CITY AND COUNTY OF SAN FRANCISCO DENNIS J. HERRERA City Attorney OFFICE OF THE CITY ATTORNEY JENNIFER CHOI Deputy City Attorney Direct Dial: Email: (415) 554-3887 jennifer.choi@sfcityatty.org May 20, 2020 Via Electronic Mail Globe, Inc. dba Globeliving c/o Emmanual Bamfo, CEO “manny@globeliving.com” “contact@globeliving.com” Re: Violations of law at Globeliving locations in San Francisco Dear Mr. Bamfo: The San Francisco City Attorney’s Office has learned of Globe, Inc.’s operation of Globeliving, a platform that links hosts and renters for hourly rentals of residential properties, “to work & find peace & quiet from your roommates or family.” (https://globeliving.com (May 19, 2020)). The testmonials on your site also suggest that at least some of the rentals are already occupied by residents looking to make extra income by allowing renters to use and rent their property by the hour. Given the current COVID-19 pandemic, your operation of Globeliving at properties located in San Francisco raises serious health and safety concerns. Both the Governor of California and San Francisco’s Local Health Officer have proclaimed a state of emergency due to the threat posed by COVID-19. On March 16, 2020, San Francisco’s Local Health Officer issued a Shelter In Place Order, requiring all individuals to remain in their homes, except to engage in essential activities. On May 17, 2020, San Francisco’s Local Health Officer extended this order indefinitely, with some modifications. (“Order”). The Order found that mitigation measures were still needed to combat COVID-19 because it “is easily transmitted, especially in group settings, and the disease can be extremely serious.” A copy of the Order is enclosed with this correspondence. Globe, Inc.’s hourly rental business appears to violate the Order as well as the San Francisco Planning Code and chapter 41A of the San Francisco Administrative Code, which regulate rentals of less than 30 days and accessories to a residential use. Failure to abide by the Order is a nuisance under the San Francisco Health Code and subject to immediate abatement. Furthermore, such failure is punishable by fine, imprisonment or both pursuant to San Francisco Administrative Code section 7.17(b) and California Penal Code section 148. California Penal Code section 409.5 also authorizes the City to close down properties constituting a menace to public health. Likewise, failure to abide by the San Francisco Planning Code is a nuisance and is punishable by fines of up to $1,000 per day. Likewise, failure to abide by Chapter 41A of the Administrative Code is punishable by fines of up to $484 per day. /// FOX PLAZA ∙ 1390 MARKET STREET, SIXTH FLOOR ∙ SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 ∙ FACSIMILE: (415) 437-4644 q:\images\covid 19\letters to business and property owners\2020-05-20 ltr to globeliving.docx CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY Page 2 Your website provides limited information as to your business’s operation. Please provide the following information: 1. The address of each San Francisco property currently available for rent through your platform. 2. The address of each San Francisco property where the host is also a resident of the property. 3. Whether rentals are open to anyone, or limited to a particular category of individuals, such as essential workers, as defined in the Order. 4. The procedures implemented by your company, if any, to protect both hosts and renters from the transmission of COVID-19. In the absence of this information, and without a convincing explanation of why your business is not in violation of the Health Order, the San Francisco Planning Code, and the San Francisco Administrative Code, you will leave this Office no choice but to conclude that your business is operating unlawfully and subject your business as well as yourself to the above-stated consequences. Please email Deputy City Attorney Jennifer Choi (jennifer.choi@sfcityatty.org) with the information requested above by no later than 4:00 p.m. Friday May 22, 2020. Thank you. Very truly yours, DENNIS J. HERRERA City Attorney /s/ Jennifer Choi JENNIFER E. CHOI Deputy City Attorney Encl. q:\images\covid 19\letters to business and property owners\2020-05-20 ltr to globeliving.docx