7/24/2019 12 Hill Street - Notice of Decision
1/4
~~
Pa
~
COUlylfO~
U
Z
x
o
~bed,
o~t iO
SAN
.FRANCISCO
L NNING
DEP RTMENT
1 6 5 0
M i s s i
September
10,
015
S u i t e
4 0 0
Sa n
F r a n c i s
C
A
9 4 1 0 3 -
P
rovenzano-Maloney
Trust
R e c e p t i o n :
1
015 South Van
ess Avenue
4 1 5 . 5 5 8 . 6
S
an
Francisco,
CA
4110
F a x :
4
1 5 . 5 5 8 . 6
N
OTICE
OF DECISION
n
f o r m a t i o n
4
1 5 . 5 5 8 . 6
S
F
dministrative Code hapter41A
Short
Term esidential Rental
S
i t e
Address:
1 2
i l l
S t r e e t
A
s s e s s o r s Block/Lot: 3617/046
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
omplaint
Number:
2015-008003ENF
H
earing
O f f i c e r : Adrian C .
utra,
415) 75-9079 or
DE C I S I O N
T
he Directof
appointed
hearing o f f i c e r , Adrian C. Putra, has determined t h a t Provenzano
-Maloney
T
r u s t , the
owners
of 1 2 i l l
S t r e e t
were
n v i o l a t i o n of
the Administrative
Code
hapter
41A
o r i l l e g a l l y
o
f f e r i n g
two
welling
u n i t s
f o r rent
as a o u r i s t
or
Transient use
a . k . a .
short-term
r e n t a l ) . The e t a i l s
of
t
he
i o l a t i o n
and
d e c i s i o n are discussed
below.
T
h i s decision
s based o n
the n t i r e t y of h e record before
the hearing o f f i c e r ,
including
but not i m i t e d to
t
estimony of
witnesses
and
the responsible
party
and
information
submitted by
Planning Department
s
t a f f , the
responsible
p a r t y / i e s , an
d
t h e r
w i t n e s s e s . The
record
may be found a t 1650
Mission
S t r e e t ,
S
u i t e
400, San F r a n c i s c o . 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 the record a s a whole.
DESCRIPTION O F I O L A T I O N ;
T
he
s u b j e c t
property i s a two-story
building c ontaining seven- u n i t
dwelling
u n i t s .
The Planning
Department received a complaint
on June
24, 2015, a l l e g i n g t h a t
dwelling
u n i t s a t 1 2 H i l l S t r e e t a r e
o
p e r a t i n g as unauthorized
short-term
r e s i d e n t i a l r e n t a l s ( a . k . a .
Tourist
or
Transient
s e ) .
U
NLAWFUL CONVERSION
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
f o r
T
o u r i s t
or
Transient
use
which
i s
a
r e n t a l fo r
l e s s than 30
days), unless
the u n i t s
are
r e g i s t e r e d
on
he
w
w w . s f p l a n n i n g . o r g
7/24/2019 12 Hill Street - Notice of Decision
2/4
12
i l l
S t r e e t
Complaint No. 015-008003ENF
Chapter41A otice of ecision
S
eptember
10,
015
S
hort-term R e s i d e n t i a l Rental e g i s t r y . Under Administrative Code e c t i o n
41A.6,
f the
Hearing
O f f i c e r
d
etermines h a t a v i o l a t i o n
has
occurred, n
administrative
penalty h a l l
be
assessed
as o l l o w s :
1. For the
i n i t i a l
v i o l a t i o n , not more than four tunes the standard hourly
a d m i n i s t r a t i v e
r a t e
of
$
121.00
o r each unlawfully
converted
u n i t , 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
omply
with
the requirements of subsection
g ) ( 4 ) ,
per
day
r
om
the
n o t i c e
of
Complaint
u n t i l
s
u c h time as
the
unlawful c t i v i t y
t e r m i n a t e s ;
2
. For
the second
v i o l a t i o n
by
the same
Owner(s),
usiness
E n t i t y ,
or
Hosting
Platform,
not
more
th an
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
comply with
the
requirements
of
s
ubsection g ) ( 4 ) ,
per day
from the
day
the
unlawful a c t i v i t y
co m m en ced u n t i l such time
as the
unlawful c t i v i t y t e r m i n a t e s ; and
3
.
