Residential Hotel Unit Conversion and Demolition FAQ
REGARDING THE ANNUAL UNIT USAGE REPORT AND RECORDS OF USE REQUIREMENTS
ANNUAL UNIT USAGE REPORT MUST BE FILED ON NOVEMBER 1ST OF EACH CALENDAR YEAR
A1. What is the Annual Unit Usage Report (AUUR) and why must it be filed?
Chapter 41 of the San Francisco Administrative Code known as the Residential Hotel Unit Conversion and Demolition Ordinance (commonly referred to as the Hotel Conversion Ordinance or HCO) requires that all Apartment Houses or Hotels with certified residential guest rooms per said Ordinance, file an AUUR unless the guest rooms are operated by an organization which is classified as a Nonprofit per Title 26 Section 501(c)(3) of the United States Code. The Housing Inspection Services Division of the Department of Building Inspection (DBI) mails a blank AUUR form to the property owner in September of each calendar year.
A2. Who is supposed to file the AUUR and when must it be filed?
The building owner is responsible for filing the AUUR. A copy of the AUUR is sent to the building owner, lessee and/or hotel operator we have on file.
The Report should be submitted to DBI by November 1st of each calendar year.
A3. What do I have to do to complete and file the AUUR?
You must complete and return all pages of the Report form, with a graphic floorplan, and the Daily Logs for the first Friday of the last 12 months, November through October and include the filing fee payable to the San Francisco Department of Building Inspection.
A4. Can I have additional time to file the AUUR?
The AUUR is due on November 1st every year. If you need additional time, please submit your request in writing (to the attention of Housing Inspector Matt Luton) explaining the reason for the extension (which cannot exceed 30 days). You may fax or mail your request to, Housing Inspection Services, 1660 Mission Street, 6th floor, San Francisco, CA 94103-2414, Fax (415) 558-6249.
A5. What if I fail to file the AUUR or provide an insufficient filing?
The penalty for insufficient filing of the AUUR is $500 per day after the 15-day period for which the owner or operator fails to furnish the requested information or written explanation; AND ineligibility for the temporary tourist conversions as provided in Section 41.19 for twelve months. Failure to file the AUUR is $1,000 per month; AND ineligibility for the temporary tourist conversions as provided in Section 41.19 for twelve months.
A6. What kind of Notice do I post on my building when I complete the AUUR and submit it to the Department of Building Inspection?
You may use a copy of your filed AUUR as your posted notification, or you may post your own notice specifying that a copy of the AUUR submitted to DBI is available for inspection between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday at the Housing Inspection Services Counter, 6th floor, 1660 Mission Street. This Notice must stay posted for 30 days following your submittal.
A7. How do I know how many certified guest rooms are in my building?
Your “Certificate of Use” contains the number of residential and tourist guest rooms in your building. If you do not have a copy of the Certificate of Use, please call Housing Inspection Services at (415) 558-6220.
A8. What is the difference between a residential guest room, tourist guest room, and an apartment unit?
A guest room is a legal sleeping room typically without approved cooking facilities. Private bathrooms may exist but are not a requirement. An apartment is a dwelling unit which must have provisions for sleeping, cooking, and a private bathroom. Residential guest rooms must be rented for a period not less than 32 consecutive days to a permanent resident. A tourist guest room can be rented to a tourist on a nightly basis. For temporary changes of use review Section 41.19 of the HCO.
A9. Do I have to file the AUUR if I consider my building to be an Apartment House, a Bed and Breakfast, Boarding House, or another residential use?
Yes, you must file an AUUR if you have residential guest rooms certified by the HCO. Note that buildings that are considered a Residential Hotel for purposes of this Ordinance may have legal apartments (dwelling units) in addition to guest rooms.
A10. Do I have to file the AUUR if my building is vacant, damaged, partially occupied, or has long term residents?
Yes, you must file the AUUR with the filing fee and indicate the nature of the building’s vacancy or partial occupancy.
A11. Do I have to file the AUUR if my Residential Hotel is being operated by a Nonprofit Organization or Lessee?
