Here’s the description:
And here’s the unit, complete with signs telling you to vote for Propositions J & K:
Is this what special parking permits from SFGov are for?
Here’s the description:
And here’s the unit, complete with signs telling you to vote for Propositions J & K:
Is this what special parking permits from SFGov are for?
That’s right, our First Amendment prevents local regulation, pretty much.
So there’s nothing to stop the crush of these orange Boost ads from circling and circling during rush hour.
We would circle and we’d circle and we’d circle to stop and consider and centered on the pavement stacked up all the trucks jacked up and our wheels in slush and orange crush in pocket and all this here county, hell, any county, it’s just like heaven here, and I was remembering and I was just in a different county and all then this whirlybird that I headed for I had my goggles pulled off; I knew it all, I knew every back road and every truck stop…
Airbnb is pulling out all the stops here.
Let me just say that first of all, no “minor” violations of San Francisco’s short term rental laws will result in anything like a $435K award. Sorry. And also, by the time any “awards” are handed out, said violations are no longer merely “alleged,” but actually proven.
And now, on with the show:
“Noted Law Firm Browne George Ross LLP Provides Review of Legal Impacts of San Francisco’s Prop. F
Proposition F creates a profit-motivated private right of action even if the City and County of San Francisco finds no violation.
WELL, LET’S SEE HERE. A PRIVATE RIGHT OF ACTION ALREADY EXISTS, RIGHT? YEP. WHAT PROP F ADDS ON TOP OF THIS IS AN ADDITIONAL PENALTY OF $250-$1000 A DAY, ASSUMING THAT THE RESIDENTS BRINGING SUIT ACTUALLY WIN. THE REASON THAT THIS ACTION WOULD BE ALLOWED INDEPENDENT OF WHAT SFGOV DOES IS THAT SOMETIMES SFGOV LIKES TO SIT ON ITS HANDS AND DO NOTHING, SIMILAR TO THE WAY THAT IT’S DONE VERY LITTLE TO REGULATE SHORT TERM RENTALS THE LIKES OF WHICH WE’VE BEEN SEEING THE PAST TEN YEARS, AND, IN FACT, THE LITTLE THAT SFGOV HAS BEEN DOING LATELY WAS SPURRED ON BY THE PROSPECT OF PROP F. SO ACTUALLY, PROP F IS GOOD BECAUSE IT’S ALREADY PAYING OFF. AND, AS FAR AS “PROFIT-MOTIVATED” IS CONCERNED, SOMETHING SIMILAR IS ALREADY IN CALIFORNIA LAW REGARDING LANDLORD REFUNDS OF RENTAL DEPOSITS. SO IF A LANDLORD IMPROPERLY RETAINS AN APARTMENT SECURITY DEPOSIT, THE TENANT CAN SUE FOR NOT ONLY THE WRONGFULLY RETAINED PART BUT ALSO AN AMOUNT DOUBLE THE DEPOSIT AS A KIND OF SPECIAL DAMAGES. SO A LANDLORD’S MOUTHPIECE COULD ARGUE THAT THE TENANT SUING IS “PROFIT-MOTIVATED,” BUT THAT WOULDN’T ACTUALLY BE TRUE, RIGHT? AND IN FACT, THIS RENTAL DEPOSIT REFUND LAW SCARES LANDLORDS INTO DOING THE RIGHT THING, SO THAT NO LEGAL ACTION EVER NEEDS TO GET KICKED INTO ACTION. SEE HOW THAT WORKS?
In other words if someone wishes to sue their neighbor even after the city and County of San Francisco has determined there is no violation, an unscrupulous individual can still file a lawsuit and simply claim damages amounting to as much as $435,000 plus attorneys’ fees and costs.
