San Francisco, CA Short-Term Rentals: Host Platform Liability (2026)
Key Facts
- Platform duty
- Confirm Registry status before booking
- Compliance proof
- Monthly signed affidavit required
- Record retention
- 3 years per transaction
- Criminal exposure
- Misdemeanor, up to 6 months jail
- Civil penalty
- Up to $1,000 per day
Summary
San Francisco holds Hosting Platforms like Airbnb legally responsible for confirming a listing's Registry status, and a platform that books an unregistered unit faces civil penalties and misdemeanor criminal liability under Chapter 41A.
A Hosting Platform may provide, and collect a fee for, Booking Services in connection with short-term rentals for Residential Units located in the City and County of San Francisco only when the Hosting Platform exercises reasonable care to confirm that those Residential Units are lawfully registered on the Short-Term Residential Rental Registry at the time the Residential Unit is rented for short-term rental. Whenever a Hosting Platform complies with administrative guidelines issued by the Office of Short-Term Residential Rental Administration and Enforcement to confirm that the Residential Unit is lawfully registered on the Short-Term Rental Registry, the Hosting Platform shall be deemed to have exercised reasonable care for the purpose of this subsection (g) (4)(C).
(D) Commencing November 5, 2016, and on the fifth day of every month thereafter, a Hosting Platform shall provide a signed affidavit to the Office of Short Term Rentals verifying that the Hosting Platform has complied with subsection (g)(4)(C) of this Section 41A.5 in the immediately preceding month.
(E) For not less than three years following the end of the calendar year in which the short-term rental transaction occurred, the Hosting Platform shall maintain and be able, in response to a lawful request, to provide to the Office of Short Term Rentals for each short-term rental transaction for which a Hosting Platform has provided a Booking Service:
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-96: Codes: last updated to include changes made by legislation through Ordinance 133-26, File No. 260686, approved July 23, 2026, effective August 23, 2026).
Full Breakdown
Administrative Code Section 41A.5(g)(4)(C) lets a Hosting Platform collect a booking fee for a San Francisco Residential Unit only when it exercises reasonable care to confirm the unit is lawfully registered on the Short-Term Residential Rental Registry at the time of booking. Platforms must also verify compliance monthly by signed affidavit under subsection (g)(4)(D) and keep transaction records for three years under (g)(4)(E). Under Section 41A.5(e), a Hosting Platform that provides a booking service in violation of its Chapter 41A obligations is guilty of a misdemeanor, punishable by up to a $1,000 fine or six months in county jail.
Violations & Fines
Booking an unregistered unit without exercising reasonable care risks civil penalties up to $1,000 per day under Sec. 41A.5(d)(3), plus misdemeanor prosecution -- up to a $1,000 fine or six months in jail -- under Sec. 41A.5(e).
Frequently Asked Questions
Can Airbnb be held liable for an illegal San Francisco listing?
What records must a hosting platform keep on SF short-term rentals?
Sources & Official References
Other rules in San Francisco
California rules heatmap·Compare San Francisco to another location·View the California short-term rentals overview
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