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HomeMy WebLinkAbout2024-04-05 PL-CCI-2024-000003 Bill 121 Concerned Citizen From: iephph888@gmail.com To: LPCtestimony Subject: Written Testimony for April 18 to the Leeward Planning Commission Date: Friday,April 5, 2024 3:36:28 PM Attachments: Testimony Bill 121 Planning Commission FINAL.pdf Aloha -please see attached of written testimony to be submitted and read for the April 4th Windward Planning Commission. Mahalo jgph12h8 8 8 CLi.gmail.c om sent from desktop computer To Whom It May Concern: I would like to offer my testimony to oppose Bill 121. I am forced to do so anomalously due to the situations many of us have witnessed of how when a TAR host attempts to voice their concerns they become a "target" by the Hawaii County Planning Department that directly threatens the livelihoods of those directly (hosts) and indirectly (housekeepers, landscapers etc) involved. Sadly, I know many TAR hosts or locals (housekeepers, landscapers, and maintenance workers) will not present their testimonies due to this very real fear so many of us have experiences that the council that represents us does not listen (as have been very present with Councilperson Kimball during the development of this bill- "don't bother trying, it will just fall on deaf ears"is a common comment amongst so many of us) and/or the ramifications and fears that will happen if we do speak up regarding our concerns. I do hope that the present Council will listen to the people they represent and review the majority of opposition this Bill has generated since its conception. Myself and most TAR owners understand the real situation and that new strategies need to be established for a better future for Hawaii and its residents. The core of our opposition is solely due to the 'fall on deaf ears"we have experienced with this bill and the short-sightedness of so many items in this Bill. All we ask is to work with us. Not against us. 1. This is testimony for Bill 121/TAR 2. My TAR is in the South Kona District. 3. The income from my TAR has allowed me to maintain my property and pay taxes and establish enough supplemental income that I have been able to put money back into the local community including providing income to multiple service providers (housekeepers, landscapers, maintenance workers etc), so they and their families may continue to live and grow up here in Hawaii. After speaking with my workers about how Councilperson Kimball wants to significantly reduce or eliminate TARs to make more housing available for them... which also means eliminating TARS eliminates their jobs as housekeepers, landscapers, and maintenance workers.... they are very scared! Councilperson Kimball's approach that is presented in Bill 121, in an attempt to solve a problem, will instead, create many more problems in its wake. Sadly, many locals are unaware this will happen to them and/or they are scared to speak up to the Council about how this Bill directly hurts them much, much more than helps them. 4. This approach will generate more unemployment... - Creating any situation that reduces TARS or require TARS to convert to LTR will immediately eliminate 1000's of local jobs (housekeepers, landscapers, and maintenance, property caretakers etc)that locals and their families depend on to survive here. Without these jobs these people will lack the ability to afford to live here and ultimately be forced to leave the island, as so many have already. 5. This approach is attempting to force LTR prices to be reduced... - which, if Councilperson Kimball did her due diligence and presented ANY authentic third- party statistical research, the research will show that prices will not reduce or be reduced enough to make any significant or insignificant difference to the current situation. 6. This approach is attempting to increase the number of long-term rentals... l know 1 am not alone when l say if Councilperson Kimball did her due diligence she would discover that a majority of us will NOT convert from TAR to LTR. We would rather keep our units vacant and establish other sources of income than shift to LTRs. The list of risks including financial is just too great with LTRs here in Hawaii due to current Tenant/Landlord laws. Originally, I had LTR. I did not want to deal with the complexities of TAR. However, after the continual negative experiences of having LTR dominating and the ongoing real threat of non-paying tenants taking advantage of the ease of leveraging Squatter Rights here in Hawaii, and tenants not respecting other basic county laws i.e sound ordinances, health, safety, occupancy numbers, and the difficulty we as Landlords face trying to enforce these due to current tenant rights... I converted over to TAR. Having LTRs I not only lost income, but I also still had to pay the utilities consumed by the non-paying tenants while waiting to move through the long legal and costly eviction processes. In the end I was unable to recoup any of the lost income and utility costs consumed by this financial resource. A LTR is a significant financial burden that most will not return to until the tenant/landlord laws are drastically changed. 7. 1 understand portions of Bill 121 are also designed to address standards of operations including meeting health, safety, and construction code requirements and quiet hours. However,the majority of the solutions presented in Bill 121 are misdirected or misplaced. o requiring more restrictive quiet hours for TARS? if Councilperson Kimball did her due diligence she would discover when comparing complaints and reports it would be significantly higher against LTR and private homeowners than the insignificant number produced byTARs. o requiring health, safety and construction codes enforced We all know but never talk about the majority of private homes and their LTR on this island are in severe violation of these codes. In reality, many island landlords and private homes lack accountability and would not survive the public scrutiny and reviews that TARS must address. Due to public and posted reviews on sites like AirBnB and VRBO having a direct and immediate impact on our success, TAR owners already have a much higher level of enforced accountability than private homeowners and LTR landlords. I understand and I see the positive of establishing a set of standards, however,this should be equally imposed and enforced on all living environments equally and not so heavily segregated as presented in Bill 121 As a TAR host, and having hosted hundreds of guests, I and most TAR owners have had ZERO, issues with guests disrespecting quiet hours, destruction of property, or any situation