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Home My WebLink About2026-06-01 Denise S. Nakanishi Testimony -- From: Denise Nakanishi To: Planning WPC Testimony Subject: Bill 147 testimony Date: Monday, June 1, 2026 4:35:25 AM Attachments: Bill 147 signed.pdf Denise S Nakanishi, RB-17031, ABR,CRS,GRI, SRS, ePro 808-936-5100 denise@teamnakanishi.com Team Nakanishi 75-5995 Kuakini Highway, #125 Kailua-Kona, HI 96740 808-650-5145 Best of East Hawaii 2019, 2020, 2021, 2022, 2024,2025! Top 3% of Prudential Agents nationwide! 2012 recipient of the prestigious Prudential Legend Award!Co-recipient 2009 REALTOR® of the Year, Hawaii Island Board of REALTORS®! Hawaii’s Top 100! Read Major Mom's thoughts about the local real estate market weekly in the Hawaii Tribune Herald. Blog forward each week at www.majormom.com 1 Jun 2026 Windward Planning Commission Attn: Louis Daniele III, Chair Re: Proposed Bill 147 Aloha Mr Daniele and Members: I am submitting this testimony as a member of the public, but it is also shaped by 36 years of experience helping local families become homeowners. That experience comes not only from selling homes, but from listening to people as they learn to live, work, and build their lives within them. Over the years, I have watched our real property rights gradually become diminished. Each new law or regulation, whether intentionally or unintentionally, affects those rights. Along with freedom of speech, private property rights are among the most fundamental rights afforded in our country. I spent over 13 years on active duty in the US Army defending those rights which in addition to being a REALTOR® makes me uber sensitive to potential impacts on those rights. I have read this proposed bill several times, not because I lack understanding, but because I am trying to fully grasp its intent. I understand the County’s effort to move from the term STVR (Short-Term Vacation Rental), adopted under Bill 108, toward the more commonly used term TVR (Transient Vacation Rental). Beyond that, however, I find the bill unnecessarily complicated and burdensome. Like Bill 108 before it, this proposal contains provisions that seem excessive and far-reaching. The impact extends not only to hosted vacation rental operators, but also to the sweet little widow renting out a room simply to make ends meet. Many of the people affected likely do not understand the bill and may not even know it exists. They don’t “do computers” and wouldn’t have a clue about a “hosting platform”. The B&B provisions are particularly concerning because they appear to create two separate classes of use permits; those issued before Act 147 and those issued after. Pre-147 permits appear to “run with the land,” while post-147 permits may not. In the real world of real estate transactions, agents already help navigate building permits, wastewater systems, water rights, cesspool regulations, and countless other compliance issues. This bill adds yet another layer of complexity and potential liability, all in an effort to bring every class of short-term rental under the TVR umbrella. Another provision prohibits the use of a second farm dwelling as a TVR. But what happens when farming activity ceases? Shouldn’t a property owner retain the right to determine an alternate lawful use for that dwelling? The bill also appears to prohibit weddings and similar gatherings at TVR properties when hosted by renters. My sweet husband catered many weddings held at historic B&B properties. Brides walked down grand staircases, receptions overlooked beautiful grounds, and families stayed together onsite to celebrate special moments. Perhaps permitting and regulating events would be more appropriate than imposing an outright ban. After all, if an owner can host such an event, why should a guest be prohibited from doing so? Existing County laws already address noise, parking, and overuse concerns. East Hawaiʻi simply does not have enough hotel rooms to adequately accommodate visitors. In fact, the shortage of accommodations has often been cited as the main reason we lack direct mainland flights into Hilo. Transient vacation rentals help fill that gap. We should not discourage available accommodations by imposing unnecessary layers of regulation. I respectfully urge the Commission to carefully consider any additional restrictions on private property rights, whether through Bill 147 or any future legislation. History shows that once property rights are restricted, they are rarely restored. Buyers make investment decisions based on the zoning and regulations in place at the time of purchase. Any change affecting how citizens may use property purchased with their hard-earned money deserves cautious and thoughtful scrutiny. Sincerely, Denise S Nakanishi, REALTOR® Major, US Army (ret)