{"id":1409,"date":"2019-07-07T13:26:17","date_gmt":"2019-07-07T23:26:17","guid":{"rendered":"https:\/\/countrytalkstory.com\/?p=1409"},"modified":"2019-07-07T13:38:23","modified_gmt":"2019-07-07T23:38:23","slug":"new-vacation-rental-laws-for-honolulu-oahu","status":"publish","type":"post","link":"http:\/\/countrytalkstory.com\/?p=1409","title":{"rendered":"NEW VACATION RENTAL LAWS For Honolulu, Oahu"},"content":{"rendered":"\n
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\u00a0 <\/strong>The\nCity and County of Honolulu City Council adopted Bill 89 and Bill 85 on June\n17, 2019 after many long and contentious hearings.<\/p>\n\n\n\n

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Honolulu\nMayor Kirk Caldwell signed Bill 89 into law on June 25, 2019. On July 3, the\nCity Council chose not to address Bill 85 Veto.<\/p>\n\n\n\n

Here is the\ninformation provided by the Department of Planning and Permitting: <\/strong><\/p>\n\n\n\n

 June 21, 2019 <\/p>\n\n\n\n

City Department of Planning and Permitting <\/p>\n\n\n\n

New\nRegulations on Short-Term Rentals <\/strong><\/p>\n\n\n\n

Bill 89 CD2\nwas adopted by City Council on Monday, June 17. It is awaiting action by Mayor\nKirk Caldwell. Its main points: <\/p>\n\n\n\n

\uf0b7 _Allows a limited number of new Bed and Breakfast Homes\n(B&B) in non-resort areas under a new registration process, with annual\nrenewal required. <\/p>\n\n\n\n

\uf0b7 _Continues to prohibit Transient Vacation Units, or\n\u201cunhosted\u201d rentals, in non-resort areas, unless the dwelling has a\nNonconforming Use Certificate (NUC). <\/p>\n\n\n\n

\uf0b7 _Regulates hosting platforms, such as Expedia or Airbnb,\nrequiring monthly reports to be filed with the Department of Planning and\nPermitting, which will share the information with City Council. <\/p>\n\n\n\n

\uf0b7 _Makes\nillegal any form of advertising short-term rentals which are not in compliance\nwith zoning regulations as provided in Bill 89. Bill 89 CD2:\nhttp:\/\/bit.ly\/2Kt9Qu9<\/a> <\/p>\n\n\n\n

The following\nQuestions and Answers are based on the assumption that Bill 89 CD2 will shortly\nbe enacted into law. <\/p>\n\n\n\n

ADVERTISING\n<\/strong><\/p>\n\n\n\n

I own an\nunhosted, \u201cwhole house,\u201d or Transient Vacation Unit. I pay taxes. Can I\ncontinue to advertise online and in the local newspaper? <\/strong><\/p>\n\n\n\n

Only if the\ndwelling has a NUC or is located in a resort district. <\/p>\n\n\n\n

When will\nthe department start enforcing the new advertising restrictions? <\/strong><\/p>\n\n\n\n

Beginning\nAugust 1, 2019. <\/p>\n\n\n\n

What are\nthe fines for illegal advertising<\/strong>? <\/p>\n\n\n\n

Owners of the\nproperty involved in illegal advertising will be notified, and if the\nadvertisement is taken down in 7 days, no fine will be imposed for a first\noffense. If not taken down within this deadline, fines of between $1,000 and\n$10,000 can be imposed for each day the advertisement remains on display. <\/p>\n\n\n\n

If the management company\nfor my property places an illegal ad, will the company get cited? <\/strong><\/p>\n\n\n\n

They may be cited, but Bill 89\nCD2 says, \u201cThe burden of proof is on the owner of the subject real property to\nestablish that the property is not being used as a bed and breakfast home or\ntransient vacation unit or that the advertisement was placed without the\nproperty owner\u2019s knowledge or consent.\u201d <\/p>\n\n\n\n

