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7/24/2019 20 Broderick Street - Notice of Decision
1/4
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75`7
SAN
FRANCISCO
LANNING
DEPARTMENT
1 6 5 0
M i s s
S
eptember
10,
015
S u i t e 4 0 0
S
a n F r a n c i
C
A
9 4 1 0 3 -
T
homas
Monica
asey
3
8
regory
Drive
R e c e p t i o n :
4
1 5 . 5 5 6 .
Fa i r f a x , CA 4930
F a x :
4
1 5 . 5 5 8 .
Vi c Yang
2
0
roderick
Street
P l a n n i n g
S
an
rancisco,
CA
4117
I n f o r m a t i o
4
1 5 . 5 5 8 .
N OTICE OF
ECISIO N
S
F dministrativeCode
hapter
41A
hort
Term
esidential
Rental
Si t e
Address:
20 roderick S t r e e t
A
ssessor s Block/Lot:
1240/019
Z
oning
i s t r i c t : RH-3
R e s i d e n t i a l - House,
hree
Family) oning i s t r i c t
C
omplaint
Number:
2015-007923ENF
H
earing
Officer: Audrey
Butkus,
415)
75-9129 or
D
ECISION
T
h e D i r e c t o r s appointed
hearing o f f i c e r , Audrey Butkus,
has
determined
that Thomas and
Monica
Casey, the
owners
of
20
Broderick
S t r e e t
and
Vic
Yang,
the
tenant of 20 Broderick S t r e e t have
v i o l a t e d
Administrative
Code hapter
41A or
i l l e g a l l y o f f e r i n g a dwelling unit f o r rent as a Tourist
or Transient
us e . The
e t a i l s
of the v i o l a t i o n and
decision
are
discussed below.
T
his
decision
i s based on
he
e n t i r e t y
of
the
record
before
the
hearing o f f i c e r ,
including but not limited to
t
estimony
of
witnesses and the
responsible
p a r t i e s
and
information submitted by
Planning
Department
st a f f ,
the
responsible
p a r t y / i e s ,
and
other
witnesses. T h e record
may
be
found
a t
1650 Mission
S t r e e t ,
Su i t e
400,
San
Francisco.
Although f a c t u a l
information from the record i s
summarized below,
t h i s
d
e c i s i o n i s based on
he record
as a whole.
DESCRIPTION O F
VIOLATION
T
h e subject
property contains
two
dwelling
u n i t s .
The
Planning Department received a complaint
on
A r i l 24, 2015,
l l e g i n g
that the
property
was eing
used
f o r short
term r e n t a l s .
S t a f f
found the
property
advertised online f o r
rent
on
nightly or weekly basis
through
the
websites,
Airbnb
(www.airbnb.com)
andHackerHome
www.hackerho.me).
www.sfpfanni
~ g . o r g
7/24/2019 20 Broderick Street - Notice of Decision
2/4
20 roderick
S t r e e t
Complaint
No.
015-007923ENF
U
NLAWFUL
CONVERSION
Chapter
41A
Notice
of
Decision
S
eptember
10,2015
C
hapter
41A
of
the San
Francisco
Administrative
Code p r o h i b i t s the o f f e r i n g of
r e s i d e n t i a l u n i t s fo r
T
o u r i s t
or
Transient
use
(which
i s a r e n t a l f o r l e s s than
30 days), unless the units are
r e g i s t e r e d
on
th e
S
hort-term
Residential
Rental Registry. U n d e r
Administrative Code
ection
41A.6,
the
Hearing O f f i c e r
d
etermines
that
a
v i o l a t i o n
has
occurred,
an
administrative penalty
h a l l
be
assessed as ollows:
1
. For
the
i n i t i a l
v i o l a t i o n , not
m o r e than
four
times
the standard
hourly
administrative
r a t e
of
121.00
o r
each
unlawfully
converted
u n i t ,
or
for each
d e n t i f i e d f a i l u r e of a
Hosting
Platform
to
c
omply
with
the requirements of subsection
g ) 4 ) ,
per d a y
f r o m
the
notice
of
Complaint u n t i l
s
uch
time as the
unlawful
c t i v i t y
terminates;
2
For
the
second v i o l a t i o n
by the same
Owner(s),
Business
E n t i t y ,
or
Hosting
Platform,
not m o r e
than eight
times
the
standard hourly
administrative a t e
of
121.00
o r
each
unlawfully
converted
un i t , or f o r
each
i d e n t i f i e d f a i l u r e
of
a Hosting
Platform
to c o mpl y with
the requirements of
subsection g ) 4 ) , per
d a y f r o m
the
d a y
the
unlawful
a c t i v i t y
commenced n t i l such
time
as the
unlawful
c t i v i t y
terminates;
and
3
For
the
t h i r d and
an y
subsequent v i o l a t i o n by
the same Owner(s),
Business
E n t i t y ,
or Hosting
P
latform,
not
m o r e
than twelve times the standard hourly
administrative
r a t e
of 121.00
o r
each
unlawfully
converted
unit
or o r each
d e n t i f i e d f a i l u r e
of a
Hosting
Platform
to
c o mpl y
with
the
r
equirements
of subsection
(g)(4)
per
d a y
fr om
the
d a y
the
unlawful
a c t i v i t y
commenced u n t i l
s
uch
time
as
the unlawful c t i v i t y
terminates.
