HomeMy WebLinkAbout2024-04-01 PL-CCI-2024-000003 Bill 121 Darla Hartvigsen Testimony From: Darla Hartviosen
To: WPCtestimonv
Subject: OPPOSITION TO BILL 121 -WRITTEN TESTIMONY
Date: Monday,April 1, 2024 10:53:42 AM
Attachments: Letter to Councilmembers 4.1.2024.ndf
Please see attached. Mahalos for allowing public participation.
Mahalos,
Darfa Jfartvigsen
Branch Broker, Equity Hawaii Real Estate
RB-2268o
CRS, GRI, C2EX, GREEN, AHWD
2024 Program Committee Chair&2023 President
808-319-9913 1 210 Kamehameha Ave.Hilo,HI 96720
•d arl a L e quityhawaii.co m
•bigisl and.eguityrealestateusa.corn
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April 1, 2024
Hawaii County Bill 121 — Relating to TAR and Hosting Platforms
Aloha Councilmembers,
My name is Darla Hartvigsen, REALTOR® Managing Broker of Equity Hawaii Real Estate,
and 2024 Immediate Past President of Hawaii Island REALTORS®.
Collectively, the REALTORS® of Hawaii Island oppose "TAR Ordinance" Bill 121 for the
following concerns:
Erosion of private property rights.
Homeowners should maintain the right to use their home for residential purposes
regardless of length of tenancy or number of occupants. Furthermore, the County should
not dictate to private property owners which parts of their home they may occupy, or rent,
or how many visitors they may allow.
County regulation directly conflicts with State law.
For example, increasing the minimum duration for short-term rentals from 30 to 180 days
poses legal complexities. This change unfairly strips many homeowners of their current
usage rights, impacting the value and utility of their properties. Another example is noise
restrictions, which should not be applied differently for users of TAR's, then other visitors or
residents. One standard should be reasonably enforced equally across all people.
Endangers housing security.
Bill 121's exemptions, by focusing on specific professional groups, such as health care
workers, even as outlined in state legislation, inadvertently create a discriminatory
framework. This selective approach overlooks the broader spectrum of housing needs.
Unreasonable and excessive fines, fees, and processes.
The onerous application process, initial, and renewal fees outlined in this bill creates an
undue financial burden on lower income residents. The $10,000 penalty for violation of the
TAR Ordinance is unreasonably punitive. Article I, section 12 of the Hawaii Constitution,
prohibits the imposition of "excessive fines"; and violation of the TAR Ordinance would be
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HAWAII REAL ESTATE
20 times the maximum amount currently allowed by Chapter 25 of the County Code.
Unconstitutionally excessive penalty amounts would invite challenges for the County based
on constitutional grounds if such an extreme penalty amount is adopted.
Additional regulations in lieu of full enforcement of Ordinance 2018-114.
Until Ordinance 2018-114 is proven effective in preserving the character of our residential
and agricultural areas, reducing speculative investment in properties within these markets,
and adding to housing availability for residents, further regulatory changes should NOT be
considered. In conclusion, the freedom to buy, sell, and utilize property, as protected in the
5th Amendment, underlies all real estate transactions and markets. Any restrictions placed
on a property owner from realizing the highest and best use of that property hinders
economic growth and development and reduces freedoms inherent in our society. We
understand that the solution to providing attainable and affordable housing is not easily
achieved. However, creating more restrictions and regulations will not help the issue.
REALTORS® are committed to working with the County and all interested parties to help
create sensible solutions to the issues inherent in the housing sector.
Councilmembers, thank you for your time in hearing my testimony today.
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HAWAII REAL ESTATE