Meeting Time: November 03, 2021 at 9:00am HST
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Agenda Item

PSLU-28 CC 21-280 MORATORIUM ON NEW TRANSIENT ACCOMMODATIONS ON MAUI (PSLU-28)

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    Guest User almost 3 years ago

    Our family has owned a condo on Maui for 40 years and has lived there part time and rented out part time (before the term "transient vacation rental" was in use). Renting our property has allowed us to give back to the community through paying taxes, employing local workers, and purchasing local furnishings. We contribute our volunteer time and money through our Lahaina church ohana. We love Maui and feel we contribute to its community and economy through the fair use of our property. Please do not pass either of these proposals.

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    kreul Heidi almost 3 years ago

    Aloha mai Kakou,
    I am in support on a moratorium on building new hotels or an expansion of permits for stvr and Bnb.
    Born and raised in the state of Hawaii tracing my family back many generations I have seen many Kamaaina and Kanaka Maoli be forced to relocate to the continental USA as they can no longer afford to live here.
    Bnb and stvr take away homes for residents they drive up property prices and taxes. Make it virtually impossible for our keiki to live here.
    There is a great importance to create residential zones and tourist zone. Insuring that there are ample places for our working community to live and raise their children. The beauty of Hawaii is the people. Please protect our community, our aina and most importantly allow our keiki to remain here.
    He wa’a he moku, he moku he wa’a.
    Mahalo nui,
    Heidi

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    mary drayer almost 3 years ago

    we sadly cannot even provide affordable housing for our residents - letʻs take care of those who are already here - especially kanaka maoli _ PLEASE HELP US!

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    Guest User almost 3 years ago

    stop the continued expansion of our already overbuilt tourism industry and return it to its appropriate place as a contributor to quality of life on Maui.

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    Tony Youga almost 3 years ago

    I support this proposal. We should work on improving the quality of visitors, not the quantity, to improve the experience for both visitors and locals. Keep the transient accommodations at their current level.

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    Guest User almost 3 years ago

    I support the moratorium on no new vacation rentals here on the island
    Please keep vacation rentals out of the North Shore , country, and keep them in designated visitor areas only
    Shut down all vacation rentals not in designated visitor areas
    We need smarter politicians working for the people
    Stop the greed, do what is Pono

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    Guest User almost 3 years ago

    Dear County Council Members:

    We are writing this letter in support of the proposed moratorium on transient visitor accommodations on Maui. We support this moratorium as an initial step toward remediating the current unregulated over-tourism we are seeing on Maui.

    The goal for visitors to Maui has been to limit the number of visitors to approximately 1/3 the number of residents in order to preserve our environment, infrastructure, quality of life and all that makes Maui such a beautiful and popular tourist destination.

    The current volume of tourists we were seeing pre-pandemic and now, in 2021, during the pandemic, is a threat to the health, safety and quality of life of the residents of Maui, our environment and wildlife.

    These huge numbers of tourists are consuming and using scarce resources with few restrictions and controls. Maui's sewage treatment injection wells are inadequate to properly treat the sewage produced by our residents, let alone thousands of tourists. This results in inadequately treated sewage discharging into our oceans, killing coral, infecting people and ocean life, alike.

    Due to climate change and global warming, Maui is experiencing a major drought that is predicted to get worse, not better. Tourists not only consume water, but the resorts and hotels and golf courses consume massive amounts of water in a wasteful manner to maintain the illusion of a green and lush Maui in areas that have traditionally been dry and sunny, not lush and green.

    Traffic on our highways is terrible, particularly on the road to Hana, and East Maui is being overwhelmed by tourist traffic. All of Maui is being overwhelmed by traffic. The exhaust from the thousands of cars is ruining the clarity of air, threatening our health and consuming fossil fuels that contribute to the acidification and destruction of our oceans. Toxic sunscreen further pollutes the ocean, killing and bleaching the coral on which we depend to create reefs that help control our sea levels, provide a haven for fish, and support a sustainable fishing industry.

