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San Francisco, CA Short-Term Rentals: Primary-Residence-Only Rule (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Eligible unit
Only the host's Primary Residence
Investment properties
Never eligible for STR use
Proof required
2+ documents tying address to resident
Listings per unit
Only one Permanent Resident allowed

Summary

San Francisco law only lets a Permanent Resident short-term rent the home that is their actual Primary Residence -- investment properties and second homes can never be registered as short-term rentals.

Notwithstanding the restrictions set forth in this Section 41A.5, a Permanent Resident may offer his or her Primary Residence as a Short-Term Residential Rental if:

(A)   The Permanent Resident occupies the Residential Unit for no less than 275 days out of the calendar year in which the Residential Unit is rented as a Short-Term Residential Rental or, if the Permanent Resident has not rented or owned the Residential Unit for the full preceding calendar year, for no less than 75% of the days he or she has owned or rented the Residential Unit;

(B)   The Permanent Resident maintains records for two years demonstrating compliance with this Chapter 41A, including but not limited to information demonstrating Primary Residency, the number of days per calendar year he or she has occupied the Residential Unit, the number of days per calendar year the Residential Unit has been rented as a Short-Term Residential Rental, and compliance with the insurance requirement in Subsection (D). These records shall be made available to the Department upon request;

(C)   The Permanent Resident complies with any and all applicable provisions of state and federal law and the San Francisco Municipal Code, including but not limited to the requirements of the Business and Tax Regulations Code by, among any other applicable requirements, collecting and remitting all required transient occupancy taxes, and the occupancy requirements of the Housing Code;

Source: San Francisco Municipal CodeView official code

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)(1) creates a narrow exception to the citywide ban on renting Residential Units for Tourist or Transient Use: a Permanent Resident may offer only his or her own Primary Residence as a Short-Term Residential Rental. Only one Permanent Resident may be listed per unit on the Registry under subsection (g)(2)(B), and Primary Residence must be proven with at least two documents such as a driver's license, voter registration, or utility bill tied to that address.

Violations & Fines

Offering a non-primary-residence unit -- a second home, investment condo, or a unit where the applicant isn't the true Permanent Resident -- as a Short-Term Residential Rental is an unlawful conversion subject to Chapter 41A's civil and criminal penalties.

Frequently Asked Questions

Can I short-term rent a San Francisco condo I don't live in?
No. Section 41A.5(g)(1) limits the short-term rental exception to a Permanent Resident's own Primary Residence, so investment or vacation units can't be registered.
How does San Francisco verify a unit is my primary residence?
Through at least two of: vehicle registration, driver's license, voter registration, homeowner's tax-exemption documents, or a utility bill showing that address, per Sections 41A.4 and 41A.5(g)(3)(A).

Sources & Official References

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