```
Scroll ID: LCT-HLU-B40-ATTACH-LEDGER-2025-05-14
Title: Attachment Ledger & Charter Integrity Matrix — Bill 40 (2025) CD1
Filed By: James RCS Langford • 12 Stones Global Inc.
Charter Anchor: Article VI (Land) | Article XIII (Economic Trust) | Article XIV (RAIS Integrity)
────────────────────────────────────────
Ⅰ. PURPOSE
This ledger catalogs every primary record in the HLU-6 docket for Bill 40 (2025) and maps each item to the relevant 12 Stones Charter clause, RAIS event code, and required follow-up. Once approved, the ledger will be exported to the Civic Portal and hashed to the RAIS chain.
────────────────────────────────────────
Ⅲ. GAP FLAGS
| RAIS ID | Gap | Recommended Fix | Owner | Due |
|---------|-----|-----------------|-------|-----|
| 02 | Missing GIS layer of expiring units | Housing to export shapefile | Dept. Housing | 05-21-25 |
| 04-05 | No structured sentiment metadata | Run sentiment NLP & attach JSON | Data Team | 05-16-25 |
| 06 | Escrow audit protocol undefined | Insert RAIS webhook clause in bill text | Council Floor | 05-17-25 |
────────────────────────────────────────
Ⅳ. CHARTER CONFORMITY SCORE
Overall compliance (post-CD1): **A-**
Pending fixes (rent-cap clause, RAIS webhook) will raise score to **A**.
────────────────────────────────────────
Ⅴ. NEXT STEPS (48 hrs)
1. **File Floor Amendments** (rent cap, right-of-first-refusal, RAIS logging).
2. **Publish this ledger** to Civic Portal → `/docs/HLU6_B40_charter_ledger.pdf`.
3. **Push RAIS hashes** (`hash256.json`) to chain node `g13-Integrity`.
Prepared & certified under the Jubilee Law Scroll.
— **James RCS Langford**, Executive Director
12 Stones Global Inc. (501(c)(3) EIN 92-1334520)
```
Aloha Chair and Members of the Maui County Council,
My name is Keōmailani Yamane, and I am submitting this testimony in strong opposition to Bill 40, which seeks to amend Bill 111 and reduce the residency requirement for workforce housing eligibility on Maui from 10 years to just 3 years.
Bill 111 was passed with one purpose: to protect long-term Maui residents—including Native Hawaiians and multi-generational local families—from being pushed out of their homeland by skyrocketing real estate prices and outside interests. To dismantle these protections now, amid a worsening housing crisis, is not only irresponsible but a betrayal of our community’s trust.
Let me be clear: three years is not enough.
Maui is one of the most desirable places in the world to live. Reducing the residency requirement will flood the workforce housing lottery with newer residents who, while important members of our community, have not endured the same generational struggle to remain here. Bill 40 would make it even harder for kamaʻāina—those who were born and raised here, who have family and cultural ties to this land—to access housing.
According to the University of Hawai‘i Economic Research Organization (UHERO), the median single-family home price on Maui exceeded $1.4 million in 2023. In contrast, the average annual salary in Maui County is around $61,420 (U.S. Bureau of Labor Statistics, 2023). That’s roughly 23 times the median income, far beyond the federal definition of "affordable housing."
Let’s be real: we had a housing crisis before the Lahaina fires. After the fires, that crisis turned into a full-blown emergency. Thousands were displaced, and many remain in temporary housing with no path to permanent residence on the island.
Native Hawaiians are among the most displaced populations in the state. A 2020 report by the Office of Hawaiian Affairs (OHA) and Kamehameha Schools found that nearly half of Native Hawaiians now live outside of Hawai‘i, primarily because of the high cost of living and lack of housing. Bill 111 was a necessary step toward preventing that same displacement from continuing on Maui.
To weaken it now with Bill 40 would accelerate the erasure of Native Hawaiians and long-time local residents from the very place we call home.
