HomeMy WebLinkAboutCOM 0675.048 2022-2024 C&Ur3TY �,'iga 'i
Dear Council Members,
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I am writing to express my concerns about the proposed legislation related to transient
accommodations. My apprehensions revolve around several key points which I believe
require serious consideration before moving forward with this bill.
1. Erosion of Private Property Rights: The proposed measures seem to infringe upon
constitutionally protected private property rights. By restricting where residents can
live on their property if operating a transient accommodation, the council appears
to overstep its boundaries. This not only undermines individual freedoms but also
raises questions about the legality of such impositions.
2. Inefficiency and Inconsistency in County Administration: The county's planning
department is already grappling with understaffing and overwork. Adding more
responsibilities without addressing these fundamental issues could lead to
inefficiencies and inconsistent enforcement of regulations,thereby diminishing the
effectiveness of any new laws.
3. Conflict with State Law: The proposed legislation appears to be in conflict with
Hawaii Revised Statutes 46-4A, particularly concerning the phasing out of
preexisting residential uses.This could lead to legal complexities and unfairly strip
homeowners of their rights. Such contradictions between county regulations and
state laws must be reconciled to avoid unnecessary legal disputes.
4. Impact on Housing Security: Bill 121 could disproportionately affect lower socio-
economic groups reliant on income from short-term rentals.There is also a lack of
evidence suggesting that limiting transient accommodations would result in an
increase in long-term or affordable housing options.This aspect of the bill needs
thorough reassessment.
5. Unreasonable Fines and Fees: The proposed legislation imposes financial
burdens through high fees and fines, particularly impacting lower-income residents.
The severity of penalties for minor violations seems disproportionate and might lead
to discriminatory practices, especially considering the exemptions for certain
professional groups.
6. Overly Demanding Reporting Requirements: By expanding the definition of
"hosting platforms"to include property managers,the bill increases liability and
imposes unreasonable reporting burdens.This could especially impact smaller
operations, like 'mom and pop' setups, which are already struggling to comply with
existing regulations.
7. Lack of Enforcement of Existing Regulations: Current ordinances, such as 2018-
114, have not been effectively enforced. This lack of enforcement undermines
respect for the law and creates an unfair advantage for those who do not comply. It
is imperative that the county focus on the effective implementation of existing laws
before introducing new regulations.
Comm. N,. S.
Ref. To: I 1!,
Ref. Date AN 2 U
In conclusion,while I understand the intentions behind the proposed legislation, it is
crucial that these concerns are addressed to ensure the laws are fair, effective, and
respectful of individual rights. I urge the council to reconsider the proposed measures in
light of these issues.
Thank you for your attention to these matters. I look forward to your response and am
hopeful for a solution that respects the rights and needs of all community members.
Sincerely,
CBIV Vacations