COMPLAINT AND
SUPPORTING
DOCUMENTS
On
April
24, 2015, Planning
Department s t a f f
received a
complaint
that the
subject
property was
o
perating
as
an
unauthorized
short-term
r e s i d e n t i a l r e n t a l .
S t a f f located l i s t i n g s on
the
websites
w
ww.airbnb.com, and
www .h ac k e r h o . m e which
offered individual bunk beds
and
r o o m s
in
the
upper
u
n i t
of the
property o r
short term
e n t a l s .
NOTICE
OF
COMPLAINT
AND
APPARENT
VIOLATION
O
n une
30,
2015, t a f f
issues a
Notice
of
Complaint to
the property
o wne r b y
e r t i f i e d and non- c e r t i f i e d
m
a i l .
On uly
1,
2015,
t a f f
posts
a notice at
the
subject property notifying
the
property o wne r and l l
i n t e r e s t e d
pa r t i e s
of the hearing.
ADMINISTRATIVE
HEARING
O
n
August
12,
2015, the
hearing o f f i c e r
convened
the administrative
hearing. All
t e s t i f y i n g
witnesses
w
ere
sw o r n
n
and
the hearing
was
udio recorded.
T h e
hearing
was
ttended
by
the ollowing
people:
s.
u d r e y
Butkus, Hearing
f f i c e r
r. drian
Putra, t a f f Planner
r.
Thomas
asey,
roperty
o wne r
r.
ic
Yang,
enant
M. Putra,
the case planner,
presented
the information
s u m m a r i z e d
in
the
s t a f f report
f o r
20
Broderick
S
t r e e t
including:
SAN
FRANCISCO
L NNING DEPYRTMENT
7/24/2019 20 Broderick Street - Notice of Decision
3/4
20
roderick
t r e e t
C
omplaint No.
015-007923ENF
Chapter
41A
Notice
of Decision
S
eptember
10,
2015
/ 2 4 / 1 5 :
S t a f f received a complaint concerning a property being advertise d online as
a short-term
r
e n t a l on
Airbnb
as
HackerHome
Haight
located a t 4 Monterey Boulevard
and hosted by a
person named Vic.
/ 1 7 / 1 5 :
S t a f f investigated the complaint and
f ound
that the address
provided by
he
complainant
for
HackerHome
Haight
was
n c o r r e c t
d u e
o
the
a c t
that
4 onterey
Boulevard
s
located
in
t
he
Glen
Park
neighborhood
and
not the Haight.
H owe v e r , s t a f f
was
able to
i d e n t i f y
20
B
roderick
as
the
l o c a t i o n of
HackerHome
Haight by
matching
a picture
of
a top
f l o o r
r e a r
b
alcony found
in the HackerHome
Haight
i s t i n g s
with an a e r i a l i m a g e
capture
of th e
p
roperty's top
f l o o r
r e a r
balcony
taken
by Pictometry.
S t a f f
found that
there
were
11
i s t i n g s
on
Airbnb advertised r o o m s
a t the
property
under
the
t i t l e
of HackerHome
-Haight
or
ackerHome-Buena i s t a .
S t a f f
f ound that the
Airbnb
l i s t i n g
t i t l e d
HackerHome
Haight:
Pr i v a t e
Room llowed guests to b o o k the room t
the property
for
a
minimum
tay
of 10
i g h t s .
T
he 10
ther Airbnb
i s t i n g s were
o r
shared r o o m s
equiring 30-night minimum t a y s .
However,
s
t a f f
found another
HackerHome
i s t i n g
on Airbnb t i t l e d , HackerHome
SF
Hacker
Passport,
w
hich
allows
guests to b o o k a n y HackerHome
l o c a t i o n f o r
a minimum
stay
of three n i g h t s .
A
d d i t i o n a l l y ,
s t a f f
found that
HackerHome operates a
website
(www.hackerho.me.com ) h a t
allows guests to
book
the
property
through d i r e c t messaging and
make online
payments
t o
Ha c k e rH om e
through
means outside
of Airbnb
such
as
PayPal, B i t c o i n ,
Venmo
and
Wl l e t .
/ 3 0 / 1 5 :
S t a f f
issued
a
Notice
of
Complaint t o the
property
owner.
S t a f f
sent one copy
of the
no t i c e via
USPS
e r t i f i e d
and another
c o p y via USPS
tandard Post to the
property
owner's
address
on
record.
US
Postal
Service
records
i n d i c a t e
the notice sent
by
c e r t i f i e d
mail was
unclaimed
by property
owner as
of uly
23,
2015.
T ' h e
notice sent by
USPS tandard
Post
has
not
b
een
returned
to
t a f f
as
of August 11,
2015.
/ 1 / 1 5 : S t a f f posted a Notice of
Complaint t
the
front
entrance of the subject property.
