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2024-04-14 PL-CCI-2024-000003 Bill 121 Jennifer WilkinsonTestimony
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#7 County Council Initiated - Bill No. 121 (PL-CCI-2024-000003)
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2024-04-14 PL-CCI-2024-000003 Bill 121 Jennifer WilkinsonTestimony
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Bill 121 Jennifer W Testimony
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If you are a resident owner who resides in your primary residence and wants to rent out <br /> your second dwelling, tiny home, yurt, or cabin, you CANNOT start a transient <br /> accommodation rental. §25-4-16.1(a)(2). <br /> If you are a resident owner who resides in your primary residence you CANNOT start a <br /> transient accommodation rental in your ohana after January 1, 2024. §25-4-16.1(b)(1). <br /> If you are a county resident owner who does not reside on your rental property,you <br /> CANNOT start a transient rental accommodation with on-site operator after January 1, <br /> 2024 if the property is in a residential zone. §25-4-16.2(c)(1). Even if the property is in <br /> an approved zone, the resident operator CANNOT live in a guesthouse or detached <br /> bedroom. §25-4-16.2(b)(3).And the rental CANNOT be in the ohana or second dwelling. <br /> §25-4-16.2(b)2) <br /> Statement: " . . . as long as you're doing it legally . . .if you hear someone say they cannot have <br /> a TAR on their property—they are being fed misinformation". <br /> Truth (if Bill 121 passes unamended): <br /> Hundreds of unhosted rentals currently operating legally under existing law will <br /> immediately be made illegal. §25-4-16.3(b)(2). (This is also contrary to state law <br /> HRS§46-4(a)) <br /> Any condo currently operating legally in an association that does not allow"short term <br /> vacation rentals"based on the existing legal definition will immediately be made illegal. <br /> §25-1-5. <br /> Any owner currently renting a hosted unit in a property which does not have all permits <br /> for all modifications is technically illegal and CANNOT qualify. §25-4-16.7(a)(6). <br /> Any owner currently renting space on their agricultural property that isn't their primary <br /> residence is technically illegal and CANNOT qualify. §25-4-16.1(a)(2). *(While the <br /> rules on agricultural land are state rules,the county DOES have the ability to continue to <br /> look the other way as it has done for DECADES, particularly now with the highest <br /> inflation and cost of living we have seen in decades and farms struggling to survive). <br /> They could simply exempt agricultural lands from this bill. <br /> The Community knows their individual situations better than the County,which has not <br /> performed a study. I suggest because hosted rentals are not required to register, the county simply <br /> can't appreciate the breadth of the impact on hosted rental owners. The two referenced data <br /> sources were outdated and lacked depth and qualitative research. No study has contemplated the <br /> economic impact of hosted rentals versus unhosted. <br /> 2 <br />
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