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Post by lambada on Sept 16, 2016 21:16:38 GMT
So I took the time, effort and money to register with the city of San Francisco last year. Got the STR approved, permit received in the mail, and I was all legal to operate my short term, yay.. NOT! Just got a notification letter from Planning Department, saying there is a complaint against me running 'illegal short term rental'! I mean, don't they have it on their record that they issued the permit for me, under my name and address? Don't they need to check any complaint against the record they have? And I have also filed quarterly report breaking down the number of nights my place is rented on Airbnb. I'm very pi**ed with this. I know I can rebut this, but they shouldn't even have issued the notification letter to begin with I clearly have the STR permit already.
Or maybe I shouldn't have bothered applying and taking the time/effort to comply with the law that the planning dept itself is not familiar with!
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Post by High Priestess on Sept 17, 2016 14:41:09 GMT
How extremely annoying, Lambada!!
This is why I think many folks do not get permits, do not register, do not comply with city regulations. It's truly a damned if you do and damned if you dont' game out there. Hard to know which damn choice is best, in many cities, both might be awful.
What were the allegations on the letter from the city? Were they allegations of doing what you are permitted to do with the permit, but stating you didn't have a permit? Or were they allegations about doing things that even with a permit one wouldn't be permitted to do?
Having a STR permit doesn't mean that all the business a host could possibly do, would be legal -- for instance, a host could get an STR permit to host in their own private residence, but then move out of that residence and live somewhere else all year, and rent out the whole place as an STR all year long...and that wouldn't be allowed under SF laws.
I truly believe the city of San Francisco has it in for Airbnb hosts, as do a great many people in SF....in fact, I wouldn't be surprised if, using the public records requests and getting government info from the city, some vindictive person might just not be going on an anti-Airbnb campaign around the city trying to file fraudulent complaints against each and every host in the entire city. GIven the politics of SF that would not be out of character for many activists there.
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Post by lambada on Sept 17, 2016 15:37:01 GMT
Well, that's the thing! Nothing specific in the letter, just saying that there was a complaint of me running an illegal short term rental! How could it be illegal when they obviously issued the permit. And nothing changed since I got the permit: I still live here, the same neighbors, etc. But of course it was possible that there were guests who were not happy for whatever reason. I thought by having the permit I could be enforcing my house rules, i.e: no party, no outside visitors, etc. In the past, I didn't dare do any of those for fear that they'd snitch on me. And in my opinion, that's what makes it hard for the neighborhood - when guests could create disturbance and nothing the host could do. I run a very quiet short term: maximum of 2 guests, no visitors, no parties, and we ourselves are very quiet as well. But apparently anyone could just file a report on you, for no reason at all! I never thought I would experience things like this living in the US!
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Post by High Priestess on Sept 17, 2016 15:56:27 GMT
IT's ghastly, Lambada! A horrible, disgusting situation, for a city to essentially allow anyone at all to file a complaint, perhaps a completely false one, and for them to send you a letter containing an accusation but absolutely no facts! This should not be legal for them to do. I mean, they at least owe you some facts --- statements about exactly what they are alleging is "illegal"!!
It's not clear that this complaint is related to your having an STR permit. I mean, someone could make a complaint about absolutely anyone, alleging they are running an illegal STR....for goshsakes, one could watch a woman invite her mother in law in to visit, toting a suitcase with her, and a spying neighbor could allege that since there's someone bearing a suitcase, there is an illegal STR going on, and file a complaint with the city.
Let us know what you find out when you contact the city about this and ask what the hell is going on!!
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Post by Mabel on Sept 17, 2016 16:12:53 GMT
Lambada, have you considered that the complaint about running an illegal STR might possibly have come from a competing host in your area who is facing being shut down or is otherwise disgruntled? I only ask because not only had I heard several stories of this happening in my city, but I also had a brush with such a situation myself. I won't go into the details publicly but it does happen, and if there is no other reasonable explanation for you being reported, that could be a possibility. Of course this doesn't bring up any solutions or help but something to consider. Please do let us know what you find out.
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Post by High Priestess on Sept 17, 2016 16:38:10 GMT
Good point Grace, about another disgruntled host...and what such a person might do.
I have seen a lot of potential for this issue to arise in local host communities, particularly in cities which have either particularly harsh rules/restrictions on hosting, or cities with aggressive enforcement, or where there is a lot of public opposition to hosting, or all of these. For instance -- and this is something Lambada has seen, too --- in San Francisco, in the host community, there were hosts who were stridently lecturing other hosts that they must get their STR permit. Many hosts had not done that and were subject to a lot of criticism, sometimes quite hostile, about their not having legally registered.
As well, it can easily happen, particularly in cities that don't yet have clear laws/rules on Short term rentals, that one host gets discovered and cited by the city, even shut down, while dozens or hundreds or even thousands of other hosts are not effected. Such a host can feel this is unfair and unfortunately it's an unattractive part of human nature that some people like to spread their misery around. So if they are subject to a distressing situation, they want other people to suffer as well. So a host who gets cited by a city may start reporting other hosts so that others will also suffer. I consider this unethical and contemptuous behavior but some people will do this. So it's always best, as I see it, to not get too close to someone who's been cited or shut down, unless you know their character well enough to know they won't attack you for NOT having been shut down as well.