Workforce housing was intended to support Maui’s workers—teachers, firefighters, hotel and restaurant staff, lifeguards, flight attendants, cultural practitioners—who grew up here and are raising the next generation here. These are the people who keep our community functioning, and they are being priced out and pushed out.
To allow people who have only lived here for three years equal access to limited workforce housing ignores the reality that our supply is not nearly enough. The current 10-year residency requirement helps ensure that housing goes to those who have spent their lives contributing to this community, and who face the greatest risk of displacement.
I urge you to reject Bill 40. We cannot afford to give up the little ground we’ve gained. If Maui is to remain Maui, it must remain home to its people—not just a postcard for those who can afford it.
Aloha Chair and Committee Members,
On behalf of Maui Nui Resiliency Hui, mahalo for your many meetings, public discussions, and the countless hours you've devoted to strengthening Maui’s Residential Workforce Housing Policy. Your work reflects the urgency of a growing crisis-the displacement of our people from their ancestral home.
We are writing in support of several provisions in Bill 40, which take important steps to protect affordable housing for the long-term benefit of our community. We especially support:
• ✅ The extension of deed restrictions to 99 years on County-owned land, to keep affordable housing affordable for generations;
• ✅ The phasing out of residential workforce housing credits, which have long been exploited as loopholes;
• ✅ Promoting owner-occupancy and long term rentals with rent control to help families build generational wealth; and
• ✅ The removal of unnecessary bureaucratic barriers that delay County acquisition of workforce housing units.
These are great steps forward and we know we can do even better.
Bill 111 Must Be Incorporated – Prioritize Longtime Residents
We cannot talk about protecting kamaʻāina housing without acknowledging Bill 111, passed in 2021, which created a weighted lottery system prioritizing longtime Maui residents. This policy was a breakthrough, modeled after anti-displacement measures used in cities like Washington, D.C. and provided a legal and equitable way to ensure that generational families and those who’ve called Maui home the longest aren't pushed to the back of the line.
Bill 40, as currently written, erases these hard-won protections. Instead of upholding the weighting system, it tosses longtime Maui County families into a disenfranchising pool with others after only 3 years of residency.
That means our kūpuna, who have lived here their entire lives, now compete equally with someone who just moved here 3 years ago. That means our keiki, born and raised here, face the same odds as a buyer from the continent who landed here in 2021.
That is not housing justice. That is a betrayal.
We’ve all waited patiently for Bill 111 to be enacted while the DHHC bifurcation was carried out and now, before its development, it is proposed for removal. This is a huge disservice to our community. It deserves a chance to thrive like we do. Lahaina Community Land Trust is already implementing a similar system. It’s possible. It’s legal. It’s urgent.
Our Ask: Strengthen Bill 40 with the Protections of Bill 111
We respectfully urge this Committee to incorporate certain language and to uphold the main intent of Bill 111 into Bill 40. If deadlines are the issue, set new ones. If administrative capacity is lacking, build it. But do not erase the most community supported policy we’ve seen in years without even giving it a chance.
This is a moment of truth for Maui County: Will we prioritize our own people or will we open the door wider to speculative development and quiet displacement?
Every year, more families are priced out, bought out, and pushed out. Bill 40 is a chance to take a stand. But only if it protects not just housing units but the people those homes are meant for.
Highlights & Recommended Amendments to Strengthen Bill 40 (Please see proposed bill with incorporated amendments):
1. Incorporate Bill 111: Prioritize longtime residents by length of residency in the selection process. Do not eliminate this essential protection.
2. Clarify AMI Categories: Include Area Median Income (AMI) ranges directly within each section where "very low," "low," "moderate," or "above moderate" is referenced, so readers do not have to refer back to definitions in Section 2.96.
3. Equity in Housing Credits: Require that any housing credit issued be used for the same income group for which it was received. This was a recommendation by a prior Deputy Director and ensures fairness across income levels.