that would have led to any health or safety issue whatsoever. If it happens it is the anomaly that is very quickly and easily rectified. This is due to the reality that most vacation guests also have the same level of accountability due to public sites they are on. Again, accountability is something long-term tenants do not have and thus can generate many more issues for landlords without repercussions back to themselves. The income from having a TAR has offered me the opportunity to significantly improve and even exceed the health, safety, and construction codes, and continue ongoing maintenance of my property that shows respect to the land and Hawaii which originally, I was unable to address with the lack of income resources and the list of other issues when operating a LTR. NOTE Additional risks of LTR and why most will not convert their TARS and will choose vacancy instead. i. From first-hand experience,the chances and risks are very high for renting to local long-term tenants who does not choose to have a standard of living that motivates them to care for their environment, follow health and safety codes, maintain construction to code nor respect the current quiet hours. ii. With LTR tenants I had more issues with tenants hosting unapproved parties with other local families and friends not honoring the 10pm quiet hours and disturbing neighbors. When forced to involve the police to manage the tenant. In retaliation, the tenant compromised both health, safety, and construction codes that due to current tenant laws made it almost impossible for me as a landlord to enforce until after the eviction which took many, many months to achieve. iii. Long-term tenants exceed, without approval, the agreed or legal number of occupants by bringing friends and/or family to live with them and compromising both health and safety codes. The bottom line due to current tenant rights the chances of having tenants that will violate basic renter standards are too high and the ability to enforce any health and safety codes and avoid property damage or neglect is very, very difficult. For most of us who have additional units, the risks of maintaining LTR are too high and converting is not a viable option. If forced out of TAR business these units will remain vacant, and will only produce a greater loss for everyone. 8. There are multiple unreasonable requests of Bill 121. To mention just a few: a. Defining where the owner/host must live. What if the owner/host is a widowed elderly woman or man who does not want to move? The ability to continue to live in the three-bedroom house they have had in their family for generations is now too overwhelming for them to keep by themselves and/or simply too emotionally painful to live in but living in the smaller ohana on the property and TARing their house allows them the only opportunity to have some income to live out their remaining years, and keep their property, and with dignity provide a place for their family to stay when they come to visit them. b. Owner/Host must be reachable within one hour of a request. What if an owner/host is traveling or takes a day off and out enjoying part of the island that has limited or no cell service? What if a host is having personal time with family or friends or any reasonable scenario that requires us to shut off our phones or prohibits us from responding within one hour? • What is the reasonable logic to only target TARS? What about landlords who live off- island and take weeks to respond to a safely issue or maintenance issue? c. Quiet hours of 8pm - 7 am. It is acceptable for a LTR or homeowners to make as much noise as they choose from 8pm - 10pm even if it is disturbing to neighbors? • What is the reasonable logic to only target TARS? d. Off-street parking shall meet the requirements set forth in section 25-4-51 It is acceptable for LTRs or homeowners with multiple vehicles to their property operational and not operational not to have equal parking requirements? • What is the reasonable logic to only target TARS? e. Signage indicating street address and registration number. This puts the property and those staying on the property at risk of unwanted attention, local theft, trespassing etc. f. Property tax assessments Keep it simple... multiple unreasonable requests and imposing significant hardships on hosts. AND the loss of 10.25% accommodation tax, and 3% county taxes we currently pay. I understand the intent of this bill. I understand the bigger problem the island is facing, and that new problems require new solutions. However, Bill 121 is currently going to create many more problems than it is going to solve: 1) It is going to increase unemployment significantly as many service providers (housekeepers, landscapers, maintenance workers etc) jobs will be immediately eliminated. 2) It will not provide more LTRs nor lower prices. Most of TAR hosts, due to current Tenant rights, the amount of risks that come with LTRs are too high. If forced out of TAR business most of our units will remain vacant,and this will only produce a greater loss for everyone. The majority of the solutions presented in Bill 121, needs to be revisited and other options considered and presented. As currently presented it will not solve the problem. Instead, it will generate more problems in both the short and long term for both the local people it was intending to help and the long-term sustainability of the economy of Hawaii. Thank you for your time and for considering the considerable amount of negative ramifications this Bill will present both immediately and over the long term to those it is attempting to help. Please do not pass this Bill, at this time, as it is. So many residents and their families will lose immediately and longterm because of it. UPDATE: as of 3/29/24 1 know of nine more local families who have been here for many generation all have to leave Hawaii due to losing theirjobs as housekeepers, landscapers etc due fear reactions from TAR closing their vacation rental prematurely due to the threat of this bill. The frustration of locals is 1) your'solution' is causing them to lose their jobs and 2) the vacation rentals are not being converted to help locals. Due to the squatter rights in Hawaii owner such as myself will avoid renting to locals at all costs and instead 1) keep vacant 2) make available only to owner's family 3) offer only to out of state people wishing to move to Hawaii. Please take the time to listen, really listen to what we have to offer to help you solve this problem for the long term. A win for you. A win for us. A win for all Hawaii residents is possible. Aloha, One of many concerned citizens of Hawaii.