/ 6 / 1 5 : S t a f f
found
that
the
Airbnb
l i s t i n g
f o r HackerHome
Haight:
Private
Room was
m
o d i f i e d to require a 30
da y
minimum t a y . H owe v e r , he Airbnb
i s t i n g
f o r
HackerHome
SF
Hacker Passport, was t l l advertised as
allowing guests to book any HackerHome
o c a t i o n
f o r a
m
inimum tay of
three
n i g h t s .
/ 1 0 / 1 5 :
S t a f f
found that the
Airbnb
l i s t i n g f o r HackerHome
SF Hacker
Passport,
was
m
o d i f i e d
to require a 30 day minimum
t a y .
t a f f
has
not
received
a
response from
the
property
own e r or
i n t e r e s t e d
party
regarding
th e
N
o t i c e
of
Complaint
before today's
hearing.
M. Casey,
he
property owner, a v e the
following
testimony:
H
e has owned the
property
a t 20 Broderick
f o r
approximately 15
y e a r s .
Vic
Yang
s
h i s
tenant
and
he
claims
Mr.
Yang
s the
primary r e s i d e n t ' who
i v e s
t h e r e . He
had
been informed
by
Mr.
Yang
that
Mr.
Yang would
be
hosting students. He
hecked
with h i s attorney who believed
t h i s
type
of a c t i v i t y
was
l e g a l . He t a t e s
Mr.
Yang
also
informed
him
t h i s ty
pe of
r e n t a l
was
e g a l .
The Notice
of Complaint was
the i r s t
Mr. asey
had
heard
of
t h i s . He nquired as to
whether
the
law had been changed
recently
to
which
the
hearing f f i c e r
briefed
him
on he law regarding
short-term r e s i d e n t i a l
r e n t a l s .
S
AN FRANCISCO
LANNING
DEPARTMENT
7/24/2019 20 Broderick Street - Notice of Decision
4/4
20
roderick
S t r e e t
C
omplaint
No. 015-007923ENF
POST
-HEARING SUBMISSION
Chapter
41A
Notice
of
Decision
September
10,
2015
T
he
tenant, Vic
Yang,
submitted a
packet of
additional
information
on
August
16, 2015 and
August
24 ,
2
015. ummary f
the
submittal s
below:
ooking
confirmations for
l l
bunks a n d r o om s
t
the property showing
that
l l
bunks at
20
Broderick
have been
rented f o r a
period
of
at
e a s t
30
days
with
the
a s t
short-term
r e n t a l
ending
o
n uly 1 8 t h .
Additionally,the
bookings
showed
portions
of
the unit are rented long-term
i n t o
as
l
a t e
as mid
-October. Mr. utra
conducted a i t e v i s i t
to
confirm
the
e a s e s .
F
INDINGS
B
ased on
he
review
of
the record as a
whole,
the hearing
o f f i c e r
finds
as follows:
1.
That one
dwelling unit
at
the
s u b j e c t
property
was ffered
f o r
Tourist
or
Transient
use
u n t i l
a t
east
August
8,
2015.
2. T ' h e
tenant,
Vic Yang, has
provided
evidence
that
the
dwelling
unit t the
property
was
no
onger
being
used
f o r
t o u r i s t or
t r a n s i e n t use
as
of
July
18, 2015 based on booking
confirmations
submitted by Mr. ang.
CONCLUSION
A N D
ORDER
Based on he
above
findings
and
the
evidence in the record
as a
whole,
the hearing
o f f i c e r
determines that
one
dwelling
unit a t
the property
was ffered f o r
Tourist
or
Transient
through
at
l e a s t August 8,
2015 in
v
i o l a t i o n
of
AdministrativeCode
hapter
4 1 A .
Because h i s
i s
an n i t i a l
v i o l a t i o n ,
the hearing
o f f i c e r
may
assess
administrative
p e n a l t i e s
f rom
the
date
of
the
Notice
of
Complaint
(here June 30,
2015) u n t i l
the
d
ate
the
v i o l a t i o n i s cured
(here
August
8 ,
2015)
on both
a per
d i e m
a n d per
unit b a s i s .
Thus, by
h i s
d
etermination
the hearing
o f f i c e r
assesses administrative
p e n a l t i e s against
the property
o wn e r s
o r
a t o t a l
o
f
40
ays
f o r t y
days
per
o n e unit) t a r a t e of
$4 8 4
per
day. Accordingly,
administrative
p e n a l t i e s
f o r
the t o t a l
amount
f
1 9 , 3 6 0 . 0 0 , i s now d u e
to the Planning
Department.
Please
submit
a
check for
the
t
o t a l
amount
f
1 9 , 3 6 0 . 0 0 ,
payable
to
Planning
D epartment Code
nforcement Fund
immediately.
T
h i s
decision
only
concerns the
v i o l a t i o n
of Chapter
41A of the San
Francisco
Administrative
Code and
d
oes not
resolve any other
outstanding
v i o l a t i o n s un der
the
Planning
C o d e ,
uilding
C o d e ,
or
any other
m
unicipal
code.
S
i n c e r e l y ,
udrey
Bu us
H
aring O f f i c e r
C
:
Adrian
Putra,San
Francisco
Planning
Department
S
AN
FRANCISCO
NNING
DEP RTMENT