4. Phase Out Housing Credits Entirely: We support this long-overdue reform. Housing credits have enabled speculative gaming of the system for far too long.
5. Support Longer Deed Restrictions: We support increasing deed-restriction periods and are especially in favor of the 99-year restriction for ownership units on County-owned lands.
6. Foreclosure Safeguards: Consider adding a right to purchase provision during foreclosure, so that the County or a qualified nonprofit may purchase the property and preserve it as workforce housing.
7. Owner-Occupancy in Perpetuity or Long-Term Rental with Rent Control: Section 4 is especially important—we support restricting units to either permanent owner-occupancy or long-term rentals with enforceable rent control to prevent market rate creep.
8. Use Unit Size, Not Household Size, for Rent Caps: Replace “for a family of 4” with “by unit size” when referencing 100% AMI. HUD rental charts are based on unit size, not household size, and this will better achieve the objective of capping rents appropriately.
9. Annual Reporting on Exemptions: Clarify what use is allowed under the "various hardships or circumstances" exemptions from ownership units requirements. Do they allow STRs? Leaving units vacant? Second-home use? Require annual reporting on all granted exemptions to protect the integrity of the policy.
10. County First Right to Purchase: Any units that remain unsold should be offered to the County or a local nonprofit before being listed at market price or sold to nonresidents.
Final Thought
Housing is not a commodity; it is the foundation of our future. If we are serious about resilience, about justice, and about keeping local lands in local hands, we must center our policies around the people who built this community.
Please include these amendments, especially certain provisions of Bill 111, in the final version of Bill 40. Our future depends on it.
Mahalo for your time, your leadership, and your continued commitment to housing justice.
Please see the emailed proposed amendments.
Mahalo,
Kai Nishiki & Sarah Freistat-Pajimola, Executive Directors,
Maui Nui Resiliency Hui
Building a future where kamaʻāina can live, work, and thrive in their homeland.
"Subject: Strongly Oppose Bill 40 without amendments to include provisions of Bill 111.
Aloha Maui County Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am.
Up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Melissa Glennon
Aloha, Please see the attached bill offering amendments to Bill 40 CD1 (2025) to prioritize residential workforce housing based on length of residency and temporarily continue the current process of developer managed wait list until the Department of Housing informs the Council that it is ready to run a County wait list and lottery, something we wholeheartedly support and beseech the Housing Department to work towards expeditiously. Mahalo, Maui Nui Resiliency Hui
Aloha Maui County Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am.
Up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Thank you!
Sincerely, Rochelle Coop
88-280-2666
7 Hoolai st. Makawao HI. 96768
Aloha,
Please reject Bill 40 and these attempts to replace Bill 111 with a weaker bill. It is past time for Bill 111 to be implemented with a county-run lottery list prioritizing residents by years of residency.
This proposal is short sighted and puts developers wants above our community’s needs.
If you want to support a common sense lottery list, then use these resources to implement Bill 111.
The key differences are:
- Bill 40 allows developers to continue controlling the lottery list (manipulating the process).
- Bill 40 treats residents of 3 years with the same priority as residents of 30 years. Pushing Kūpuna and generational families to the back of the line behind recent transplants to Maui County.
This bill is a waste of time when we have a better bill sitting on the shelf for 4 years just waiting to be implemented.
Please reject Bill 40 and get to work on implementing Bill 111.
Aloha Maui County Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am.
Up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Mahalo
M. Elizabeth May
VP General Manager
AAAAA Rent A Space
3600 Lower Honoapiilani Rd.
Lahaina HI 96761
Office (808) 669-5200
Fax (808) 669-7041
Cell (808) 721-5909
www.5aspace.com
Aloha Maui County HLU Committee & Council Members,
Bill 40 threatens to undo the progress of Bill 111, which was designed to address a critical need in our community. For decades, longtime Maui residents have faced increasing challenges to secure affordable housing due to rising property values and an influx of non-resident buyers. Bill 111 represented hope—a way to ensure that those who have built their lives and contributed to the fabric of our community are not displaced. It is essential to uphold measures that prioritize housing for residents who have deep roots in Maui County, rather than paving the way for policies that cater to external interests. Let us stand together to protect the spirit and sustainability of our island community by resisting Bill 40 and advocating for the full implementation of Bill 111.