    Tourists crowd our beaches, and tour boats crowd our oceans disturbing the quality of life for both residents and existing wildlife. Noise from tour boat engines affects the already struggling whale, honu and dolphin populations. Despite Federal and state regulations and guidelines, tourists on our beaches and in our coastal waters have been seen disturbing spinner dolphin pods and honu which are trying to bask and sleep during the day causing them illness and harm. 25% of Maui's coral reefs are damaged and destroyed both directly and indirectly by tourism. The ocean water is often oily and poisoned by excessive use of cancer causing sunscreen. Molokini is a great example of how tourism disturbs the overall marine environment. During the pandemic, the fish and oceanic predator population returned to its normal ecological balance. Now it is once again disturbed, as shown in a recent study.

    Rents and the cost of housing are sky high due to short term transient tourist rentals (TVRs). Many residents of Maui can no longer afford to live here. Eliminating TVRs will decrease rents and improve the quality of residential neighborhoods. Please don't authorize the building of what we have too much of already.

    These are but a few of the consequences of the unregulated rampant over-tourism we are once again experiencing. I thank you in advance for your support of this moratorium on transient tourist accommodations. Maui is literally being "loved to death" by excess tourism, and we are in danger of sacrificing our island, it's rich cultural heritage, environmental beauty and diversity on the altar of tourism. Once the island is destroyed, tourism will decrease and we will literally have destroyed that which is currently supporting us. Now is our chance to limit tourism and begin to diversify our economy.

    Sincerely,

    Joy and Rob Kaaz
    Permanent Kihei residents
    Joy Kaaz is a member of the HALE Hawai'i Steering team

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    PSLU Committee almost 3 years ago

    Aloha
    I am MJ Duberstein, a retired economist and a resident of South Kihei.
    I appreciate the opportunity to testify on behalf of limits on tourism.
    These limits are definitely needed.
    For almost a decade, no real attempts have been made to accommodate the Chapter 4 Policy of the Maui Island Plan pertaining to maintaining a numerical balance between resident population and the number of tourists.
    None. Zero. Zilch.
    It’s become the vaunted Third Rail of Maui policy makers!
    And, just as obviously, the reason confronts us as The Elephant In The Room.
    With the demise of the Last Sugar Mill, Tourism is all we got.
    And that’s even worse now than when the Plan was enacted. Our economy is held hostage to exogenous factors—factors neither you nor I can either determine or affect.
    As an economist, I remind you of John Maynard Keynes dictum: In the long run, we’re all dead.
    So, let’s not talk of long-term efforts. What we want, what we need are immediate answers. Not just one. A bunch.
    These are a start and a good one. The technical details will be effective. The impact upon the community which is waiting for positive steps will be effective.
    I urge you to pass these measures.
    Malama pono.
    Malama aina.
    Ua Mau ke Ea o ka ‘Aina I ka Pono.

    MJ Duberstein
    34 Iliwai Loop
    Kihei 96753
    891-0597

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    Guest User almost 3 years ago

    I support this, thank you.

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    DC Minogue almost 3 years ago

    I support. I believe the overall benefits to Maui outweigh the costs/difficulties. Also, short-term transient renters break up neighborhood communities.

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    Guest User almost 3 years ago

    November 2, 2021

    Aloha Esteemed members of Maui County Council,
    I am a member of the Maui County Planning commission and am not speaking for or representing the MPC in any way. I am providing this testimony as a citizen of Maui.
    I am writing this letter to bring some material facts to you, in case they hadn’t been considered prior to the drafting of Bill 5159.
    As a thirty-one year resident of Maui County, I concur that we have had far too many visitors over the past 3 years. However, phasing out short term rental condominiums is not the solution.
    This bill seems to be very short-sighted for a number of reasons.
    1) Forcibly changing use and tax category: I am wondering if forcing a property owner to use their property in the way the county sees fit (e.g. being forced to change the use of their property that has had the same use for years) is constitutional? Americans are guaranteed inalienable rights under the Constitution. Property rights seem that they fall under that category?

