when the entire host's primary residence is rented.
Operating an unregistered short-term rental in an ADU violates Admin Code 41A.5 and carries administrative penalties of up to $1,000 per day (41A.5(d)(4)). OSTR can issue stop-rental orders, and platforms (Airbnb, VRBO) are required to remove unregistered listings. Repeat violations may result in revocation of the ADU's certificate of occupancy if used contrary to permit conditions.
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