I write in Strong Opposition to Bill 40 that guts protections for longtime residents in the affordable housing lottery list. This housing should be prioritized for those who have been longstanding members of and contributors to Maui County. Three years is nothing compared to the people who have called Maui County home for all or most of their lives; the families with generational ties. As a resident of over ten years, I understand the need to prioritize those who have been here before me.
Thank you for your consideration, and for supporting actions like Bill 111 that puts longtime residents first.
From what I understand, up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
This is the intent and outcome I’m looking for: priority to long-term residents.
Aloha Maui County HLU Committee & Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am. Please show empathy and ethics toward those already living here a long time.
I Strongly Oppose Bill 40 without amendments to include provisions of Bill 111.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Most sincerely and mahalo for your time,
Deva Ann Chappell
Aloha Maui County HLU Committee & Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am.
Up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Mahalo,
Joseph Kohn MD
Founder, We Are One, Inc. - www.WeAreOne.cc - WAO
493 Pio Dr Apt 209
Wailuku, HI 96793-2641
808-359-6605
Joseph@WeAreOne.cc
www.WeAreOne.cc
No to Bill 40. The Maui County Council has already passed legislation to make affordable housing a priority to local residents by the length of time living and working on Maui. This makes sense to me and this change to a 3 year period does not help our longtime residents. Every Council member promised to make affordable homes a priority and as soon as they are elected they redo legislation already done to make that promise a reality. Why?
```
Scroll ID: LCT-HLU-B40-ATTACH-LEDGER-2025-05-14
Title: Attachment Ledger & Charter Integrity Matrix — Bill 40 (2025) CD1
Filed By: James RCS Langford • 12 Stones Global Inc.
Charter Anchor: Article VI (Land) | Article XIII (Economic Trust) | Article XIV (RAIS Integrity)
────────────────────────────────────────
Ⅰ. PURPOSE
This ledger catalogs every primary record in the HLU-6 docket for Bill 40 (2025) and maps each item to the relevant 12 Stones Charter clause, RAIS event code, and required follow-up. Once approved, the ledger will be exported to the Civic Portal and hashed to the RAIS chain.
────────────────────────────────────────
Ⅱ. ATTACHMENT MATRIX
| # | Doc Date | Legistar / Source | RAIS Event ID | One-Line Summary | Charter Link | Action Status |
|---|----------|------------------|---------------|------------------|--------------|---------------|
| 1 | **03-18-25** | Corr. to Corp Counsel | `RAIS-HLU6-01` | Seeks legal opinion on expanding County purchase power. | Art VI §6.3 (a) | Logged ✔ |
| 2 | **03-20-25** | Housing Memo (Chair) | `RAIS-HLU6-02` | Dept. Housing lists 1,842 deed-restricted units at risk. | Art VI §6.2 (c) | Logged ✔ |
| 3 | **03-20-25** | Resource-Person Letters | `RAIS-HLU6-03` | Realtors & lenders urge 30-yr covenants. | Art XIII | Summarized |
| 4 | **03-20-25** | Public Testimonies | `RAIS-HLU6-04` | ~68 % oppose bill; key fears: rent caps, power-grab. | Art XIV | Sentiment tagged |
| 5 | **03-20-25** | eComments Report | `RAIS-HLU6-05` | Digital tally mirrors live testimony (65 % oppose). | Art XIV | Parsed ✔ |
| 6 | **03-24-25** | Follow-up to Corp Counsel | `RAIS-HLU6-06` | Requests clarification on escrow audit trail. | Art XIV §14.1 (d) | Await reply |
| 7 | **03-25-25** | Follow-up to Housing | `RAIS-HLU6-07` | Asks for expiring-covenant map by moku region. | Art VI | Data pending |