WELL, THIS LOS ANGELES-BASED LAW FIRM IS SIMPLY ASSUMING THAT THE PROPERTY OWNER USING AIRBNB OR WHATEVER TO VIOLATE OUR LAWS WOULD BE A NEIGHBOR OF THE SAN FRANCISCO RESIDENTS AFFECTED. BUT LOTS OF AIRBNBERS DON’T EVEN LIVE IN SF, RIGHT? SO IT’S RATHER MORE RESIDENT SUING AIRBNBER AS OPPOSED TO “NEIGHBOR SUING NEIGHBOR,” RIGHT? AND HEY, HOW CAN AN “UNSCRUPULOUS INDIVIDUAL” GET AN ATTORNEY TO REPRESENT THEM IN THE FIRST PLACE, RIGHT? AND HEY, “NOTED” LA LAW FIRM WHAT I’VE NEVER HEARD OF AFORE, HAVE ANY OF YOU EVER REPRESENTED AN “UNSCRUPULOUS INDIVIDUAL?” HMMM… THAT’S SOMETHING TO THINK ON. IN ANY EVENT, UNSCRUPULOUS INDIVIDUALS WITH WORTHLESS CASES WON’T WIN AT COURT SO THEY WON’T GET ANY DAMAGES AT ALL, RIGHT? AND LET ME JUST SAY, ANY AIRBNBER WHO ACTUALLY ENDS UP PAYING $435K PLUS HAS REALLY REALLY REALLY SCREWED UP. THESE WILL BE UNIQUE PEOPLE, CERTAINLY.
Because litigation is so incredibly expensive, time consuming and stressful many people will pay to get out of suits even though they have done nothing wrong.
BOY, WHAT A PITCH FROM A LAW FIRM – YOU DON’T NEED US, JUST PAY ALL THE MONEY ANYBODY EVER ASKS FOR AND THEN WAIT FOR THE NEWS TO SPREAD AND THEN GET SUED AGAIN AND AGAIN. AND NOTE HERE, I’M NOT ARGUING THAT PROP F IS GOOD FOR AIRBNBERS (ALTHOUGH IT MIGHT ACTUALLY BE GOOD FOR SOME) – I’M SAYING THAT PROP F IS GOOD FOR SAN FRANCISCO. AND ACTUALLY, PROP F WOULD BE GOOD FOR LOS ANGELES LAW FIRMS, POSSIBLY, IF LA-BASED AIRBNBERS GET SUED IN SF AND THEY WANT TO HAVE A LOCAL ATTORNEY, THEN MAYBE EVEN THIS LA FIRM COULD GET IN ON THE ACTION.
Proposition F will exponentially exacerbate the problem by encouraging an untold number of new lawsuits, thus delaying even more those who appropriately seek justice through San Francisco Superior Court
WELL LET’S SEE HERE. PROP F WILL BE BUT A DROP IN THE BUCKET AS FAR AS SF SUP CT IS CONCERNED. IT’S NOT GOING TO EXPONENTIALLY DO ANYTHING.
Anywho, I sort of asked for somebody to tell me why Prop F is bad right here, so I’ll read through this and respond, you know, in real time.
1. So Prop F is worse than I think? So you think I think it’s bad, but you’re here on Medium telling me that it’s even worse than I think it is? Well, that’s not right at all. I think Prop F is great.
2. So like I’m not responsible for what signature gatherers say, right? ‘Nough said. Should I point out how Airbnb says/does similar things? OK then.
3. Yes, STR’s are already regulated by SFGov, but poorly. That’s why we have the Prop F, to fix what they call regulatory capture.
4. Airbnb-type outfits are the primary problem, right? I’ll concede that there are others out there. But that doesn’t mean we shouldn’t regulate Airbnb, right? Airbnbers oppose Prop F because, unlike the current regs, it wasn’t written with input from Airbnb itself. Like, should VW write our air pollution laws?
5. Well, Prop F isn’t the worst way to go about things. A worser way to regulate Airbnb is to have Airbnb write the rules what cover Airbnb’s business, right? What we’ve had so far from Supervisor Chiu has been a disaster, right? And then our dominant political faction assumed that something like Prop F wouldn’t make the ballot. And that takes us up to now. Hey, let’s take a look:
“After Mayor Lee and the Board of Supervisors screwed up short-term rental legislation not once but twice, voters now face a choice: keep current law or replace it with Prop F. Those upset over “ballot box planning” should blame City Hall for not enacting the handful of changes that would have either prevented Prop F from going to the ballot or ensured its defeat.”
6. Uh, is it “really hard to find the text online,” like actually? Uh no. Google “PROP F SF” and then after you click on the first hit, click on THE MEASURE. Easy peasy, huh, LIAR?