For the t h i r d and
any
subsequent v i o l a t i o n
by
the
s a m e
Owner(s), Business E n t i t y ,
or Hosting
P
latform,
not
mor e than twelve times
the
standard hourly administrative 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 t o c ompl y
with
th e
requirements of subsection g ) ( 4 ) per day rom the day the unlawful
a c t i v i t y
co m m en ced
u n t i l
s
u c h
time
as the
unlawful
c t i v i t y
t e r m i n a t e s .
COMPLAINT
A N D
SUPPORTING DOCUMENTS
O
n
June
24, 2015, Planning
Department
s t a f f
received
a complaint t h a t dwelling u n i t s a t the s u b j e c t
property
w e r e
operating
as
an unauthorized short=term r e s i d e n t i a l r e n t a l s . S t a f f found t h a t t w o n i t s a t
t
he
property were
f f e r e d
as
hort
term e n t a l s
on Airbnb www.airbnb.com),
N
OTICE O F COMPLAINT
A N D
A P P A R ENT VIOLATION
O
n
une
30, 2015,
t a f f
i s s u e s a Notice
of
Complaint o the property
owne r
by 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, 015,
t a f f
posts a o t i c e a t the u b j e c t
property
o t i f y i n g
the owners
of
the hearing.
ADMINISTRATIVE HEARING
O
n
A u g u s t
12, 2015, the hearing o f f i c e r
convened
the
a d m i n i s t r a t i v e hearing.
All t e s t i f y i n g
witnesses
w
ere s w o r n in and
he hearing
was
udio recorded.
The
hearing
was
ttended by the
ollowing
people:
r
drian
utra,
hearing f f i c e r
s. aura Lynch, t a f f planner
r
a r c
rovenzano,
roperty
o w n er
M
.
Lynch,
t a f f
planner
gave
the following testimony:
n
une
25,
015,
t a f f
l o c a t e d
a c t i v e short
term
e n t a l
l i s t i n g s
f o r
u n i t s
a t the property on Airbnb.
n July 2, 2015,
s t a f f
found t h a t the Airbnb l i s t i n g s have been modified to
s t a t e
a
31 day
m
inimum
t a y ;
however
the
body of
the i s t i n g s s t l l provided a
d a i l y
and
weekly a t e with th e
f
ollowing
statement:
I f
y o u
are i n t e r e s t e d
in
staying
l e s s
than 3
ights in
a s l o t t h a t s h o w s
a v a i l a b i l i t y - Please send u s a message by
entering
d i f f e r e n t dates and a message.
n uly
3,
015,
t a f f
found
h a t the i s t i n g s
have
been removed from Airbnb.
M
. Provenzano,
d e n t i f i e d
himself
as one of the property owners and gave the
following
testimony:
S A N
FRANCISCO
L NNINGDEP RTMENT
7/24/2019 12 Hill Street - Notice of Decision
3/4
12
i l l
Street
Complaint No.
015-008003ENF
Chapter
41A Notice of Decision
S
e p t e m b e r
10,
2015
he
two
n i t s l i s t e d as short-te rm r e n t a l s
on
Airbnb w e r e managed
by
his
wife who
was not
p
r e s e n t ) , who s
a l s o
an
owner f the
property.
ne of the
units
i s
vacant
and
was
f f e r e d
as
a
short-term
r e n t a l a f t e r
the tenants
moved out,
w
h i l e the
other
unit o f f e r e d for
short-term
r e n t a l i s tenant
occupied, and was
ffered on Airbnb
w
i t h
the
e n a n t s
permission
to
help cover
his
e n t .
he
ddre ss of the unit
i d e n t i f i e d
as Kevin') ccupied
by tenant
s 12 2
H i l l S t r e e t , Unit
1.
he ddress
of
the
vacant unit
s
12 i l l S t r e e t ,
Unit A, hich according
to
the own e r
s
currently
u
ndergoing
renovations and w i l l be occupied by
his
mother.
POS T
-HEARING SUBMIS SION
M. Carrie Maloney,
property owne r,
ubmitted
additional information
on A u g u s t 24,
2015.
ummary
of
he
submittal
s below:
a r t i a l
screenshots f r o m Airbnb showing
that h e i r two i s t i n g s
have
b een
deactivated f rom he
w
e b s i t e .
ecord
of
completed transactions
f o r the
period
f r o m
July of
2015
to
D e c e m b e r of
2015,
s
howing
that
both
units
w e r e reserved f r o m
J u n e 30,
017
o
July 7,
015.