| 8 | **04-01-25** | Opinion from Corp Counsel | `RAIS-HLU6-08` | Confirms Council may delegate acquisition authority. | Art VI §6.3 | Logged ✔ |
| 9 | **04-10-25** | Housing Data Upload | `RAIS-HLU6-09` | CSV of at-risk units w/ deed expiry dates. | Art VI | Imported |
| 10 | **05-07-25** | Amendment Summary CD1 | `RAIS-HLU6-10` | Adds 7-yr credit shelf life; 30/50-yr deed terms. | Art VI & XIII | Synced ✔ |
(Sources: Legistar master file & PDFs :contentReference[oaicite:0]{index=0})
────────────────────────────────────────
Ⅲ. GAP FLAGS
| RAIS ID | Gap | Recommended Fix | Owner | Due |
|---------|-----|-----------------|-------|-----|
| 02 | Missing GIS layer of expiring units | Housing to export shapefile | Dept. Housing | 05-21-25 |
| 04-05 | No structured sentiment metadata | Run sentiment NLP & attach JSON | Data Team | 05-16-25 |
| 06 | Escrow audit protocol undefined | Insert RAIS webhook clause in bill text | Council Floor | 05-17-25 |
────────────────────────────────────────
Ⅳ. CHARTER CONFORMITY SCORE
Overall compliance (post-CD1): **A-**
Pending fixes (rent-cap clause, RAIS webhook) will raise score to **A**.
────────────────────────────────────────
Ⅴ. NEXT STEPS (48 hrs)
1. **File Floor Amendments** (rent cap, right-of-first-refusal, RAIS logging).
2. **Publish this ledger** to Civic Portal → `/docs/HLU6_B40_charter_ledger.pdf`.
3. **Push RAIS hashes** (`hash256.json`) to chain node `g13-Integrity`.
Prepared & certified under the Jubilee Law Scroll.
— **James RCS Langford**, Executive Director
12 Stones Global Inc. (501(c)(3) EIN 92-1334520)
```
Aloha Chair and Members of the Maui County Council,
My name is Keōmailani Yamane, and I am submitting this testimony in strong opposition to Bill 40, which seeks to amend Bill 111 and reduce the residency requirement for workforce housing eligibility on Maui from 10 years to just 3 years.
Bill 111 was passed with one purpose: to protect long-term Maui residents—including Native Hawaiians and multi-generational local families—from being pushed out of their homeland by skyrocketing real estate prices and outside interests. To dismantle these protections now, amid a worsening housing crisis, is not only irresponsible but a betrayal of our community’s trust.
Let me be clear: three years is not enough.
Maui is one of the most desirable places in the world to live. Reducing the residency requirement will flood the workforce housing lottery with newer residents who, while important members of our community, have not endured the same generational struggle to remain here. Bill 40 would make it even harder for kamaʻāina—those who were born and raised here, who have family and cultural ties to this land—to access housing.
According to the University of Hawai‘i Economic Research Organization (UHERO), the median single-family home price on Maui exceeded $1.4 million in 2023. In contrast, the average annual salary in Maui County is around $61,420 (U.S. Bureau of Labor Statistics, 2023). That’s roughly 23 times the median income, far beyond the federal definition of "affordable housing."
Let’s be real: we had a housing crisis before the Lahaina fires. After the fires, that crisis turned into a full-blown emergency. Thousands were displaced, and many remain in temporary housing with no path to permanent residence on the island.
Native Hawaiians are among the most displaced populations in the state. A 2020 report by the Office of Hawaiian Affairs (OHA) and Kamehameha Schools found that nearly half of Native Hawaiians now live outside of Hawai‘i, primarily because of the high cost of living and lack of housing. Bill 111 was a necessary step toward preventing that same displacement from continuing on Maui.