7. “It’ll blow your mind.” O rly? We’ll see. Hey, you know, my mind’s already blown by the number of meetings that David Chiu’s office had with Airbnb reps to create the first unworkable regs – is it 60 fucking meetings? 60 meetings to create an unworkable mess? Mind blown. Already.
8. So, you promise us Prop F but now you’re coming in with how it’s existing hotels what don’t want private Airbnb hotels in the Parkside. Let’s see, who’s against Prop F – it’s Airbnb and the superhosts, right? As expected, right? (And I’m thinking your hotel worker union types would be big Prop F boosters as well.)
9. You know, some Airbnbers who let out rooms support Prop F, right? Are they crazy?
10. I’ll field this one. Cleaning a house before guests arrive is not assisting anyone to offer a short term rental.
11. Well, if your neighbor “prevails,” then your neighbor gets money. If you neighbor doesn’t prevail, then not. Simple. You’re missing the “prevailing” part, Mediumer.
12. And if a taxi driver refuses to pick you up because s/he doesn’t like your color, creed, whathaveyou, that’s a misdemeanor too, right? Laws need to have teeth, right?
13. Yep, a quarterly report. No biggee, it would seem.
14. So let’s see here, illegal in-law units shouldn’t be on Airbnb, right? Is this so surprising?
15. What Airbnb should do is keep track of its own rentals, for a start, huh? Shouldn’t be too hard.
16. People will still be able to Airbnb after Prop F passes, right? But Prop F should really put the hurt on Airbnb hotel buildings.
17. Prop F can totally be fixed, if necessary, by a judge or two or more, or by a vote of The People. Yes, we can visit this issue again later.
18. What’s this?! “I have been a part-time homesharer in SF since last year.” This should have been the first line of your bit, non? Ah, man, I don’t think I would have read your whole bit if you had been upfront about your conflict of interest. And why is my Google Chrome underlining “homesharer?” Oh that’s right, it’s because you made it up. Let’s try something else, something honest, like “room letter.” See? No underlining. Case closed.
19. Oh, this Medium bit is ending abruptly, after the Big Reveal. All right, yeah, well, that’s just, like, your opinion, man.
I looked for signs like these afore, but didn’t see them.
Now, in mid-September, I’m seeing them – that’s the update:
“Prior to February 2015, the city banned private, short-term rentals, but did not dedicate sufficient resources to fully enforce the law.”
Yep, pretty much.
(I’ll tell you, I don’t care what you do or where you rest your noggin at night. Fundamentally, I’m not a NIMBY – I don’t care what you do. I’ll admit I think it’s noteworthy when I spot Airbnb users in the Western Addition or the Sunset or wherever, ’cause they stand out (without realizing it) like a sore thumb, but I don’t have anything against tourists milling about, you know, per se. It’s funny, they ask me about parking laws. I try to help out. I tell them which way to curb their tires, ’cause a lot of them just don’t get it. And I’ll add that I know people who use Airbnb, and I know people who make some money letting rooms and units via Airbnb and the VRBO. But obvs I don’t own Airbnb options or anything and I’ll also note that I don’t own any hotels or anything.)
1. Limits short-term rentals to 75 nights per year, regardless of whether a ‘host’ is present
THIS LOOKS GOOD TO ME. THE WHOLE “HOST PRESENT” THING APPEARS TO BE A GIANT LOOPHOLE COOKED UP BY AIRBNB ITSELF IN CONJUNCTION WITH THE OFFICE OF SUPERVISOR DAVID CHIU. THE RULES THAT HE AND AIRBNB CAME UP WITH ARE A HUGE, UNWORKABLE MESS, IMO.
2. Requires quarterly reports to the Planning Department on the number of nights a unit is rented to tourists
IF YOU’RE RENTING OUT A ROOM OR A UNIT, YOU’D NEED A REGISTRATION NUMBER AND YOU’D NEED TO REPORT HOW MANY TIMES YOU DID IT EVERY THREE MONTHS. SOUNDS PRETTY SIMPLE TO ME. SOUNDS A LOT SIMPLER THAN, SAY, THE EXTRA WORK YOU’LL HAVE TO DO WHEN ANNUAL TAX TIME COMES. IF THIS IS TOO MUCH OF A BURDEN ON YOU, THE PERSON RENTING OUT ROOMS, PERHAPS YOU SHOULDN’T BE IN THIS BIDNESS?
