On August 12, 2021, the San Francisco Health Officer issued an update to the Remain Safely Together Health Order that replaces the August 2, 2021 update (“New Update”).

This New Update generally preserves the previous mask mandate but adds new language regarding the requirement for proof of vaccination.

This is a summary of some of the main points of the New Update relevant to short term rental Hosts. Members should nevertheless read the entire New Update to familiarize yourself with its terms.

What does this mean for short term rental Hosts?

1. Proof of Vaccination
   The good news for Hosts is that in Appendix B, the mandate to require proof of vaccination, where businesses MUST ask to show proof of vaccination, only applies to “Covered Businesses,” which does not include short term rentals. “Covered Business” includes places where food and drink are served indoors, such as bars and restaurants, and places where patrons engage in elevated breathing or cardiovascular exercise, such as gyms, yoga and dance studios etc.
   
   However, short term rentals are covered by a general, less strict provision in Section 4(a) where Hosts are “urged to require” Guests to provide vaccination proof before unmasking:
   
   “Businesses and other entities are urged to require people to provide proof that they are Fully Vaccinated before allowing people to remove their Well-Fitted Mask to the extent allowed in Section 5 below. For clarity, even if a Business or other entity does verify that people are Fully Vaccinated, people still must wear a Well-Fitted Mask as required by this Order.”
   
2. Masking
   The New Update preserves the previous requirements:
   1. Section 1 of Appendix A requires that “Everyone, including people who are Fully Vaccinated, must wear a Well-Fitted Mask in indoor public settings at all times.”
   2. Section 5(a) of Appendix A specifically mentions short term rentals: “For clarity, people must wear Well-Fitted Masks whenever they are in semi-enclosed spaces such as cubicles and common areas for shared living settings, such as hotels, shared rentals with multiple households, dormitories, fire station, lobbies, and elevators. A Well-Fitted Mask must be worn if the person in an indoor space where others who are not part of their Household routinely are present.” In other words, masks are required in hosted rental situations (where the Host shares the residential unit with the Guest during the reservation) in areas for shared living spaces (such as the living room, hall entrance or kitchen).
      
      There are certain exemptions for medical or safety reasons, children younger than 2 years old, actively eating or drinking, etc.
      
3. Hosts must also post a sign at public entrances
   
4. Penalty
   As before, the New Update states that failure to comply “constitutes an imminent threat and menace to public health, constitutes a public nuisance and is punishable by fine, imprisonment or both.”