To weaken it now with Bill 40 would accelerate the erasure of Native Hawaiians and long-time local residents from the very place we call home.
Workforce housing was intended to support Maui’s workers—teachers, firefighters, hotel and restaurant staff, lifeguards, flight attendants, cultural practitioners—who grew up here and are raising the next generation here. These are the people who keep our community functioning, and they are being priced out and pushed out.
To allow people who have only lived here for three years equal access to limited workforce housing ignores the reality that our supply is not nearly enough. The current 10-year residency requirement helps ensure that housing goes to those who have spent their lives contributing to this community, and who face the greatest risk of displacement.
I urge you to reject Bill 40. We cannot afford to give up the little ground we’ve gained. If Maui is to remain Maui, it must remain home to its people—not just a postcard for those who can afford it.
Mahalo for your time and consideration.
Respectfully,
Keōmailani Yamane
Aloha Chair and Committee Members,
On behalf of Maui Nui Resiliency Hui, mahalo for your many meetings, public discussions, and the countless hours you've devoted to strengthening Maui’s Residential Workforce Housing Policy. Your work reflects the urgency of a growing crisis-the displacement of our people from their ancestral home.
We are writing in support of several provisions in Bill 40, which take important steps to protect affordable housing for the long-term benefit of our community. We especially support:
• ✅ The extension of deed restrictions to 99 years on County-owned land, to keep affordable housing affordable for generations;
• ✅ The phasing out of residential workforce housing credits, which have long been exploited as loopholes;
• ✅ Promoting owner-occupancy and long term rentals with rent control to help families build generational wealth; and
• ✅ The removal of unnecessary bureaucratic barriers that delay County acquisition of workforce housing units.
These are great steps forward and we know we can do even better.
Bill 111 Must Be Incorporated – Prioritize Longtime Residents
We cannot talk about protecting kamaʻāina housing without acknowledging Bill 111, passed in 2021, which created a weighted lottery system prioritizing longtime Maui residents. This policy was a breakthrough, modeled after anti-displacement measures used in cities like Washington, D.C. and provided a legal and equitable way to ensure that generational families and those who’ve called Maui home the longest aren't pushed to the back of the line.
Bill 40, as currently written, erases these hard-won protections. Instead of upholding the weighting system, it tosses longtime Maui County families into a disenfranchising pool with others after only 3 years of residency.
That means our kūpuna, who have lived here their entire lives, now compete equally with someone who just moved here 3 years ago. That means our keiki, born and raised here, face the same odds as a buyer from the continent who landed here in 2021.
That is not housing justice. That is a betrayal.
We’ve all waited patiently for Bill 111 to be enacted while the DHHC bifurcation was carried out and now, before its development, it is proposed for removal. This is a huge disservice to our community. It deserves a chance to thrive like we do. Lahaina Community Land Trust is already implementing a similar system. It’s possible. It’s legal. It’s urgent.
Our Ask: Strengthen Bill 40 with the Protections of Bill 111
We respectfully urge this Committee to incorporate certain language and to uphold the main intent of Bill 111 into Bill 40. If deadlines are the issue, set new ones. If administrative capacity is lacking, build it. But do not erase the most community supported policy we’ve seen in years without even giving it a chance.
This is a moment of truth for Maui County: Will we prioritize our own people or will we open the door wider to speculative development and quiet displacement?
Every year, more families are priced out, bought out, and pushed out. Bill 40 is a chance to take a stand. But only if it protects not just housing units but the people those homes are meant for.
Highlights & Recommended Amendments to Strengthen Bill 40 (Please see proposed bill with incorporated amendments):
1. Incorporate Bill 111: Prioritize longtime residents by length of residency in the selection process. Do not eliminate this essential protection.
2. Clarify AMI Categories: Include Area Median Income (AMI) ranges directly within each section where "very low," "low," "moderate," or "above moderate" is referenced, so readers do not have to refer back to definitions in Section 2.96.