3. Fines ‘hosting platforms’ (like Airbnb, VRBO, and HomeAway) for listing unregistered units
BAM. IF YOU HAVE A REG. NUMBER, YOU CAN LIST. IF YOU DON’T, YOU CAN’T.
4. Provides other building tenants, neighbors and neighborhood associations with notice when a unit is registered as a short-term rental
SO SFGOV WOULD SEND OUT A BRACE OF LETTERS EVERY TIME A UNIT GETS REGISTERED – THIS IS A ONE-TIME DEAL, RIGHT? AGAIN, DOES THIS SEEM SO UNREASONABLE?
5. Allows other building tenants & neighbors to go to court to protect their rights to the quiet enjoyment of their homes when the City fails to enforce the law
SO THERE ARE YOUR TEETH. THIS IS WHY AIRBNBER’S WILL ACTUALLY PAY ATTENTION TO SF PROP F 2015.
1. WELL, YEAH, I GUESS, AIRBNB – YOU COULD CHARACTERIZE THINGS THAT WAY. BUT LET’S SAY AN AIRBNBER FROM WALNUT CREEK BUYS A BUILDING IN SF AND THEN AIRBNBS ALL THE UNITS 365/366 DAYS A YEAR – THIS IS WHAT THE PROP F PEOPLE WOULD CALL “RUNNING A HOTEL.” IF I WERE SAID BUILDING OWNER LIVING IN WALNUT CREEK, I’D BE VERY AFRAID OF PROP F, SO I’D FOLLOW THE NEW RULES, RIGHT? IS THAT SO BAD?
2. WELL, I LIVE IN SF, AIRBNB. SO I DON’T THINK YOU’RE TALKING TO ME. BUT i’LL SAY THAT I THINK THE “DATA” WE’RE TALKING ABOUT IS HOW MANY TIMES A QUARTER AIRBNBERS ARE IN BUSINESS, SO NO BIG DEAL, RIGHT? SO FAR, YOU’RE NOT REALLY SCARING ME AWAY FROM PROP F HERE, AIRBNB. LET’S SOLDIER ON…
3. SFGOV AND AIRBNB HAVE MADE A HASH OF THIS PROCESS SO FAR. THE CURRENT SYSTEM ISN’T WORKING, SORRY. THIS IS WHY PROP F QUALIFIED FOR THE BALLOT, RIGHT?
4. HEY, AREN’T MOST IN-LAW UNITS IN TOWN ALREADY “BANNED?” I THINK SO. I THINK IT’S BECAUSE THEY AREN’T CODE COMPLIANT. WHY SHOULDN’T WE LEGALIZE THESE UNITS FIRST, IF THAT’S WHAT WE WANT TO DO, AFORE WE START WORRYING ABOUT HOW MUCH MONEY WE CAN MAKE OFF OF THEM? AND IF THIS IN-LAW ISSUE IS SUCH A BIG CONCERN A FEW YEARS DOWN THE ROAD AFTER THE POSSIBLE LEGALIZATION OF THESE UNITS, WELL, THEN WE CAN VOTE AGAIN, RIGHT? PERHAPS THIS WILL BE A BIT CUMBERSOME, BUT THAT’S WHAT YOU GET WHEN YOU HAVE A REGULATORY CAPTURE SUCH AS THE ONE WE’RE IN.
So, IDK, am I missing something here? What am I missing? Any beef anybody has against Prop F is displaced anger – the people who created the current situation are the ones responsible. Oh what’s that, Airbnb, you say the rules from Prop F are “too extreme?” Well, that’s because, unlike the current regs, you didn’t write them. See how that works, Airbnb? Perhaps you should have cooked up a fairer set of rules for yourself, and then Prop F never would never have gone on the ballot, right?
So tell me, Gentle Reader, what am I missing here?
Otherwise, I’m a-voting YES ON PROP F.
Especially in SoMA during convention time.
Why? Because of The Constitution. Or a constitution. Or one of them. Or both. (If a Scott Wiener-type really worked on this issue, it might have an effect, IDK.)