REGISTRATION OF NEW BED AND\nBREAKFAST HOMES <\/strong><\/p>\n\n\n\n

I have been operating a Bed\nand Breakfast Home for several years. Do I still have to obtain a registration\nnumber? <\/strong><\/p>\n\n\n\n

Yes, unless you have a NUC. <\/p>\n\n\n\n

I only rent out my house for\nmore than 30 days at a time. Do I need to register? <\/strong><\/p>\n\n\n\n

No. <\/p>\n\n\n\n

I only rent my house while\nmy family spends 2 weeks each year visiting family on the mainland. Do I need\nto register? When can I register? <\/strong><\/p>\n\n\n\n

Registration will begin no\nsooner than October 1, 2020. <\/p>\n\n\n\n

Why do we have to wait more\nthan year to register? <\/strong><\/p>\n\n\n\n

The time is required for the\nDepartment to develop more specific procedures for implementing Bill 89 CD2,\nincluding the adoption of rules, and creating the software to help with\nenforcement and the registration process. If necessary, it provides time to\nacquire more staff and to train them. <\/p>\n\n\n\n

What are the registration\nrequirements? <\/strong><\/p>\n\n\n\n

There are more than a dozen\nrequirements. Most notable: <\/p>\n\n\n\n

\uf0b7\n_Applicants must be \u201cnatural persons,\u201d and not an organization or company <\/p>\n\n\n\n

\uf0b7\n_Applicants must have a home exemption granted under real property tax law <\/p>\n\n\n\n

\uf0b7\n_There must be insurance coverage for bed and breakfast use <\/p>\n\n\n\n

\uf0b7\n_The initial registration fee is $1,000. For annual renewals, the fee is $2,000\n<\/p>\n\n\n\n

\uf0b7\n_No more than 2 bedrooms can be used for visitor accommodations <\/p>\n\n\n\n

\uf0b7\n_Quiet hours must be observed between 10 pm and 8 am <\/p>\n\n\n\n

\uf0b7\n_If part of a homeowners or apartment owners association, approval by that\nassociation must be obtained <\/p>\n\n\n\n

\uf0b7 _Neighbors within 250 feet\nmust be given a phone number to contact to make complaints 24 hours a day <\/p>\n\n\n\n

For the complete list of\nrequirements, refer to Bill 89 CD2: http:\/\/bit.ly\/2Kt9Qu9<\/a> 3<\/p>\n\n\n\n

Are there other\nrequirements? <\/strong><\/p>\n\n\n\n

Density Limit.\nNo more than 0.5% of the total number of dwelling units in each regional\ndevelopment plan area (DPA) can be used as B&Bs. Here are the limits by\narea: <\/p>\n\n\n\n

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New B&Bs are not allowed in\nthe North Shore area, based on directives of the North Shore Sustainable\nCommunities Plan: http:\/\/bit.ly\/2Y4QpLg<\/a> <\/p>\n\n\n\n

Condominium Limit. Up to 50% of\nunits in a condominium building may be allowed a B&B, subject to AOAO\napproval. <\/p>\n\n\n\n

Nontransferable. Registration\nnumbers are not transferable to another property, nor transferable to another\nhomeowner. <\/p>\n\n\n\n

Separation Minimum. B&Bs\nmust be at least 1,000 feet from each other. This does not apply to units in\nresort areas and NUCs. <\/p>\n\n\n\n

Renewal Criteria. Noise and\nother nuisance complaints can be grounds to deny renewal requests. <\/p>\n\n\n\n

For the complete list of requirements, refer to Bill 89 CD2: http:\/\/bit.ly\/2Kt9Qu9 <\/a><\/p>\n\n\n\n

How long will it take to get\nregistered? <\/strong><\/p>\n\n\n\n

It is not yet determined. An\nonline registration process is anticipated, but certain requirements will have\nto be verified; e.g. compliance with parking requirements.<\/p>\n\n\n\n

