Tag Archives: north shore

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 For Honolulu City Council District 2

Name on ballot: JAMES, Choon
Running for: Honolulu City Council
District (if applicable):District 2
Political party: Nonpartisan
Campaign website: www.VoteChoon.com
Current occupation: Real Estate Broker
Age: 61
Previous job history: College Instructor
Previous elected office, if any: Community Associations

Community organizations/prior offices held

Chair, Defend Oahu Coalition – Keep The Country Country; president, BYU-Hawaii Alumni Association; president, Laie Point Community Association; board member, Laie Community Association; founding member, Kahuku Hospital Board, Save Oahu Farmlands Alliance; member, Honolulu Board of Realtors; producer, Olelo Community Media; member, Hawaii Thousand Friends; member, Sierra Club; member, Ko’olauloa Sustainable Communities Advisory Planning Committee; member, Amnesty International; member, Friends of South Pass City; member, Relief Society Women’s Organization; merit badge counselor, Aloha Council BSA.
What qualifies you to represent the people of Hawaii?

I’m a CITIZEN CANDIDATE, not a career politician or a career bureaucrat, like some candidates. I’ve been a successful small businesswoman for 30 years.

Status Quo has not served us well. I want to positively improve Oahu for my children and your children. I

do not accept donations from special interests so I’m not beholden to do their bidding or owe any favors. I’ve mostly paid for this campaign on my own. I’ve been happily involved in civic and public affairs for decades with no compensation expected.

I have been an environmental, social and economic justice advocate and activist at City Hall with land use issues such as “Keep The Country Country”, preserving farmlands, food sustainability, open space, preserving parks, capital spending issues and others.

For the past 10 years, I’ve personally been involved in budgeting process and workings of Honolulu Hale. I’ve grown older and impatient and wish to make a difference INSIDE City Hall. I don’t have an ego nor am I looking to save my job. I truly believe that a public office is to serve the public good; it’s not a profiteering office.

If elected, what will be your highest legislative priority?
Many residents have several jobs to keep themselves afloat. Our seniors have to postpone retirement. Kupuna are worried about being priced out of house and home and not being able to pass the family inheritance on to the next generation. Our residents worry when the government is going to slam them with more taxes and fees!

We must protect our home front first! I want to champion and work with the other 8 council members to

~ ~ provide a property tax cap for local homeowners who have lived in their homes for 15 years or more. ( California did Prop 13 in 1978!)

~~ provide incentives to property owners who rent long-term to long term residents.

~~ Focus on increasing truly affordable rentals/homes inventory These foundation improvements will help mitigate some of the challenges we face in Oahu today. It will also protect our residents’ ability to remain in our island home and not be priced out.

What are the top three challenges facing the voters you seek to represent?

District 2 is the most diversified and largest land area in the City Council. We span rural communities from Kahalu’u to Wahiawa to an award-winning planned community in Mililani Mauka. We have wonderful residents!

1. Costs of Living & Housing – Hawaii is such a beautiful place with a stable political environment that does not discriminate real estate ownership; our local residents have to compete with international investors for real estate holdings. Increased property values and property taxes outpace many residents’ fixed social security and income. Our residents are feeling priced out on so many different levels.

Many work 2-3 jobs to make ends meet and sustain themselves. Our young people have to resort to exchange babysitting in parking lots on the way to work! Kupuna are worried about sustaining themselves in their golden years and passing on the family home to their children.

Most of us work very hard to make a living.

The government must deliberate carefully before imposing escalating fees and taxes on our people. Residents are not eternal money trees.

2. Quality of Life Ko’olauloa and North Shore is the Oahu’s golden goose for tourism. While residents are welcoming, the quality of life must be considered. Residents are overwhelmed by the increased amount of tourists. Tourism’ multiplier impacts on our infrastructure and public space are real. Traffic is a constant aggravation. The one hundred- year-old Kamehameha Highway, parks, other finite natural resources and other municipal services have to be considered into policy-making and deliberations .

3. Economic Opportunities This cash economy is leaving many of our residents behind. Homelessness is on the rise in our District. We have homeless camping in the streets, mountains, and other public places. This is not good for them and not good for the public. The world is changing. Jobs that are here today will not be here tomorrow.

Fortunately, we have very successful residents who are willing to help and share. As a city councilwoman for my District, I will also focus on this area – to help our residents explore start-ups, resources, education and options to lift ourselves and our families to the countless opportunities out there for economic gain.

If elected, what can you do to improve the lives of your constituents?

