HomeMy WebLinkAboutCOM 0675.365 2022-2024P / PCPW-0
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From: Andrea Jones
Sent: Friday, July 5, 2024 1:18 PM
To: Council Testimony
Subject: Concerns and Suggested Amendments to the Proposed Bill Regulating Short Term
Vacation Rentals �3
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Dear Members of the Hawaii County Council,
I am writing to express my concerns regarding the proposed bill regulating Short Term VacatiW Rd t4s
(STVRs) and to suggest several amendments that I believe will improve the fairness and effertNeness of
the legislation.
1. Equal Treatment of Owner -Hosted and Operator -Hosted Rentals. The bill's distinction between owner -
hosted and operator -hosted rentals effectively excludes nonresidents from the owner -hosted category.
This exclusion raises significant concerns, particularly in light of recent court rulings, such as Hignelt-
Starkv. City of New Orleans, where limiting vacation -rentals to owner -occupied dwellings in residential
zones discriminated against interstate commerce. The court ruled that such requirements violate the
Dormant Commerce Clause by unfairly benefiting in -state economic interests over out-of-state ones. A
more equitable and successful approach can be seen in the Short Term Rental Alliance of San Diego v.
City of San Diego case, where the court upheld the rental ordinance because it treated owner -hosted
and operator -hosted rentals equally. To avoid legal challenges and uphold the Constitution of the United
States, I suggest amending the bill to ensure owner -hosted and operator hosted rentals are treated the
same.
2. Permitted Home Renovations on Prior Nonconforming Uses. Another concern is the allowance of
renovations on prior nonconforming uses, such as adding a bedroom, which should be permitted to
adapt to changing family needs and property improvements. Clarifying that such renovations do not
exclude guests from these additions in the future wilt help families and property owners make necessary
updates without fear of losing their ability to host.
3. Clarification on "Building Site" and Owners/Operators. The bill's language on "building site" should be
clarified to determine whether it restricts the property to a particular address or parcel, or if an owner or
operator living at one address/parcel can host rentals on adjacent parcels that are under the same
ownership. This clarification is essential to ensure that property owners understand the full implications
of the regulation on their holdings and can manage their properties effectively and responsibly.
4. In -Person Response Requirement. Our island is vast and a requirement for owners or operators to be
present within 3-hours' notice may be impossible at times. Please allow a longer response period or the
ability to delegate the in -person response to another person as needed.
urge the Council to consider these amendments to ensure that the proposed bill is fair, equitable, and
practical for all property owners. By addressing these concerns, the Council can create a more balanced
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regulatoryframework that courts will uphold while promoting responsible management of Short Term
Vacation Rentals.
Thank you for your attention to these important issues. I appreciate your efforts in crafting legislation that
serves the best interests of our community.
Sincerely,
Andrea Jones