You do not have to file the AUUR so long as you submit written proof to Housing Inspection Services that the Hotel is being operated by a Nonprofit Organization per Title 26 Section 501(c)(3) of the United States Code. When the operation of the Hotel converts back to other than a Nonprofit you must notify this Department and file the AUUR.
A12. Do I have to file Daily Logs with the AUUR if I only have monthly or long term rentals?
Yes, you must file the required Daily Logs.
A13. Do I have to use the City’s Daily Log Form or can I use my own?
You may use the City form which is provided for your convenience or a form you create, so long as you indicate on the daily log the date, whether the guest room is occupied for residential or tourist use or is vacant, and the name under which the occupant is registered for that day. You must keep and maintain corresponding receipts for both residential and tourist guest room rentals. Rent rolls, tenant rolls or housekeeping logs do not satisfy the requirements of Chapter 41 and will not be accepted as Daily Logs.
A14. If my Guest Room designations are different from what is indicated on the AUUR what should I do?
Contact Nicole Rossini at 415-558-6220 by the next business day of any changes in room designation.
A15. What if I have received the AUUR (to be filled out) and I have recently sold the property to another party?
Contact Housing Inspector Matt Luton as soon as possible per the information in item #4 above. Remember that you or your lessee were required to keep all HCO records for two years pursuant to Section 41.9. If you recently sold the property you must insure that this information was given to the new owner or authorized agent.
A16. I am the Operator of a Residential Hotel and the property owner has not sent me the blank AUUR form to be filled out. How can I get the form so I may complete the AUUR and submit it?
You may get this form at the Housing Inspection Services Counter, which is located on the 6th floor at 1660 Mission Street. Please contact Nicole Rossini at (415) 558-6220 to obtain a copy of the AUUR form.
B1. What Records of Use am I required to keep at the hotel?
- The Certificate of Use and Weekly Report must be posted in the hotel lobby.
- Daily Logs and rent receipts must be maintained and made available for review at the hotel.
- These Records of Use must be kept and maintained at the subject hotel for no less than 24 months.
B2. What should the Daily Log contain?
- Daily Logs must contain the address of the hotel and the date. (These logs are to be maintained on a daily basis, not weekly, monthly or only when rent payments are received.)
- Daily Logs must include and account for all guest rooms on a daily basis (the first column of the Daily Log should indicate the room # or letter).
- Daily Logs must indicate whether each guestroom was used for tourist use, residential use or vacant on a daily basis (by checking the appropriate column).
- Daily Logs must provide the occupant(s) complete name for each occupied guest room on a daily basis.
- Only include legal guest rooms. Do not include legal dwelling units or storage rooms in your Daily Log account.
- Rent rolls, tenant rolls or housekeeping logs do not satisfy the requirements of Chapter 41 and will not be accepted as Daily Logs.
B3. What should the Weekly Report contain?
- Weekly Reports must be completed and posted in the lobby of the subject hotel before noon on Monday with information for the previous week.
- Weekly Reports must contain the address of the hotel and the dates of the previous week (each week is from Monday to Sunday).
- Weekly Reports must indicate how many guest rooms were rented for less than 7 days (tourist guest rooms) on each day of the previous week, Monday to Sunday
- The hotel owner/operator must sign & indicate the date the Weekly Report is posted.
B4. What should the Rent Receipts contain?
- Rent Receipts must indicate the address of the hotel.
- Rent Receipts must provide the date the receipt is issued and the name of the person who has issued the receipt.
- The complete name and room number of the occupant must be stated on the Rent Receipt.
- The Rent Receipt must state the dollar amount and the duration of stay paid for.
- Rent Receipts must be maintained for all rent payments. Maintaining Rent Receipts only on request or for cash payments is not sufficient.
B5. Who needs to file a graphic floorplan and what should the floorplan contain?
- Graphic Floorplan is now required by Ordinance No. 38-17 to be included in the Annual Unit Usage Report submittal to DBI annually. Submittal of an updated graphic floorplan is also required if room designations change during the year.
- Graphic Floorplans should be prepared as follows:
- Minimum scale 1/32” per foot
- Show each floor
- Label each guestroom with room number and room type