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2024-03-27 FAQ Bills 121, 122,& 123 Council Chair Heather Kimball
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2024-04-18 Leeward
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#8 County Council Initiated - Bill No. 122 (PL-CCI-2024-000004)
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Additional Info Provided at WPC 4.4.2024 Hearing
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2024-03-27 FAQ Bills 121, 122,& 123 Council Chair Heather Kimball
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FAQ Bills 121, 122,& 123 Council Chair Heather Kimball
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Hawaii Housing Factbook: https://uhero.hawaii.edu/wp- <br /> content/uploads/2023/06/TheHawaiiHousingFactbook.pdf <br /> Does this mean my existing TAR could be shut down by the county? <br /> As long as your TAR is operating legally, then Bill 121 allows you to continue operating. <br /> Some things that could result in the closure of an existing TAR: There is no GET license for <br /> the property, GET, property tax or TAT have not been paid, the TAR is in a structure that does <br /> not meet safety requirements. <br /> If I am a resident, can I start a TAR later if I don't have one already on my property now? <br /> Yes, owner-hosts who use a property as their primary residence, as determined by the <br /> same criteria as the IRS determines your residency, can start a TAR at any time and in any <br /> zoning as long as the TAR is offered in the main dwelling, a detached bedroom, or a guest <br /> house. <br /> Are TARs on agricultural land illegal? <br /> No, legally operated TARs with an existing nonconforming use certificate will still be able to <br /> operate. Operator-hosted TARs on agricultural land active prior to January 2024 will also be <br /> grandfathered in with a non-conforming use certificate. Finally, owner-hosted TARs can be <br /> started at any time in the first farm dwelling, a guest house, or a detached bedroom. <br /> "Additional Farm Dwellings"are not permitted to be used as TARs, this is state law(Hawaii <br /> Revised Statutes 205) and not part of Bill 121. <br /> Are TARs in Lava Zones 1 and 2 illegal? <br /> No, TARs are not regulated by the County based on lava zone designation. <br /> Do I need a licensed broker to manage my vacation rentals if I own multiple rentals? <br /> If you manage multiple properties owned by different owners, then according to state law <br /> you need a realtor's license. However, if you own more than one property or manage more <br /> than one property owned by a single person you do not need a realtor's license. <br /> If I have an Ohana or guesthouse, can I live in the main dwelling and rent out the <br /> Ohana or guesthouse? <br /> Yes, under the proposed legislation,you can live in the main dwelling and rent out an <br /> ohana or a guesthouse, though an Ohana requires a nonconforming use certificate. <br /> If I have an Ohana, guesthouse or detached bedroom , can I live in the Ohana, <br /> guesthouse or detached bedroom and rent out the main house? <br />
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