If only a\nlimited number of registration numbers will be given out, how can I guarantee\nto get one? <\/strong><\/p>\n\n\n\n

There is no\nprovision for guarantees. <\/p>\n\n\n\n

How will it\nbe determined who gets a registration number? <\/strong><\/p>\n\n\n\n

Generally on\nfirst-come, first-served basis. If the number of requests exceeds the limit for\na DPA, then a lottery will be held. <\/p>\n\n\n\n

How will\nthe lottery system work? <\/strong><\/p>\n\n\n\n

This will be\nfleshed out in the Rules. There will be a public hearing on the draft Rules\nbefore they are finalized. <\/p>\n\n\n\n

I am\ncurrently operating a B&B, and do not have a NUC, so will need to register.\nWill I get priority in the registration process? <\/strong><\/p>\n\n\n\n

No. <\/p>\n\n\n\n

Can I\nadvertise and operate a short-term rental once I register? <\/strong><\/p>\n\n\n\n

No. To avoid a\ncitation, operation cannot occur until the registration process has been\ncompleted and registration number issued. <\/p>\n\n\n\n

MORE\nINFORMATION <\/strong><\/p>\n\n\n\n

Note that\nDPP has not mentioned about the property tax designation to \u201cResort\u201d.  It\u2019s\nunclear whether it would be based only on the two bedrooms of a home.<\/strong><\/p>\n\n\n\n

<\/p>\n\n\n\n

\uf0b7Refer to the Department\u2019s website:honoluludpp.org<\/a>
<\/p>\n\n\n\n

\uf0b7Email the Department:info@honoluludpp.org<\/a> <\/p>\n\n\n\n

\uf0b7Call the\nDepartment:<\/p>\n\n\n\n

Advertising\nRestrictions: 768-8127<\/p>\n\n\n\n

Registration\nProcess: 768-8127<\/p>\n\n\n\n

General Zoning\nInformation: 768-8252<\/p>\n\n\n\n

Make a\ncomplaint: 768-8127<\/p>\n\n\n\n

Public Information Officer: 768-8284<\/p>\n\n\n\n

Choon James has been a real estate broker for over 30 years. She can be reached at 808 293 8888 ChoonJamesHawaii@gmail.com<\/a>\u00a0 <\/p>\n\n\n\n

Daniel James has been a Real Estate Associate for 5 years. He can be reached at 808 542- 5165 http:\/\/www.HawaiiRealEstateOhana.com<\/p>\n\n\n\n

<\/p>\n\n\n\n


<\/p>\n","protected":false},"excerpt":{"rendered":"

\u00a0 The City and County of Honolulu City Council adopted Bill 89 and Bill 85 on June 17, 2019 after many long and contentious hearings. Honolulu Mayor Kirk Caldwell signed Bill 89 into law on June 25, 2019. On July 3, the City Council chose not to address Bill 85 Veto. Here is the information […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[295,323,328,103,144,322,329,327,320,324,16,15,321,319,8,61,330,235,189,150,325,317,318],"class_list":["post-1409","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-airbnb","tag-bed-and-breakfast","tag-central-oahu","tag-choon-james","tag-city-and-county-of-honolulu","tag-daniel-james","tag-east-honolulu","tag-ewa","tag-expedia","tag-for-rent","tag-hawaii-investments","tag-hawaii-real-estate","tag-hawaiivacations","tag-homeaway","tag-honolulu","tag-koolauloa","tag-new-vacation-rental-laws","tag-north-shore","tag-north-shore-oahu","tag-oahu-general-plan","tag-tvu","tag-vacation-rentals","tag-vrbo"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/posts\/1409","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1409"}],"version-history":[{"count":2,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/posts\/1409\/revisions"}],"predecessor-version":[{"id":1416,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/posts\/1409\/revisions\/1416"}],"wp:attachment":[{"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1409"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1409"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1409"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}