HomeMy WebLinkAboutCOM 0739.188 2016-2018From:
J. Robert Taylor
To:
Council Testimony
Subject:
BILL 108 - comments
Date:
Thursday, June 14, 2018 5:28:32 PM
Dear Council:
1 . OF ti15
I am in favor of the immediate passage of an ordinance regulating the short term rental of non -owner
occupied homes.
Here are some specific drafting suggestions to amend the, law as written:
24-4 (1.) (b) this section specifics indicates that the property must have been used as a short-term rental
prior to July 20,2018. 1 suggest that given the possibility that someone may have used the home more
than one year prior for a STIR, that the law should be more specific relative to proof that an STIR occurred
between July 21, 2017 and July 20, 2018.
There is no reason to permit someone who abandoned the use for a year to now register it as a non-
conforming use.
25-4 (1.) e. Good neighbor policy. The owner AND the reachable person....
Ultimately, the law must hold the 'owner" responsible for compliance with the statute, it should be
unambiguous that the "reachable" persons failure to comply would. not excuse the owner from
responsibility.
I suggest that the council give those in the districts directly impacted by the current eruption 360 days to
register their home for a use permit based on prior use. No such leeway should be afforded other
districts as the need for long term rentals is not more important than ever and the council must ensure
that housing stock held by investors not be converted to STR's.
bbb
Use permits are generally provided to a person and not a property. I suggest that on a change of,
ownership of property that the use permit be terminated as a matter of law.
STIR use by investors in residential areas is an inappropriate use that was not contemplated by the
current zoning ordinance, had it been contemplated it would have been prohibited. Thus, there is no
reason to perpetuate the use of a business operating in a residential zone once ownership changes.
The zoning law should focus on the protection of residents and not the income of non-resident investors.
There are more than enough available rentals in resort areas to handle the current tourist population and
more such resort housing is being approved to be built on a consistent basis. If you take away the
neighborhood from residents then we will have no on -island workforce to service the tourists as they will
not be able to afford to live here.
I also suggest that it would be reasonable for the law to limit the number of months that a home can be
used as and STIR to 90 days per year. This will in the long run encourage the use of more residences
by investors for long term housing. This approach has been used in a number of other jurisdictions.
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The law should also require STIR facilitators (airbnb etc) be responsible for paying GET and for ensuring
that each home advertising has a proper use permit. This is done is San Francisco (the home of
AirBNB).
Thank your for your consideration.
Bob Taylor
75-6138 Allii Drive #19
Kailua-Kona, HI
jrtpaca@gmail.com