    2) Reduction in tax revenues. Has anyone calculated the budget deficit from the change in property tax classification, revenue derived from the higher rates and the proposed allowed exemptions? There are approximately 12,000 short term rental units on Maui. Looking at the aggregate value and taxes received in 2020-2021 then recalculating the tax classification and new taxes assessed should make you pause and figure out if the budget can be adjusted with such a huge reduction. Even if you say it will happen over time, the net effect will still be a huge reduction in tax revenues for the County. This would force the Council to increase all other categories to cover that deficit, causing a huge burden on not only older tax payers on fixed incomes, but businesses that are struggling to stay open.

    3) Some owners’ comments: If this bill were to pass, three owners of properties with whom I have spoken said (a), “I don’t want to sell as I love my Maui home, but I will sell my property as I can’t rent it long-term for enough to cover all my expenses.’ Another four said, (b) “I will leave it empty and come over once or twice a year.” Still two more have said,(c) “I won’t have the county force me to create housing for the Maui County Residents. They can sue me because I intend to use my property as I always have. Perhaps I will bring an action against them if they don’t allow me to continue as I have and will for years. Maui County passed a law that made my condo, and others and its use of a short term rental ‘legal’. How do they justify changing their minds and affecting thousands of owners? I have paid hundreds of thousands of dollars for my property, maintained it and it is part of my retirement plan.”

    4) Ramifications of above scenarios: (a) A glut of properties come on the market as owners can no longer afford to own oceanfront properties because of the high expenses. Over time, Property values drop, tax revenues drop, and most renters still will not be able to afford one of these condos. (b) Tax classifications and revenues will be reassessed to second homes with a loss of revenue for the lower classification and use (c) I believe that there will be dozens and dozens of lawsuits that will come from this, perhaps a class action or two but definitely many individual lawsuits, which the county will spend thousands and thousands of dollars defending. With decreased revenues from reassessed properties, where will this unforeseen expense be in the budget.

    5) Long-term Rentals: Many people are not interested in home ownership because of the upkeep, taxes, etc., but they are very interesting in having a nice, clean, affordable place to live and not pay $1,800 for a 250 SF (or less) room with a shared kitchen and bathroom. The county of Maui should have been building affordable RENTALS over the past 30 years. Part of the funds for these units coming from tax revenues and part from developers. The county should be proposing a bill for affordable housing in areas that have or are close to schools, services, bus lines, businesses, etc. and MAKING developers actually build housing rather than buying credits. Had developers actually been building homes instead of buying credits, perhaps the shortage wouldn’t be as great?

    My opinion: It is NOT up to the current, individual property owners to provide housing to the residents of Maui county. It is up the municipality to house their population. This bill was written to target these condos which are seen as ‘low hanging fruit’ and an immediate solution to the housing shortage. Again, individual property owners are NOT responsible for building or providing housing to the county’s residents; the County of Maui and State of Hawai’i is. So, why does the Council have that expectation?
    PLEASE CONSIDER the items I have stated above; they are some, but not all of the reasons, why this bill is a bad idea. As a Realtor I would benefit from clients and owners selling their properties under scenario (a). However, as a citizen of the United States I don’t think it is American to try to force people to use their property in a manner contrary to their historical use NOR to provide housing for the general population of the area in which the property is located. Passage of this bill would most certainly be a calamity.

    PLEASE DO NOT PASS THIS BILL. It is not the short-term solution you think it is to a long-term problem. Mahalo Nui Loa for your time and consideration.

    With regards and aloha,
    P. Denise La Costa
    Maui Resident since January 19, 1990
    Principal Broker/Owner
    La Costa Realty Hawai’’i, LLC

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    Rosa McAllister almost 3 years ago

    I am in complete support of PSLU-28 & PSLU-34.

    Maui has become over-run by tourists, clogging our roads, using our precious resources, destroying our beautiful & sacred aina. We must find multiple ways to deal with the extraordinary level of over-tourism that has existed & profited on maui. It is about time that residents of maui arte heard, respected, & honored first... & the hotels, developers, off-island investors, & more take a back seat. Please support your ohanas, your Kaunas, your keiki & support PSLU-28 & PSLU-34. Our future is in your hands.