M.
Lynch went
on
a s i t e v i s i t
of
th e s u b j e c t
property
on A u g u s t
27,
2015,
to m e e t
with
th e
property
owner and inspect the tw o u n i t s previously l i s t e d
on
Airbnb.
According
to Ms.
ynch,
during
her
s i t e
vi s i t
she
fo und the
unit which
the
owner
dvised w i l l be occupied
by
is
m o t h e r
to be completely
u nder
c
onstruction. When nspecting the second u n i t , which
the
own e r claimed i s occupied by a tenant; Ms.
Lynch reported
that
she
observed
t h a t :
he
roperty
own e r t a t e d that
the unit s rented o u t u l l time
by a
resident
and h i s
g i r l f r i e n d
an
d
t
hat they
moved
n to the unit
in October 2014.
The
fridge was mpty.
he l o s e t s did
not
have any clothes
in t h e m .
he ed room did not
appear
to
be occupied.
h e room
ontained
a
number
f items p i l e d
around
the room o r a baby and
ooked as f i t
could
be
sed
for s t o r a g e .
hen sked about
providing
a e a s e ,
proving
a 30 day
tenant, he propert y owner
esponded that
h
e
did
not believe there
was
lease ag reement or
the
u n i t .
M.
Provenzano
submitted on
e p t e m b e r
2,
2015, a
copy
of
the
lease
for
his
tenant who
he i d e n t i f i e d as
evin
in
his
testimony
during the Administrative Hearing
h a t , t o o k
place on u g u s t
12,
015.
F
INDINGS
Based
on
he
review of the record as a
whole,
he
hearing
o f f i c e r
finds
as
follows:
1.
That
two
dwelling
units at
th e u b j e c t
property
w e r e
i o l a t i o n
of
operating
as an l l e g a l Tourist or
T
ransient
u s e n t i l at
e a s t
Ju ly 7, 015.
2
. As of July 3, 2015, the
two
dwelling
units
at the
property
w e r e
no
longer offered for
t o u r i s t
or
t
ransient
use based
on
he Airbnb i s t i n g s for the
property
being
r emov ed.
SAN FRANCISCO
P
NNING
DEP RTMENT
7/24/2019 12 Hill Street - Notice of Decision
4/4
12 i l l S t r e e t
omplaint No. 015-008003ENF
Chapter
41A Notice of Decision
S
eptember
10,
015
3
.
However, hort
term
r e n t a l
a c t i v i t y
continued
at
both
units u n t i l
July 7, 2015,
based
on
a record
o
f
completed t r a n s a c t i o n s f o r
the
period from July of 2015 to
December
of
2015, ubmitted by Ms.
loney showing that both
units
were reserved from June
30,
017 o July 7,
015.
C
ONCLUSION
AND
ORDER
B
ased
on
he above findings
and
the
evidence in
the record
as a whole,
he hearing
o f f i c e r
determines
that
t
wo
welling units at
the
property were
operating
as a Tourist or Transient use through July 7,
2015
in
v
i o l a t i o n
of
Administrative Code
hapter
41A.
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 r
om
the
date of
the
Notice
of
Complaint (here June 30,
2015)
n t i l th e
d
a t e the
v i o l a t i o n
i s cured (here July 7,
2015)
on
both
a per diem and per unit
b a s i s .
T hus ,
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
owners for a
o t a l
o
f
16
d a y s
three
days
per
each
unit)
at a a t e of $484 per day. Accordingly,
administrative p e n a l t i e s
for
the
t o t a l
amount of
7 , 7 4 4 . 0 0 ,
i s now
due
o
the
Planning
Department.
Please submit
a
check for
th e
t
o t a l
amount f
7 , 7 4 4 . 0 0 ,
payable to
Planning
Department Code
nforcement Fund immediately.
Si n c e r e l y ,
drian
C .
utra
Haring Officer
:
Laura
Lynch, lanner,
San Francisco
Planning
Department
S
AN FRANCISCO
P
AlJNING
DEP RTMENT
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