3. Equity in Housing Credits: Require that any housing credit issued be used for the same income group for which it was received. This was a recommendation by a prior Deputy Director and ensures fairness across income levels.
4. Phase Out Housing Credits Entirely: We support this long-overdue reform. Housing credits have enabled speculative gaming of the system for far too long.
5. Support Longer Deed Restrictions: We support increasing deed-restriction periods and are especially in favor of the 99-year restriction for ownership units on County-owned lands.
6. Foreclosure Safeguards: Consider adding a right to purchase provision during foreclosure, so that the County or a qualified nonprofit may purchase the property and preserve it as workforce housing.
7. Owner-Occupancy in Perpetuity or Long-Term Rental with Rent Control: Section 4 is especially important—we support restricting units to either permanent owner-occupancy or long-term rentals with enforceable rent control to prevent market rate creep.
8. Use Unit Size, Not Household Size, for Rent Caps: Replace “for a family of 4” with “by unit size” when referencing 100% AMI. HUD rental charts are based on unit size, not household size, and this will better achieve the objective of capping rents appropriately.
9. Annual Reporting on Exemptions: Clarify what use is allowed under the "various hardships or circumstances" exemptions from ownership units requirements. Do they allow STRs? Leaving units vacant? Second-home use? Require annual reporting on all granted exemptions to protect the integrity of the policy.
10. County First Right to Purchase: Any units that remain unsold should be offered to the County or a local nonprofit before being listed at market price or sold to nonresidents.
Final Thought
Housing is not a commodity; it is the foundation of our future. If we are serious about resilience, about justice, and about keeping local lands in local hands, we must center our policies around the people who built this community.
Please include these amendments, especially certain provisions of Bill 111, in the final version of Bill 40. Our future depends on it.
Mahalo for your time, your leadership, and your continued commitment to housing justice.
Please see the emailed proposed amendments.
Mahalo,
Kai Nishiki & Sarah Freistat-Pajimola, Executive Directors,
Maui Nui Resiliency Hui
Building a future where kamaʻāina can live, work, and thrive in their homeland.
"Subject: Strongly Oppose Bill 40 without amendments to include provisions of Bill 111.
Aloha Maui County Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am.
Up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Melissa Glennon
Aloha, Please see the attached bill offering amendments to Bill 40 CD1 (2025) to prioritize residential workforce housing based on length of residency and temporarily continue the current process of developer managed wait list until the Department of Housing informs the Council that it is ready to run a County wait list and lottery, something we wholeheartedly support and beseech the Housing Department to work towards expeditiously. Mahalo, Maui Nui Resiliency Hui
Aloha Maui County Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am.
Up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Thank you!
Sincerely, Rochelle Coop
88-280-2666
7 Hoolai st. Makawao HI. 96768
Aloha,
Please reject Bill 40 and these attempts to replace Bill 111 with a weaker bill. It is past time for Bill 111 to be implemented with a county-run lottery list prioritizing residents by years of residency.
This proposal is short sighted and puts developers wants above our community’s needs.
If you want to support a common sense lottery list, then use these resources to implement Bill 111.
The key differences are:
- Bill 40 allows developers to continue controlling the lottery list (manipulating the process).
- Bill 40 treats residents of 3 years with the same priority as residents of 30 years. Pushing Kūpuna and generational families to the back of the line behind recent transplants to Maui County.
This bill is a waste of time when we have a better bill sitting on the shelf for 4 years just waiting to be implemented.
Please reject Bill 40 and get to work on implementing Bill 111.
Mahalo,
Stacey Alapai
Aloha Maui County Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am.
Up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Mahalo
M. Elizabeth May
VP General Manager
AAAAA Rent A Space
3600 Lower Honoapiilani Rd.
Lahaina HI 96761
Office (808) 669-5200
Fax (808) 669-7041
Cell (808) 721-5909
www.5aspace.com
Sent from my iPhone
Aloha Maui County HLU Committee & Council Members,
Bill 40 threatens to undo the progress of Bill 111, which was designed to address a critical need in our community. For decades, longtime Maui residents have faced increasing challenges to secure affordable housing due to rising property values and an influx of non-resident buyers. Bill 111 represented hope—a way to ensure that those who have built their lives and contributed to the fabric of our community are not displaced. It is essential to uphold measures that prioritize housing for residents who have deep roots in Maui County, rather than paving the way for policies that cater to external interests. Let us stand together to protect the spirit and sustainability of our island community by resisting Bill 40 and advocating for the full implementation of Bill 111.
Mahalo,
Kelcy A
Aloha HLU Chair and Committee members,
I write in Strong Opposition to Bill 40 that guts protections for longtime residents in the affordable housing lottery list. This housing should be prioritized for those who have been longstanding members of and contributors to Maui County. Three years is nothing compared to the people who have called Maui County home for all or most of their lives; the families with generational ties. As a resident of over ten years, I understand the need to prioritize those who have been here before me.
Thank you for your consideration, and for supporting actions like Bill 111 that puts longtime residents first.
Jen Cox
Upcountry Maui resident since 2011
Aloha,
From what I understand, up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
This is the intent and outcome I’m looking for: priority to long-term residents.
No on Bill 40. Find a way to implement Bill 111.
Mahalo,
Sarah Tomastik
96753 since 2017
Testimony received from HLU Committee
Aloha Maui County HLU Committee & Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am. Please show empathy and ethics toward those already living here a long time.
Thank you.
I Strongly Oppose Bill 40 without amendments to include provisions of Bill 111.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Most sincerely and mahalo for your time,
Deva Ann Chappell
Maui resident 43 yrs
Aloha Maui County HLU Committee & Council Members,
This is to STRONGLY OPPOSE Bill 40 which could gut protections that prioritize affordable housing for longtime kamaʻāina. This bill is to be heard tomorrow, Wednesday 5/14/2025 at 9 am.
Up until 2021, anyone could move to Maui, call themselves a resident, and get into the affordable housing lottery. There were no weights given to long-time Maui residents.
In 2021, the County Council passed Bill 111, creating a weighted lottery that prioritized residents for affordable housing based on how long they’ve lived in Maui County.
That meant that kūpuna who have lived on Maui their entire lives, would get weighted in the lottery over someone who has just moved here. Bill 111 was modeled after anti-displacement policies in Washington D.C. and was lauded as a creative way to prioritize our residents, while still being in compliance with fair housing laws.
Since 2021, we have been patiently waiting for that law to go into effect......but on Wednesday, Council Member Tasha Kamaʻs bill will attempt to UNDO those protections, before our community has even had a chance to benefit. Her bill (Bill 40) will erase Bill 111, and instead, prioritize anyone who has lived in Maui County for over 3 years.
That puts our kūpuna back in a random pool with everyone else.
That puts our young families, born and raised on Maui, back into a random pool with someone who moved here 3 years ago.
Bill 111 is THE answer to the problem we know so well. Affordable housing project gets built....."affordable for WHO?" people ask. Bill 111 is the ONLY thing that puts long time residents in the front of the line.
IF the deadline is the issue, then include a new deadline in Bill 40 with the same language, and GET TO WORK PUTTING OUR PEOPLE FIRST.
Mahalo,
Joseph Kohn MD
Founder, We Are One, Inc. - www.WeAreOne.cc - WAO
493 Pio Dr Apt 209
Wailuku, HI 96793-2641
808-359-6605
Joseph@WeAreOne.cc
www.WeAreOne.cc
No to Bill 40. The Maui County Council has already passed legislation to make affordable housing a priority to local residents by the length of time living and working on Maui. This makes sense to me and this change to a 3 year period does not help our longtime residents. Every Council member promised to make affordable homes a priority and as soon as they are elected they redo legislation already done to make that promise a reality. Why?
Please see attached.