Monthly Archives: July 2019

Honolulu Mayor Kirk Caldwell’s Facebook Page

Honolulu Mayor Kirk Caldwell obviously has a public Face Book page. Like a typical politician, a reader can see spin and disinformation. As case in point is the above post on Kuly 10, 2019 by the Mayor’s Communications Team.

But Honolulu residents has their own opinions. See some of the comments.

The Mayor cannot legally censor or delete the public’s comments: https://www.aclu.org/blog/free-speech/internet-speech/court-rules-public-officials-cant-block-critics-facebook

What do you think?

NEW VACATION RENTAL LAWS For Honolulu, Oahu

  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 provided by the Department of Planning and Permitting:

 June 21, 2019

City Department of Planning and Permitting

New Regulations on Short-Term Rentals

Bill 89 CD2 was adopted by City Council on Monday, June 17. It is awaiting action by Mayor Kirk Caldwell. Its main points:

 _Allows a limited number of new Bed and Breakfast Homes (B&B) in non-resort areas under a new registration process, with annual renewal required.

 _Continues to prohibit Transient Vacation Units, or “unhosted” rentals, in non-resort areas, unless the dwelling has a Nonconforming Use Certificate (NUC).

 _Regulates hosting platforms, such as Expedia or Airbnb, requiring monthly reports to be filed with the Department of Planning and Permitting, which will share the information with City Council.

 _Makes illegal any form of advertising short-term rentals which are not in compliance with zoning regulations as provided in Bill 89. Bill 89 CD2: http://bit.ly/2Kt9Qu9

The following Questions and Answers are based on the assumption that Bill 89 CD2 will shortly be enacted into law.

ADVERTISING

I own an unhosted, “whole house,” or Transient Vacation Unit. I pay taxes. Can I continue to advertise online and in the local newspaper?

Only if the dwelling has a NUC or is located in a resort district.

When will the department start enforcing the new advertising restrictions?

Beginning August 1, 2019.

What are the fines for illegal advertising?

Owners of the property involved in illegal advertising will be notified, and if the advertisement is taken down in 7 days, no fine will be imposed for a first offense. If not taken down within this deadline, fines of between $1,000 and $10,000 can be imposed for each day the advertisement remains on display.

If the management company for my property places an illegal ad, will the company get cited?

They may be cited, but Bill 89 CD2 says, “The burden of proof is on the owner of the subject real property to establish that the property is not being used as a bed and breakfast home or transient vacation unit or that the advertisement was placed without the property owner’s knowledge or consent.”

REGISTRATION OF NEW BED AND BREAKFAST HOMES

I have been operating a Bed and Breakfast Home for several years. Do I still have to obtain a registration number?

Yes, unless you have a NUC.

I only rent out my house for more than 30 days at a time. Do I need to register?

No.

I only rent my house while my family spends 2 weeks each year visiting family on the mainland. Do I need to register? When can I register?

Registration will begin no sooner than October 1, 2020.

Why do we have to wait more than year to register?

The time is required for the Department to develop more specific procedures for implementing Bill 89 CD2, including the adoption of rules, and creating the software to help with enforcement and the registration process. If necessary, it provides time to acquire more staff and to train them.

What are the registration requirements?

There are more than a dozen requirements. Most notable:

 _Applicants must be “natural persons,” and not an organization or company

 _Applicants must have a home exemption granted under real property tax law

 _There must be insurance coverage for bed and breakfast use

 _The initial registration fee is $1,000. For annual renewals, the fee is $2,000

 _No more than 2 bedrooms can be used for visitor accommodations

 _Quiet hours must be observed between 10 pm and 8 am

 _If part of a homeowners or apartment owners association, approval by that association must be obtained

 _Neighbors within 250 feet must be given a phone number to contact to make complaints 24 hours a day

For the complete list of requirements, refer to Bill 89 CD2: http://bit.ly/2Kt9Qu9 3

Are there other requirements?

Density Limit. No more than 0.5% of the total number of dwelling units in each regional development plan area (DPA) can be used as B&Bs. Here are the limits by area:

New B&Bs are not allowed in the North Shore area, based on directives of the North Shore Sustainable Communities Plan: http://bit.ly/2Y4QpLg

Condominium Limit. Up to 50% of units in a condominium building may be allowed a B&B, subject to AOAO approval.

Nontransferable. Registration numbers are not transferable to another property, nor transferable to another homeowner.

Separation Minimum. B&Bs must be at least 1,000 feet from each other. This does not apply to units in resort areas and NUCs.

Renewal Criteria. Noise and other nuisance complaints can be grounds to deny renewal requests.

