HomeMy WebLinkAboutCOM 0236.020 2024-2026 P/PcPLu D
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ASHLEY L. KIERKIEWICZ, CHAIR and
MICHELLE M. GALIMBA,VICE CHAIR,
HAWAII COUNTY COUNCIL, POLICY COMMITTEE ON --;.-
PLANNING,LAND USE AND ECONOMIC DEVELOPMENT
MEETING DATE: Tuesday,May 6,2025 Hawaii% Island
TIME: 2:30 pm Rental Property
PLACE: Kailua Kona Alliance ,
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RE: OPPOSITION TO BILL 47,Draft 1 3,
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Dear Chair Kierkiewicz,Vice Chair Galimba, and Council Committee Members: 04
The Hawaii Island Rental Property Alliance(HIRPA)represents the county's short-and mid, ; .
term rental property industry interests. While we appreciate the effort made by the drafters to
engage with the community,we have concerns about Bill 47,which is being presented as a
"registration only" bill. The timing of this bill, introduced only a couple of months before the
anticipated results of the economic impact study,raises questions. Given how significantly the
previous bill (121)would have impacted existing operators, it seems unreasonable to require
these operators to publicly register for the convenience of enforcing yet-to-be-determined rules,
especially without any data to justify the need for such regulations. This approach is troubling.
The most significant issues with Bill 47 are as follows:
1. Cancellation.
The use of any structure or activity on the property that violates applicable laws can be
grounds for cancellation. This may also lead to fines and fees for permit violations, land
use issues, or any other problems that the council is aware of within the county.
Recommended Amendment to Section 6-48:
(c)Notwithstanding subsection(b),any self-identification of non-compliance with
existing building or land use codes made at registration shall forever preempt county
enforcement action on that specific variance(s).
2. Administrative Enforcement.
It is unconscionable to propose that the county could choose to file a lawsuit for unpaid
administrative fees or fines to establish a priority lien on a person's home and
subsequently initiate foreclosure.
Recommended Amendment to Section 6-41:
Strike subsections(e)and(f).
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Further,there are issues of inconsistency between conflicting regulations in Chapter 25 and this
revision to Chapter 6, and a lack of articulated enforcement procedures that would lead anyone to
believe this will be more easily enforced than Bill 108,nor how results would be measured.
We are facing significant challenges:historic inflation,a decline in tourism impacting our local
economy, and a national political climate that has already reduced our federal funding and is
likely to increase gas and supply costs shortly. HIRPA urges the council to take a fiscally "
responsible and equitable approach by postponing further work on this bill until the
economic impact study can be reviewed. Since the survey results are expected by mid-year,
delaying this decision seems reasonable and appropriate, especially when using public funds and
making reasonable faith efforts.
Only after analyzing the survey results can we determine whether this is the right time to burden
our residents further as they struggle to make ends meet. Weighing the known effects against the
desired outcomes is essential to ensure that we pass legislation that minimizes unintended
consequences.
Respectfully submitted,
Jennifer Wilkinson,Board Chair
Hawaii Island Rental Property Alliance