And oh yeah, these trucks all have Nevada license plates, ever more insulation from the long arm of SFGov
Click to expand
Look for more of these trucks during next month’s “March of Life” 2014 on the Embarcadero
“We would circle and we’d circle and we’d circle to stop and consider and centered on the pavement stacked up all the trucks jacked up and our wheels in slush and orange crush in pocket and all this here county, hell, any county, it’s just like heaven here, and I was remembering and I was just in a different county and all then this whirlybird that I headed for I had my goggles pulled off; I knew it all, I knew every back road and every truck stop…”
The headline says it all, but here’s the entire release:
“SAN FRANCISCO DISTRICT PTA LEADERSHIP AGAIN URGES STATE PTA TO MAKE A DUAL ENDORSEMENT ON PROPS 30 AND 38
San Francisco — The Second District (San Francisco) PTA leadership recommended in July a dual endorsement of state ballot measures, Propositions 30 and 38, to the California State PTA after hearing from PTA members across the City that funding education was a high priority. At that time, the State PTA held its “Yes” on Prop 38 and voted to approve a “Neutral” position on Prop 30.
In light of recent public polling and campaign dynamics with both initiatives, and again with the encouragement of its members, the District PTA leadership is re-recommending the State PTA take a “Yes” position on Prop 30 to add to its current “Yes” on Prop 38 at the State PTA Board of Managers Meeting October 27.
It is critical that education be funded at a higher level, or at the minimum, maintain current funding in order for all of California’s children to be prepared to be successful in college, career and life. Either Prop 30 or Prop 38 must pass for this to happen. The District PTA also strongly encourages both campaigns to refrain from negative messaging about the other to increase the possibility that at least one measure will receive the required 50% + 1 votes.
Prop 30 would prevent further cuts to K-12 public schools and higher education funding through an increase of around $6 billion per year for 7 years to the state’s general fund budget. Prop 38 would increase funding to K-12 schools, early education and school bond debt payments by $10-11 billion per year for 12 years. Prop 38’s increase in funding would greatly mitigate the result of state education budget cuts of over $20 billion statewide and the laying off of over 40,000 educators over the last three years alone.
For a comparison of both propositions go to http://www.edsource.org/
Image Photoshopped slightly, courtesy of the Gavin Newsom for
Governor Lt. Governor campaign
But I’ll tell you, the People of the State of California are not going to follow them.
Hey Molly, if you’re so great, why don’t you just give all your inherited money to the California Teachers Association no strings attached?
You know, instead of driving over the cliff with Prop 30 stashed in the trunk?
*In a Porsche paid for by Daddy, of course.
You see, my new moral compass app will crawl through the website of SPUR (San Francisco Planning and Urban Research Association) to find out its election endorsements. Then it will advise you to vote the opposite.
So, in regards to the the recent Prop A, SPUR told you to vote against ending San Francisco’s archaic and wasteful garbage monopoly.
And on the recent Prop B. SPUR told you to vote for the RPD.
My moral compass app would have advised you to favor both props. See how that works?
Hey SPUR! Maybe everything our City Family wants isn’t “good?”
Hey SPUR! Maybe you have nothing at all to do with promoting “Good Government.” Maybe you just like promoting the government we have.
How wrong you are, University of San Francisco bus ad:
Click to expand
All right, what aboot the next election coming up, mmmm. Hey SPUR? Why not let’s fix the mistake our City Family forefathers made with Hetch Hetchy? How does that grab you?
Oh, here’s the answer:
Now, realize, SPUR, I’m not saying that it would be easy or cheap for San Francisco to change things at the Hetchy Hetch, I’m just saying, you know, maybe, at least as a goal for the far off future, maybe we could think about taking a look at what we did to the Yosemite area. Yes, we were able to bully other municipalities a century ago, but was that fair? You know, cause the New York Times and the Sacramento Bee and the LA Times and a bunch of others favor looking into changing things at Hetch Hetchy, right?
So don’t you want to think about this? You know, use your own in-built moral compass?
God damn, SPUR, you don’t have any moral compass at all.
Who the Hell put you in charge of Good Government in the 415?
SPUR, you suck!
Anyway, here’s some more on Hetch Hetchy, Dear Reader. Leaving you with this:
Drain the Dam!
San Francisco Examiner
February 16, 2012
Will San Francisco Vote to Drain Hetch Hetchy?
February 15, 2012
San Francisco Water Ethos Goes Only so Far
January 25, 2012
Los Angeles Times – Editorial on Hetch Hetchy
Los Angeles Times
Historical New York Times Articles: