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2024-04-16 Bill 121 Rachel Nack
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#7 County Council Initiated - Bill No. 121 (PL-CCI-2024-000003)
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2024-04-16 Bill 121 Rachel Nack
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Bill 121 Rachel Nack testimony
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fails to address the overarching housing shortage issue on the island. <br /> I am opposed to punishing local homeowners with unreasonable fines, fees and <br /> processes. The onerous application process, initial, and renewal fees outlined in <br /> this bill, create an undue financial burden on lower income residents. Fines up to <br /> $10,000 in addition to Director imposed fines at twice the highest advertised <br /> daily rate are exorbitant and disproportional to the violations proposed in the <br /> bill. These issues are in direct conflict with existing fines stated in the Hawaii <br /> County Chapter 25 which start at $500 on first offense. Additionally, if a host <br /> receives three complaints within a 12-month period, the TARMUC may be <br /> suspended for up to two years. This concentration of power, combined with the <br /> nontransparent complaint and appeal process for operators is unreasonable. The <br /> proposed bill's reporting requirements are overly demanding, requiring monthly <br /> detailed submissions not just from large hosting platforms but also from <br /> individual owners and small-scale operators, including 'mom and pop' setups <br /> managing direct bookings. This overreaching demand for comprehensive rental <br /> information is impractical and places an unreasonable workload on these <br /> services. <br /> I am opposed to additional regulations in lieu of full enforcement of Ordinance <br /> 2018-114. Ordinance 2018-114 (Bill 108) and the resulting Planning Department <br /> Rule 23 have had little to no impact on deterring illegal vacation rentals or <br /> curbing non-compliant behavior. The lack of proactive enforcement measures by <br /> the county failed to adequately address the underlying issues that Ordinance <br /> 2018-114 sought to solve. The County has an obligation to actively pursue and <br /> terminate illegal transient rental operations as well as equally enforce existing <br /> regulations to protect all residents. This responsibility extends beyond a <br /> complaint-driven enforcement model which only contributes to the erosion of <br /> community character. Until Ordinance 2018-114 is proven effective in preserving <br /> the character of our residential and agricultural areas, reducing speculative <br /> investment in properties within these markets, and adding to housing availability <br /> for residents, further regulatory changes should NOT be considered. <br /> For the reasons above, I strongly oppose this legislation and believe a completely <br /> different approach is necessary. As a member of HIBR, I wish to see a sensible <br /> solutions to the issues inherent in the housing sector. We acknowledge that the <br /> solution to providing attainable, affordable, and workforce housing is not easily <br /> achieved. To effectively increase available housing, the County must remove <br /> barriers such as prohibitive zoning, address aging and nonexistent <br /> infrastructure, and revise the cumbersome and unreasonable building and energy <br /> codes. Punishing those who have chosen to create business here, pay taxes, <br /> create jobs, contribute to their communities, and call Hawai'i their home is not a <br /> solution to the County's need for housing. Hawaii Island REALTORS@ and the <br /> West Hawaii Association of REALTORS@ adamantly OPPOSE BILL 121. <br />
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