This might actually be most likely to happen with hosts in the same building. Say there are 4 hosts in one apartment building -- one gets caught and shut down either by the landlord or the city. That one then reports the other 3 to the landlord or the city because they want to spread their misery around. Hence my advice: dont' trust your neighbor hosts, unless you have reason to trust them. Don't trust them just because they are neighbors! They might not be nice people.
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Post by CC on Sept 17, 2016 16:46:19 GMT
People in gov't = stupid stupid stupid. I never do anything legal.
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Post by Deleted on Sept 17, 2016 21:12:51 GMT
Aloha Lambada, Of course you can count on me to have some story to relate to sh**ty people's actions including the governments. Exact same thing happened to me. Well, I live on an island, worked in the hospital, and just 'know' somebody, or somebody that 'knows' somebody. Long story short, I refused to refund 100% rental deposit for a month-to-month lease prior to the tenant even moving out, and he immediately called the Planning Dept. My g/f works there, heard the guys laughing about the ranting complaint, and knew the scenario was mine so beware, the tenant was told he would have to submit a complaint in writing. Of course he submitted a written complaint after receiving half of his deposit back, which legally the entire amount was to be fore fitted with no obligation to refund any portion at all. So I get the letter of violation. I'm clueless, make an appointment for the Planning Department to make their inspection and wait. In the meantime, I get a letter from the Property Tax Division stating due to whatever, I was not deemed a resident, and have lost my Homeowner Exemption on my property taxes. I call them, state I'm clueless, I've lived in this house since day one, and am waiting for the Planning Department's inspection to prove such. Planning department comes, they don't care, case closed within 3 minutes, and the Planning Dept. said they would send letters to all other departments. So I get my copy of the letter, take it to the Property Tax division, to prove it was a bogus complaint, they say nothing. I get a letter from my mortgage company that my mortgage increased $500 per month to cover double taxes due and retroactive to the year the complaint was made. I go down to the Planning Department again, well, I could have appealed it, but the bad word lady employee didn't tell me. Next year, (end of 2015), I get my tax assessment, go online and check out my neighbors taxes and blew a stack and a half, went back to the Tax Dept again and luckily my tax assessor was going to be in my area the next day and would stop by.
He fixed it back from Agriculture to Homeowner as well as corrected a few items that did lower my taxes compared to my neighbors. Not sure why same amount of property is assessed 80 grand more than my neighbors, but it is. In the meantime, due to the lady not taking the time to inform me of my right to appeal, that little volatile tenant cost me 5 grand in extra taxes. Another lady offered me the right to appeal, but the time had lapsed, I'd have to submit $100 per year I was appealing just to receive a letter back stating "Time's up, thanks for the donation". Thus, my advice to you, is watch for any following letters from different departments, the left hand doesn't know what the right hand is doing, and it took me two years to go berserk enough to get anyone's attention.
I do not trust any local hosts. One in particular (an angry drunk) is not well liked by her neighbors and is constantly getting $1000 per day fines for her 'events', as well as whatever trouble her big mouth can get herself into.
She was the one that coaxed me on, to 'just do it', quit my job and do what I've always wanted to do with this big ass house. She snoozed her listing for 6 months; I get all her wannabe repeat guests since she won't answer her phone or her own personal website, and if looks could kill, I'd not be around to type this.
When she made the comment to 'just do it', I replied I'd have to do my homework and see what my competitors are doing. Listing wording, prices, etc.
She assured me 'we're not competitors, we all have unique accommodations.' Well I guess that's not true at all; that must have been some hair brained idea she came up with before she had enough booze to hit her 'angry drunk' mode.
I've out performed her a gazillion times over in bookings, retired, she still works full time and took up with a gimpy handiman I refused to hire, and now she's back in business.
So, my advice to you, is to let it go, make your appointment with whatever department sent the complaint, but watch the other departments and follow up remembering every state has their time limit for appealing your taxes. I was just cornfused as I was being accused of not being a resident all the while being employed by yet another gov't dept.
G/f also found another complaint they had received years prior by another psychotic tenant I had, they totally closed that one with no notification or action.
I actually went to my neighbors after receiving the complaint, asked if they had any problem with me doing this, tell me now, and I'll put the house up for sale.
They all agreed we've had no problems for 10 years, and there shall be no problems on their side. I shall pray this remains as long as I am sane enough to continue with the zoo I play curator for.
Ending of the story; my mortgage dropped $400 beginning Dec 1st for 2016 Real Property Tax new assessment rate.
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Post by High Priestess on Sept 18, 2016 0:15:22 GMT
Between the stories told by me, Rhonda, Lambada, CC and Grace, and perhaps a few others, I think we have sufficient justification between us all to shut down the government, for good and for all. YEAAAAAA!
