Real Estate Law in the Sharing Economy New technologies have sparked the emergence of the sharing economy: where people can rent things or their time to their peers through exchange platforms. This can includes cars (FlightCar, GetAround, Turo), time (TaskRabbit), rides (Lyft, Uber), and homes (HomeAway, Airbnb) just to name a few. This webinar, hosted by attorney Simon Offord of the Law Offices of Peter N. Brewer, will explore the important real estate law considerations for property owners who want to list their properties on short term rental platforms, such as Airbnb and HomeAway. The free webinar will address the following: What is the 'sharing economy'? How to Determine If You Can Legally List Your Property What Kind of Restrictions Exist (and How to Find Them) What Issues May Arise? ADA, FHA, & Discrimination Considerations Additional Terms & Considerations

2. DISCLAIMER
You agree, by participating in this webinar, that
the information presented does not constitute
legal advice and is being presented for
informational purposes only. You agree that no
attorney-client relationship is established or
assumed by participating in this webinar and that
the information or suggestions presented in this
broad overview may not apply to your specific
circumstances.

5. MOBILE APPS &
PLATFORMS
__________
PEER-TO-PEER
__________
HOUSES, CARS,
CLOTHES, TASKS,
ETC.

6. TRENDS
•SEEKING ADDITIONAL
INCOME
•MORE REGULATIONS
•BLURRED LINES

8. EACH CITY HAS
OWN RULES, IF
ANY
__________
APPLIES TO BOTH
RENTERS &
OWNERS

9. RULES FOUND IN
HOMEOWNER’S
ASSOCIATION
CC&Rs

10. LEASE TERMS
ABOUT
SUBLETTING
AND/OR GUEST
CLAUSES
__________
MOST STANDARD
LEASES CONTAIN
PROVISIONS

12. # OF
RENTAL
DAYS
•TOTAL IN A
YEAR
•CONSECUTIVE
DAYS

13. RECORD
KEEPING
•OWNER
RESPONSIBILITY
•RECEIPTS &
PROOF

14. PERMITS &
REGISTRATION
•POTENTIAL FEES
•SOME REQUIRE
BUSINESS
LICENSE

15. TAXES
•HOTEL TAX
•OWNER
RESPONSIBLE FOR
RECORDING

16. LIMITS ON
REVENUE
•RENTERS: NOT
EXCEED
MONTHLY RENT
AMOUNT

17. San
Francisco

18. (1)
1 UNIT PER PERSON LIMIT
________
• PER REGISTRATION
• PERMANENT RESIDENT (275 DAYS)

19. (2)
90-DAY ANNUAL CAP, ENTIRE UNIT
________
• PORTION OF UNIT = NO CAP
• DOESN’T APPLY IF “HOSTED”
• $1,000 PER DAY FINE

20. (3)
PLANNING DEPT. REGISTRATION
• APPLICATION + FEE
• INSURANCE: $500,000, SHORT-TERM
• NO CODE VIOLATIONS
• PRIMARY RESIDENCE
• BUSINESS CERTIFICATE

21. (4)
30 DAYS OR LESS RENTAL PERIOD
________
• RIGHTS AS TENANT AFTER 30 DAYS
• RENT CONTROL
• EVICTION PROCEDURES

22. (5)
MUST PAY HOTEL TAX
________
• 14% ON REVENUE OF ROOM
• TRANSIENT OCCUPANCY TAX

23. (6)
ADVERTISEMENTS
________
• MUST ADVERTISE WITH REGISTRATION
NUMBER

24. (7)
RECORD-KEEPING
REQUIREMENTS
________
• TRACK NUMBER OF DAYS RENTED
(CONSECUTIVE & TOTAL DAYS)

25. (8)
SAFETY CONCERNS
________
• EXIT SIGNS ON DOORS
• FIRE EXTINGUISHERS
• GAS/WATER SHUT-OFFS

26. MUNI CODES
ONLINE
__________
CC&R DOCUMENT
__________
LEASE

28. AFFECT NEIGHBORS’
USE & ENJOYMENT
OF PROPERTY
__________
CAN NOT CONTROL
RENTER BEHAVIOR
__________
ACTIVITY MAY
VIOLATE CC&Rs

29. NOISE
SMOKING
PARKING/TRAFFIC
PETS

30. HIGH TURNOVER
__________
COMMON AREAS
__________
SAFETY OF
COMMUNITY
__________
KEYS & ACCESS

31. SOME PROTECTIONS
IN AIRBNB
CONTRACT, BUT...

32. SOME POLICIES COVER
ONE-TIME EVENT
__________
BUSINESS ACTIVITY
NOT COVERED

33. TYPE OF POLICY:
HOMEOWNER
OR
INVESTMENT
PROPERTY

34. AFTER 30 DAYS,
BECOME “TENANT”
__________
EVICTION =
ENFORCEMENT
VS. CONTRACT
__________
ATTORNEY FEE
PROVISION

36. MAY NOT APPLY
__________
MORE UNITS, MORE
LIKELY
__________
DISCRIMINATION
ALWAYS ILLEGAL
__________
RETROFITS

37. SERVICE
ANIMALS

39. ARBITRATION
PROVISION
__________
SECURITY
DEPOSITS
__________
HOUSE RULES

40. OVERSTAYS
•2X NIGHTLY RATE
•SERVICE FEES
•LEGAL FEES

41. POSSIBLE DEED OF
TRUST VIOLATIONS
__________
LIABILITY FOR
SERVICE
PROVIDERS
• PROPERTY MANAGEMENT
• CLEANING SERVICES