2024-04-16 Bill 121 Rachel Nack - Laserfiche WebLink

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From: Rachaelle To: LPCtestimonv Subject: Written Testimony for Proposed Bill 121 Date: Tuesday,April 16,2024 8:53:20 AM My name is Rachel Nock, and I am a member of National Association of Realtors and Hawaii Island Board of Realtors. I am writing to the County of Hawaii Council to state my opposition to some of the issues of Proposed Bill 121: An Ordinance for Hosting Platforms Amending Chapter 25, Articles 1, 4, and 5 of the Hawaii County Code 1983 (2016 Edition, as Amended), Relating to Transient Accommodation Rentals and Hosting Platforms. Bill 121 takes property rights away. As homeowners, we have the right to use our homes for residential purposes and length of tenancy occupancy should not be regulated, nor should the areas in which we rent our homes. Also, we should not be required to place signage at the curb to inform the public we are a vacation rental due to security issues. Bill 121 conflicts with Hawaii state law. Eliminating existing unhosted transient rentals of 31 days or greater without allowing nonconforming use permits for homeowners is prohibited by State Law. Increasing the minimum duration for short-term rentals from 30 to 180 days poses legal complexities and could result in unnecessary litigation. This change unfairly strips many homeowners of their current usage rights, impacting the value and utility of their properties. This is especially relevant considering a recent Oahu ruling (Hawaii Legal Short-Term Rental Alliance v. City and County of Honolulu), where a judge maintained the 30- day minimum and highlighted the legal and equitable issues of extending the minimum period. Bill 121 will disproportionately hurt those on the lower socio-economic spectrum. No evidence has been presented by the County to demonstrate that property currently used for transient accommodation will convert to long-term or affordable housing. The inherent risks (Landlord-Tenant code and emergency proclamations) in providing residential housing combined with lower rental rates deter many owners from offering their rentals in the long-term market. Residents who specialize in servicing such properties, offering maid service, handyman assistance, and landscaping, especially in rural areas, will be affected. If these individuals have fewer opportunities for work, they may be compelled to either leave the island or commute long distances for lower-paying employment. These unintended consequences further hinder residents' ability to secure housing. Bill 121's exemptions, by focusing on specific professional groups such as nurses and doctors, even as outlined in state legislation, inadvertently create a discriminatory framework. This selective approach not only overlooks the broader spectrum of housing needs across various occupational sectors but also