HomeMy WebLinkAbout2024-04-15 Bill 121 Taylor Rodamer April 15, 2024
W ST HAWAII
ASSOCIATION OF REALTIBS' Opposition Testimony Against Bill 121:
75-5660 Kopiko 5t. Ai Protecting Property Rights and Local Livelihoods
Kailua-Kona, HI 96740
Members of the Leeward Planning Commission:
The West Hawaii Association of REALTORSO is opposed to Bill 121. The proposed Bill,referred to the
Windward Planning Commission by the County Council, aims to impose stringent regulations on short-
term vacation rentals (STVRs)in Hawaii County. However,this legislation is deeply flawed and threatens
the livelihoods of numerous communities across the Island. Our testimony is on behalf of over 950
members and industry partners and highlights the detrimental impacts on property owners,local
businesses, and residents alike.
Violation of Property Rights:
At its core,Bill 121 represents a blatant erosion of constitutionally protected private property rights.
Homeowners should retain autonomy over the use of their properties,regardless of tenancy duration or
occupancy levels.Mandating disclosure of living arrangements and imposing public-facing signage
requirements not only infringes upon property rights but also compromises security and privacy.
Conflict with State Law:
Bill 121 directly conflicts with Hawaii Revised Statutes,disregarding permissible uses of residential
properties and arbitrarily extending minimum rental durations. This legal ambiguity poses significant
risks,potentially triggering unnecessary litigation and devaluing properties, as highlighted by recent legal
precedents (HIL,STRA v City and County of Honolulu).
Endangering Housing Security:
The proposed legislation exacerbates housing insecurity,particularly for lower-income individuals and
residents reliant on short-term rental income to make ends meet. There is no concrete evidence to suggest
that STVR properties would transition to long-term rentals, and the Bill fails to address the underlying
challenges of housing availability and affordability. STVR's offer housing security for occupants and
cater to a diverse range of travelers,including locals in need of transitional housing or medical care.
Additionally,the Bill's exemptions for specific professional groups create a discriminatory framework,
overlooking diverse housing needs and exacerbating the housing shortage.
Unreasonable Fines and Fees & Further Unintended Economic Impact:
Bill 121 imposes exorbitant fines,fees, and administrative processes,burdening local homeowners and
small-scale operators. The disproportionate financial penalties and complex reporting requirements are
unjustifiable and hinder economic opportunities for residents. The economic impact of short-term rentals
cannot be understated and extends island wide. These rentals contribute significantly to local economies
by injecting money into communities and providing job opportunities for residents.
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REALTOR®
Failure to Address Existing Issues:
Bill 121 fails to address the shortcomings of existing regulations, such as Ordinance 2018-114 (Bill 108),
which has proven to be ineffective in curbing illegal vacation rentals. The County must prioritize
proactive enforcement measures and comprehensive solutions to preserve community character and
housing availability. The promise to address hosted rentals through regulation has extended far past a
simple registration process. Bill 121's intended purpose remains unproven, with no evidence
demonstrating its ability in addressing long-term rental availability.
In conclusion,we strongly oppose Bill 121 in its current form. Instead of burdening residents with
punitive regulations,the County should focus on other collaborative efforts to address housing
challenges. By protecting property rights, adhering to state laws, and promoting sustainable solutions,we
can foster a thriving community for all residents. The potential harm inflicted by Bill 121 speaks for
itself, as over 200 residents have testified to the detrimental effects it would have if passed as written.
Respectfully and with aloha,
Z�& 65"WU 7w# ZO-4vk
2024 Board President 2024 Board President-Elect
West Hawai'i Association of REALTORS® West Hawai'i Association of REALTORS®
Pao /V/,, , 7*9 Ro&ota
2024 Government Affairs Committee Chair Association Executive
West Hawai'i Association of REALTORS® West Hawai'i Association of REALTORS®
REALTOR