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Post by nancesf on Sept 18, 2016 5:23:28 GMT
Lambada, I share your frustration with City and County of SF. Yours gets a prize for unfairness and disconnect.You probably also dealt with various letters from Treasurer. Once Airbnb became an official TOT collector, I filled out all the needed web forms. A couple of times. And, received several letters including one of violation and threats. I went on the City website and entered all the info I had, copied in emails I'd received from the City confirming they'd received my info. Finally got an email from someone apologizing for the threatening letter. Whew. I agree about keeping track of the different departments and timelines since no one seems to communicate. Or really keep track. Good luck! Nancy PS, don't you love that because so few folks have registered legally, those of us who have will have our fees increased massively??
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Post by lambada on Sept 18, 2016 22:33:27 GMT
Thank you for your support, Deborah, Grace, Rhonda, CC and NanceSF. I called Planning on Friday and was told that the case is being reviewed, so I don't need to do anything at this point and they did acknowledge that I do have an STR permit and not doing anything illegal. My point is still, if I were to drive on a freeway with maximum speed of 65MPH, and my speed is at that, I shouldn't be pulled over or cited for breaking the speed limit. And to answer your question, no I don't think that it was a neighbor who complained. Quite a few of my neighbors are running STR, without permit. Looks like I am the only one that has the permit and quite frankly I don't care what other people are doing although they are technically my competition. But this is also to remind folks that just because they have the permit, it doesn't mean that they are all almighty and worse, look down at the non-permit peeps. You are in SF after all, where unfortunately there are lots of busy bodies. The best is not to be one of them. But this experience also taught me to grow thick skin and not get too frazzled by any little accusation comes my way. BUt it also does make me think on how honest I want to be now in my quarterly report. Thoughts?
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Post by High Priestess on Sept 18, 2016 22:46:20 GMT
I completely agree that one should not get pulled over for speeding when one is going the speed limit. Or cited for doing anything illegally when one has a permit to do it!!
I think in every decision folks make, it's good to consider every angle...more so with bigger decisions. Consider what you know, and try to get more information about what you may not know. Consider how people are, and what people can do...consider what mistakes government offices can make. Consider what information you have to provide to get what, and what information you'd rather not provide if you don't have to. Consider the consequences for not following certain laws either in whole or in part. Consider that if you initially cooperate with a given law, that law may not stay the same, but could change...either in your favor, or against your interest. Consider if you go down a certain path, what are your options for turning around and changing course if you dont' like where you're headed, see danger signs ahead, or see the road end at the edge of a cliff, and people in front of you continuing to drive and driving right off the cliff. Consider the company you keep, and the availability of support when you may need it.
I stop at red lights and stop signs. I keep to the speed limit or below on the freeway. But I dont' wear my seat belt when I drive under 30mph on city streets, even though the law says I'm supposed to.
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Post by Deleted on Sept 18, 2016 23:07:22 GMT
I agree to keep your eyes and ears open when hearing from differing gov't departments. As soon as I applied for my Transient Accommodation license (I already had the GET for long term rentals, and same number). The zoning department is in cahoots, and I got a letter from the zoning department that they had found my listing on a website I've never heard of. I think that's where the property tax part problem started, they assumed I had my whole house as a vacation rental, and I foolishly waited for the Planning Department's inspection letter to state this was not true; then not informed of my ability to appeal it, as I overlooked the need to follow through on what was going on behind the scenes to prove this was a false accusation. I'd give both pinky fingers and little toes to do anything to keep away from Big Brother and their deranged way of working. Regarding your quarterly reports: I was told directly by the tax department, who verified it with the auditors that the only people who are audited are those who report less than is reported on their 1099s. Since I don't receive 1099s from all platforms, but claim all reservations through them, the theory is I will never be audited by the State of Hawaii or the Feds (in this category) as I'm claiming more than has been reported to their system. Of course we all know that if you have a Swiss name, you end up tops on the list. I've learned to accept this, don't argue, and just pay whatever they like, even when it's incorrect. Case closed.
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Post by High Priestess on Sept 19, 2016 15:46:27 GMT
Have you all seen this article I posted earlier about one or more "serial complaintants" in San Francisco, in Noe Valley area in particular, going around and filing complaints on all the Airbnb hosts they can find? globalhosting.freeforums.net/thread/3521/serial-complaintant-ratting-scofflaw-airbnbs(YOu need to be logged into your account on this forum to see that post....I've noticed that most of those viewing this forum each day are not logging into their accounts when they view the forum...please remember that not logging in will reduce the number of posts you are able to access, as there are several members-only boards on this forum that you have to be logged in to be able to see)
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Post by lambada on Sept 20, 2016 16:25:20 GMT
Yes, Deborah, I did see that article. See, there ARE quite a few busy bodies here in SF.
Rhonda, I was actually referring to the quarterly report that SF hosts have to do, for the nights stay, which I have been diligently and honestly doing. So the report is only for the number of nights, not the dollar amount. So I am now questioning myself if I change that as I don't want this to bite me in the rear in the future, in case they change the law again.
As for the income part, I do report it all to the IRS for the tax purposes, even the rent that wasn't captured on 1099.
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