Tag Archives: City and County of Honolulu

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


Choon James: Answer to Civil Beat Questions – Homelessness

  1. A recent survey found that homelessness remains a problem on Oahu. What should be done? Do you support an islandwide sit-lie ban? Why or why not? 

There will always be the poor amongst us in this modern cash economy. There is no one silver bullet to this homeless issue. Some require mental health/ addiction help, but most need rental units. Coordination with state and federal is imperative.

 Singapore efficiently provides affordable public rentals tied to the tenants’ income. We need to concentrate on creating more truly affordable rental units.

 I do not support an island-wide ban.

 Since the first sit-lie bill in 2014 for the Waikiki Special District, I’ve consistently testified at Council hearings that ‘sit-lie” bills must be accompanied with options for those affected.  Pushing the homeless around does not solve the problem.

 Undoubtedly, we must maintain clean, vibrant and safe public spaces for the public and businesses.    

 However, burning personal items into ashes is cruel. Confiscating personal papers and medication is inhumane and creates more complications for the down trodden.

 Over a million dollars were squandered through court settlements and legal fees because the city violated due process in its sit-lie implementations.

 HUD CDBG funds have been diverted from non-profits and homeless shelters for pork and pay-to-play projects.

Tents line both sides of Olomehani Street in Kakaako near the Ohe Street intersection. 30dec2014 photograph Cory Lum/Civil Beat

 

 

Honolulu Mayor Kirk Caldwell on a Rampage

Woman Criticizes Honolulu’s Government, Has Her Protest Signs Bulldozed

Nick SibillaNick Sibilla, Contributor   

How people respond to criticism can reveal a lot about their character.  Some might try to debate or reason with those they disagree with.  Others prefer to ignore critics.  City officials in Honolulu take a different approach: They use a bulldozer.

Choon James is a successful real estate broker with over two decades of experience in Hawaii.  But the city of Honolulu is seeking to seize property she’s owned for almost a decade to build what she calls a “super-sized” fire station in rural Hauula.

Since January 2010, she has put up signs to protest Honolulu’s use of eminent domain.  These signs declare “Eminent Domain Abuse: Who’s Next?” and “YouTube Eminent Domain Abuse—Hawaii.”  For more than three years these signs have been up without any incident.

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But now the city is showing a callous disregard for Choon’s freedom of speech.  Back in May, Honolulu seized two of her eminent domain protest signs.  Without her consent, city employees went onto the property and seized and impounded her signs before damaging them. Even worse, the city slapped her with a notice for trespassing, for property she is trying to defend in court.

After these signs were torn down, Choon placed three more signs there.  These lasted just a few months before the city once again seized the signs.  This time, Honolulu was much more dramatic.  On October 18, city workers, backed by police officers, squad cars and a bulldozer, came by and literally bulldozed those protest signs.

The city’s actions show a shameful lack of respect for the First and Fourth Amendments.  Citizens have a right to protest government actions.  The First Amendment was enacted precisely to protect citizens who criticize the government from retaliation.  Lawsuits challenging Honolulu’s unreasonable seizures and chilling attacks on free speech are now pending in federal court.

Unfortunately, Honolulu is not alone in trying to silence critics who question eminent domain.  The Institute for Justice has represented citizens in St. Louis, Mo., Norfolk, Va., Tennessee, and Texas who protested abusive property seizures and faced censorship.  Out of these four cases, IJ successfully defended free speech in three cases, while the fourth is currently in litigation.

After 24 of his buildings were taken by St. Louis, Jim Roos painted a giant mural on a building he owned advocating “End Eminent Domain Abuse.”  But St. Louis labeled the mural an “illegal sign” and wanted to force Jim to remove the sign (and stifle his right to protest) or face code violations.  He teamed up with the Institute for Justice and sued the city.  In a major win for the First Amendment, in July 2011, the Eighth U.S. Circuit Court of Appeals ruled in favor of Jim and allowed the mural to stay up.

In a similar vein, IJ has defended grassroots activists from a frivolous defamation lawsuit and protected an investigative journalist’s right to free speech from a vindictive private developer.

More recently, the Institute for Justice is suing the city of Norfolk for trying to squash a small business owner’s eminent domain protest sign.  The Central Radio Company, a repair shop, has been in Norfolk for almost eight decades.  But Norfolk had plans to seize the property with eminent domain for a private redevelopment project.

To protest, owner Bob Wilson displayed a huge banner on-site.  The city responded by telling Bob he had to take down the sign or face fines of up to $1,000 per day.  Fortunately, the Virginia Supreme Court unanimously struck down the city’s attempt to seize Bob’s land; his free speech case is still infederal court.

As the cases make clear, courts routinely respect Americans’ First Amendment rights.  Honolulu should do the same.

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Postscript: Mayor Kirk Caldwell also shut down the owner’s business with Reynolds Recycling on October 21, 2013. Public push back forced the Mayor to cut a deal with Reynolds to return to the adjacent city Lot 64 on December 20, 2013. The Caldwell Administration did not disclose that it is on a month-to-month lease. Should the Mayor gets permission from the courts to condemn, the last two commercial zone lots will be decimated and recycling business  gone.
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The only valid reason for Mayor Kirk Caldwell to shove this extra expensive fire station onto this small rural community is he owes a plum building contract to a donor!  The Mayor  wants to build a huge Kapolei City station in the small rural town of Hauula.
The Mayor can be contacted at mayor@honolulu.gov    808 768-4141
City Council Chair Ernie Martin  at emartin@honolulu.gov   808 768-5002
Choon James at ChoonJamesHawaii@gmail.com   808 293 9111