A: It depends. Here's the definition of guest: “Any person who occupies a room for living or sleeping purposes without consideration and for no longer than 30 consecutive days, no more than 60 days in a year; except that for dwellings not required to be licensed pursuant to chapter 10, "guest" means a person who occupies a room for living or sleeping purposes in a dwelling unit with the owner or owner's family residing therein without consideration.”
A: Not so fast. Let's take a look at who actually needs a rental license. Here's what the code says: “Occupancy of any dwelling by any person other than the owner of record shall be presumed to require a rental license.”
A: No. The city has some exemptions for who needs a rental license. A rental license is not required for "family occupancy" which includes all immediate and close family ("husband, wife, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson, granddaughter, aunt, uncle, stepchildren, and legally adopted children, or any combination of the above persons living together in a single dwelling unit") and "domestic units" (two or more individuals with a long-term commitment to live with and care for each other). The city also makes clear exemptions for house-sitting (up to 2 years), exchange students, medical care and childcare (with limits), and a handful of other exemptions.
A: I really wish that were the case. But no. Look carefully at the code. The definition of “guest” allows long-term guests (no 30/60 day limit) if a rental license is not required—but a rental license “shall be presumed to be required” unless the dwelling’s occupants fit one of the specified exemptions. And here’s the rub: “long-term guest not paying rent” is simply not among the exemptions.
A: Again, I really wish that were the case. But no. The city has a history of bringing $10,000+ fines in exactly such cases---regardless of what they are saying now.
A: Vote Yes on Prop 1. Doing this will ensure that the city cannot prevent you from living in your own home with persons of your choice, as long as they are not rent-paying tenants
A: We agree that it's confusing and certainly hope that the city re-writes the code to allow long-term guests. But until then, voting Yes on Prop 1 is your only guarantee.
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