HomeMy WebLinkAbout2024-04-03 PL-CCI-2024-000003 Bill 121 Kristine OFriel Testimony From: Kristin OFriel
To: WPCtestimony
Subject: WPC Written Testimony Regarding Bill 121
Date: Wednesday,April 3,2024 12:29:51 PM
Attachments: Windward Planning Commission Written Testimony.odf
Aloha,
Please find written testimony re: Bill 121 attached.
Kristin OFriel
Chairman Dennis Lin
Windward Planning Commission
County of Hawai'i
25 Aupuni St.
Unit 1502
Hilo, HI 96720
Subject: Concerns and Recommendations Regarding Bill 121
Aloha Chairman Lin and Windward Planning Commission Members,
Thank you for your public service and for considering the viewpoints and concerns shared by
the community regarding Bill 121.
While I appreciate the hard work of the Council members who drafted the bill, and the stated
intent of the bill, I have deep concerns that the proposed legislation fails to consider how it will
impact the economic well-being of Big Island residents in practice.
Recommendation #1: Press pause and conduct an impact study
Tourism is Hawaii's principal industry and legislation that limits the ability of residents to
participate in this economy deserves a nuanced approach that acknowledges and equitably
accounts for the unique circumstances that exist across diverse regions of our island. Even well-
intentioned legislation can have far-reaching unintended consequences. This would also give
affected communities an opportunity to provide meaningful input proactively rather than
reactively.
Recommendation #2: Maintain the present definition of short term /transient as thirty
consecutive days or less
Owners who rent their homes legally for 31 days or more have a vested right to continue this
existing use. Changing the definition to 180 days would require creating an avenue for existing
rentals to apply for nonconforming use certification. Instead of creating additional administration
for an already complex and cumbersome set of provisions I support upholding the present
definition of short-term/transient to be a rental period of thirty consecutive days or less.
Recommendation #3: Remove restrictions about where hosts can live and where guests
can stay
Hosts rely on rental income for their livelihood—they use it to pay their rent, mortgage,
medical bills, an empty nester may have college tuition to cover—any number of financial
hardships could give a host cause to move into a secondary dwelling in order to rent out the
primary home. Regulating which permissible residential dwelling can be occupied by a host
does not further the bill's stated purpose of ensuring legal, safe, non-disruptive rental
operations.
Recommendation #4: Provide equal treatment of property owners who live on site and
lessors or caretakers who use the property as their primary residence
While the intent of distinguishing between owners, lessors and caretakers may be to reduce
speculative investment, this distinction inequitably impacts low-income residents. It's a nuanced
situation that demands evidenced-based decision making to confidently avoid contributing to the
housing insecurity of our most vulnerable families.
Recommendation #5: Include the same building, on the same parcel or on an adjacent
parcel in the definitions of"hosted"
Adjacent parcels are another nuanced situation that requires contextual analysis to avoid
unintended consequences. We don't know what we don't know. I recommend revising Bill 121
to be inclusive of the unique circumstances that exist on our island or conducting an impact
study to ensure the regulatory impacts of the bill are understood before they are implemented.
Mahalo for the opportunity to provide testimony.
Kristin OFriel
8083190151