For the complete list of requirements, refer to Bill 89 CD2: http://bit.ly/2Kt9Qu9

How long will it take to get registered?

It is not yet determined. An online registration process is anticipated, but certain requirements will have to be verified; e.g. compliance with parking requirements.

If only a limited number of registration numbers will be given out, how can I guarantee to get one?

There is no provision for guarantees.

How will it be determined who gets a registration number?

Generally on first-come, first-served basis. If the number of requests exceeds the limit for a DPA, then a lottery will be held.

How will the lottery system work?

This will be fleshed out in the Rules. There will be a public hearing on the draft Rules before they are finalized.

I am currently operating a B&B, and do not have a NUC, so will need to register. Will I get priority in the registration process?

No.

Can I advertise and operate a short-term rental once I register?

No. To avoid a citation, operation cannot occur until the registration process has been completed and registration number issued.

MORE INFORMATION

Note that DPP has not mentioned about the property tax designation to “Resort”.  It’s unclear whether it would be based only on the two bedrooms of a home.

Refer to the Department’s website:honoluludpp.org

Email the Department:info@honoluludpp.org

Call the Department:

Advertising Restrictions: 768-8127

Registration Process: 768-8127

General Zoning Information: 768-8252

Make a complaint: 768-8127

Public Information Officer: 768-8284

Choon James has been a real estate broker for over 30 years. She can be reached at 808 293 8888 ChoonJamesHawaii@gmail.com 

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


IMPEACH Mayor Kirk Caldwell

Download Petition here! http://www.ImpeachMayorKirkCaldwell2019.com

Not registered to vote? No Problem! REGISTER to vote here!          

    PETITIONS TO IMPEACH MAYOR KIRK CALDWELL

Persons of contact: Choon James 808 293 8888 Kapohuolahaina Moniz Pa Dave Moskowitz 203 8898 EMAIL: ImpeachMayorCaldwell2019@gmail.com

We are severely concerned with the malfeasance, misfeasance, and non-feasance behavior that have been happening at City Hall.

We have watched with horror the escalating mismanagement and runaway costs of the mismanaged and outdated Honolulu Rail Transit project. The Rail project was grossly under-estimated at $2.7 BILLION in 2006. Today, it’s escalating to $10 Billion with unknown costs. Even the Operations & Maintenance costs and ridership revenues are unknown. The Rail project is now under federal investigations. There are relentless reports of mismanagement and fiscal mishaps about the rail but Mayor Caldwell acts oblivious to them.

Consequently, core services are being undermined while our taxes and fees are escalating. GET/property taxes have increased. “Residential A” property taxes for local landlords who provide services to long-term renters have tripled, triggering rent increases. Other fees like vehicle registrations, sewer and water fees have increased. Our mainstream residents are struggling with these escalating costs of living.

The last two years had more Hawaii residents LEAVING, due mostly to “high costs of living”. We’re being priced out of our house and home.

The list of Mayor Caldwell’s arrogance, corruption, and mismanagement includes, but not limited to, the following: The independent Ethics Commission Director Mr. Chuck Totto was ousted. The former Honolulu Police Chief Louis Kealoha is on trial at the federal courts. The Mayor’s chief Corporation Counsel Donna Leong is on paid leave, related to the   Kealoha federal investigations. The city’s Prosecutor is being investigated and on paid leave.

Homelessness, crime, environmental degradation, monster homes, violations of residents’ civil rights, violations of state and US Constitution that force the city to pay for settlement awards, abuse of the Community Development Block Grants and so on. Mayor Caldwell is not responding to severe land-use and planning concerns relating to, but not limited to, the Ala Moana Regional Beach Park, the Sherwood Forest Beach Park in Waimanalo. The cries of residents to have basic clean and well-managed beach parks and other public facilities in ALL parts of Oahu are ignored.

Every day, we see the Mayor’s bad behavior and we feel angry but helpless. We see our beloved island worsening. We see ourselves being forced to pay the price for his bad management and bad decisions.

We cannot afford to give Mayor Caldwell any more time to further destroy our island and price us out of our homes and island.

Today, we’re taking a stand and rising up. We need and want new leadership of honesty and transparency and putting RESIDENTS FIRST!

We want fairness, even application of the law and city’s funds across Oahu.

We want to do away with political “pay to play” games at the taxpayers’ expense.

We want our neighborhoods to be clean and safe.

 We want to protect Oahu’s overarching environment, sustainability, safety, and prosperity for our children and their future.  

We want to live in our beautiful island and not be priced out!

We want to take our government back!!!

Please kokua. Stand up and be counted! Please sign the petition to impeach Mayor Caldwell to send him a message that we’re not happy with the direction Oahu is heading! Mahalo!