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Statement: "Impact on overall housing prices [in city and county of Honolulu] 5% <br /> increase...they [TARS] have an inflationary pressure on rental prices and overall housing costs. <br /> That is what we are trying to address here." <br /> Truth (if Bill 121 passes unamended): <br /> The counties of Kauai, Maui and Honolulu have all had short term rental regulations for <br /> decades. These regulations have not created housing nor decreased housing-related <br /> costs in those counties. And they've been trying to tweak those laws for years. <br /> Bill 108 did nothing to create housing here, nor did it reduce housing-related costs. In <br /> fact, the drafters mentioned it was nearly "impossible to enforce". How now, is literally <br /> doubling the number of residents required to obtain a permit to operate going to be any <br /> more enforceable? How is it going to be any more effective than Bill 108, or the laws on <br /> Kauai, Maui or Oahu with respect to housing creation or costs. <br /> Truth is, it won't. <br /> Statement: "HRS Chapter 49 gives the county the ability to determine what activities can take <br /> place on different land uses . . .activities that have been determined to be appropriate in those <br /> areas.. . .commercial activities are strongly regulated. . ." <br /> Truth: Counties DO have the authority to zone and to determine uses allowed in each <br /> zone. However,they do not NOT have the authority to arbitrarily change the definition of <br /> a use just so that they may phase it out. <br /> Short term rental use is residential use according to the District Court of Hawaii (see <br /> Haw. Legal Short-Term Rental All. a City of Honolulu, 22-cv-247-DKW-RT(D. Haw. <br /> Dec. 12, 2022)which noted that residential use doesn't change because of the duration of <br /> the use. Simply because someone lives somewhere on a week-to-week basis doesn't <br /> mean the `use' is now commercial use.As the court determined, "Whether a use is <br /> residential depends much more on what is being done at a residence than for how long." <br /> Hawaii county considers long term rentals,residential use, not commercial. Rentals of 30 <br /> days or more are currently treated the same as long term rentals—as residential use,not <br /> commercial. They do not require a permit, they are not subject to stringent rules, renewal, <br /> or discretion fines. Why is there some arbitrary timeframe that changes that `use' from <br /> residential to commercial? <br /> There isn't. The county cannot now argue rentals are commercial use just so they can <br /> phase them out. That is contrary to legal precedent and state law. <br /> 3 <br />