HomeMy WebLinkAbout2024-04-15 Bill 121 Kristin OFriel From: Kristin OFriel
To: LPCtestimony
Subject: LPC Written Testimony Regarding Bill 121
Date: Monday,April 15,2024 4:40:16 PM
Attachments: Leeward Planning Commission Testimony.odf
Aloha,
Please find written testimony re: Bill 121 attached.
Kristin OFriel
Chairperson Barbara Defranco
Leeward Planning Commission
County of Hawai'i
25 Aupuni St.
Unit 1502
Hilo, HI 96720
Subject: Concerns and Recommendations Regarding Bill 121
Aloha Chairperson Defranco and Leeward 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. To my knowledge, no public input
was invited during the drafting of this legislation.
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 nor does it seem enforceable.
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 island residents who can't
afford to be homeowners—the same population this bill is designed to protect.
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.
A lot of work went into drafting Bill 121 and I'm concerned the emotional investment in
defending the bill will overshadow the opportunity we have to leverage localized data
and public input to craft a pragmatic solution that serves the best interests of the people
of Hawaii County.
Mahalo for the opportunity to provide testimony.
Kristin OFriel
8083190151