Our residents are working very hard to make a living and sustaining themselves. I truly believe government is for betterment of the happiness, welfare and prosperity of our people.

1. Thus, I will be very firm and cognizant in fiscal decision-making. Is the spending good for the residents? Are local residents the primary beneficiaries? Is it absolutely necessary?

2. We also need to maintain clean, safe, and efficient core municipal services for our communities.

3. I will become your good friend. I will visit you in YOUR neighborhood and work with you.

4. We MUST protect our residents FIRST. They are the major stakeholders in Oahu. The Honolulu City Council has tremendous leverage and oversight to mitigate development agendas for Oahu.

5. We must have an over-arching understanding of what we wish Oahu to become. We must base our decision-making consistent with the Oahu General Plan (and Hawaii 2050), which offers objectives and policy guidelines for Population, Economic, Social, Cultural and Recreation, Tourism, Natural Environment, Transportation, Energy, Public Safety, Health & Education, Government Operations and Fiscal management to sustain and maintain our island home.

Is there anything else you would like voters to know about you?

I’m a citizen candidate. I do not accept donations from lobbyists or corporations. I owe nobody favors or fear except to work with you residents to improve some basic challenges facing us.

I have severe concerns about the direction that Honolulu is heading. We cannot continue to fund the runaway Honolulu Rail without firm fiscal scrutiny and accountability. I’m volunteering myself as an able and trained alternative to “business as usual” politics.

You can rely on my decades-old record of activism and advocacy. I have been consistent. I maintain a world-view outlook. But I also recognize that we live on a small island.

Additionally, my profession as a real estate broker allows me to work with people from all walks of life and status. We treat every client with care and respect. Should there be a challenge, we quickly and methodically address them with all parties and professionals concerned and find solutions to the benefit of all.

I have great confidence we can tackle Oahu’s challenges together! It doesn’t matter if we’re young or old, rich or poor, Democrat or Republican, military or civilian, unionized or not – – we all have the same dreams for ourselves and our children. We can be fair and reasonable in decision-making; we can all win! There are solutions to the challenges on our island home.

You the residents have valuable local knowledge and wisdom to share. Many of us also have international experience, professionally combed the world, and gained insights and expertise. Collectively, we can improve our island home! Let’s put YOUR smarts, imagination, expertise, common sense, and aloha together to improve our lives and communities.

Let’s gang up for the public good! I humbly ask for YOUR vote.

Choon James

808 293 8888 text

ChoonJamesHawaii@gmail.com

www.VoteChoon.com

www.CountryTalkStory.com

Choon James -Honolulu City Council District 2

 

                     RESIDENTS FIRST!

Choon James For Honolulu City Council District 2

Aloha! 

I’ve been involved in city affairs as an activist and advocate for decades.  I’ve grown older and impatient! I would like the opportunity to make a difference in  the lives of our residents INSIDE city hall.

I truly believe the government exists to improve the life and happiness of its citizens. I want to put residents FIRST! You are the major  stakeholder.

So many of our residents face economic and social pressures.  Many of our residents have to carry 2 or 3 jobs to survive. Our kama’aina  folks worry about escalating costs of living and being priced out of Hawaii. 

One fundamental issue I want to champion and work with the other eight council members is to provide a property tax cap for local homeowners who have lived in their homes for more than 15 years and to provide incentives to property owners who rent long-term to long term residents. (This is not out of the blue. Case in Point – The city has provided property tax relief where developers only paid $300 per year instead of  about $160,000 .00 per year for property taxes. )

Of course, there are other issues like traffic, tourism impacts, infrastructure, homelessness, jobs creation and business opportunities, oligarchy, gentrification,  Aloha Disconnect, parks and resources, retirement, families in distress, carrying capacity, crime, drug addiction and so forth. Jobs that are here today may be obsolete tomorrow.

There are solutions to the challenges on  our island home.  You the residents have valuable local knowledge and wisdom to share.   Many of you  have have international  experience, professionally combed the world,  gained insights and expertise.  Collectively, we can improve our island home! 

Let’s put your smarts, imagination, expertise, common sense and aloha together to improve our lives and communities.  WE can all win!

Let’s gang up for the public good!   I humbly ask for your vote!

                      Mahalo, Choon

Mililani MaukaWahiawā, Schofield, Whitmore VillageMokulēʻiaWaialua,
HaleʻiwaWaimeaPūpūkeaSunset BeachKahukuʻieHauʻula,PunaluʻuKahana BayKaʻaʻawaKualoaWaiāholeKahaluʻu