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    Colin Ford almost 3 years ago

    I Oppose! This is propably not a wise decision, although for those selfish people who want to keep Maui for themselves I guess it makes sense. Banning new ST rental units will put a cap on jobs from servicing and managing these units, and lower the amount of money that goes into the local economy.Taxes imposed on these units will not make it to state and local governments, who are always complaining they don't have enough money to spend. Wise planning would control the slow growth of these units as well as providing low income units. There needs to be balance and common sense. Unfortunately, these both seem to be lacking from most every level of governmet these days!

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    Guest User almost 3 years ago

    Please see my extended testimony in support of BOTH PSLU-28 AND PSLU-34 submitted via email. - Sarah Hofstadter, Kihei resident

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    Guest User almost 3 years ago

    Please do not phase out TVRs. It is the only way we can make ends meet.
    Gary Mariegard

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    Guest User almost 3 years ago

    Please do not phase out TVRs. It is the only way we can make ends meet.
    Gary Mariegard

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    Guest User almost 3 years ago

    Oppose phasing out existing transient accommodations in apartment districts. Support limiting the construction of new transient accommodations.

    There is no dispute regarding the need for affordable housing. The challenge of course in how to do it. Phasing out existing transient accommodations in apartment districts is not a desirable approach.

    Loss of Tax Revenue. Reduction of transient accommodations would also reduce TAT and GET taxes as well as property taxes for short term rental properties. Rather than reduce the tax revenue, that revenue should be repurposed to provide other affordable housing alternatives.

    Loss of Jobs. Reduction of transient accommodations would also reduce jobs from those who perform transient accommodations services: rental booking, rental management, capital improvements, maintenance, gardening, housekeeping, bookkeeping, and accountant services as well as the income taxes produced by these workers. These would be the very people who would be the demographic for affordable housing.

    Lack of Affordability and Availability of Converted Transient Accommodations. With current market property and rental values, it’s unlikely that those who need affordable housing would be able to afford the phased out transient accommodations without a government subsidy. It’s also unlikely that owners would be willing to stay in the rental market to manage long term rentals with substantially reduced rental income.

    Inequity to Current Transient Accommodation Owners. Most of the owners of the 7,300 potential properties considered for phase out bought, improved, and maintained the properties in reliance on investing in short term rentals. If the propertied were converted from short to long term rentals, the properties would be reduced in value. Upon sale of the properties , there would be reduced capital gains taxes for the State. It would also send the message to potential real estate investors to be wary of investing in Hawaii.

    Better Options. (1.) Review current affordable housing programs to evaluate how they can be improved and expanded. (2.)Model a program after California’s SB 8, 9, and 10 recently adopted. (3.) If transient accommodations are to be phased out, focus on those properties that have successfully evaded registering and paying GET, TAT, and short term rental property taxes.

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    Guest User almost 3 years ago

    Tourism is the lifeblood of Hawaii, and for you to impose ridiculous, harsh regulations is only going to cause higher taxes to Maui residents. Who else is going to pay for the lost revenue you would be creating? Strongly oppose this measure.

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    Duane Fisher almost 3 years ago

    Attached please find the testimony of Derek Kanoa, Hawaii Senior Vice President, Sales, of Hilton Grand Vacations.

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    Guest User almost 3 years ago

    As a long time resident of Maui and healthcare worker I am in support of placing limits on tourism and additional visitor accommodations. The amount of visitors and housing that is accommodating visitors and non residents has grown out of control, especially in the last few years. As residents we are told there is not sufficient water, the sewage treatment facilities are insufficient, we have lack of roads, some which are threatened by erosion and sea level rise, we don't have healthcare facilities or adequate number of healthcare providers. The number of visitors per resident is already far higher than the community plan calls for on a daily basis. It has become difficult to go on hikes or to beaches on many days as there is not enough parking. The grocery store has become unbearable on most days. The culture is disappearing and Maui is turning into a place like any other on the mainland. If we cannot enjoy or afford the place we live, we too will have to leave.