2024-04-01 PL-CCI-2024-000003 Bill 121 Darla Hartvigsen Testimony

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April 1, 2024 Hawaii County Bill 121 — Relating to TAR and Hosting Platforms Aloha Councilmembers, My name is Darla Hartvigsen, REALTOR® Managing Broker of Equity Hawaii Real Estate, and 2024 Immediate Past President of Hawaii Island REALTORS®. Collectively, the REALTORS® of Hawaii Island oppose "TAR Ordinance" Bill 121 for the following concerns: Erosion of private property rights. Homeowners should maintain the right to use their home for residential purposes regardless of length of tenancy or number of occupants. Furthermore, the County should not dictate to private property owners which parts of their home they may occupy, or rent, or how many visitors they may allow. County regulation directly conflicts with State law. For example, increasing the minimum duration for short-term rentals from 30 to 180 days poses legal complexities. This change unfairly strips many homeowners of their current usage rights, impacting the value and utility of their properties. Another example is noise restrictions, which should not be applied differently for users of TAR's, then other visitors or residents. One standard should be reasonably enforced equally across all people. Endangers housing security. Bill 121's exemptions, by focusing on specific professional groups, such as health care workers, even as outlined in state legislation, inadvertently create a discriminatory framework. This selective approach overlooks the broader spectrum of housing needs. Unreasonable and excessive fines, fees, and processes. The onerous application process, initial, and renewal fees outlined in this bill creates an undue financial burden on lower income residents. The $10,000 penalty for violation of the TAR Ordinance is unreasonably punitive. Article I, section 12 of the Hawaii Constitution, prohibits the imposition of "excessive fines"; and violation of the TAR Ordinance would be ■ @quity HAWAII REAL ESTATE