My name is Paul Berndt, my wife, Weiming Bian, and I own a short-term rental property in the Kapalua Resort in Maui County. We are writing today to strongly oppose and express our concerns about the proposed legislation to phase out more than 7,000 vacation rentals.
The Ridge Villas in the Kapalua Resort area were never constructed for workforce housing and not geared towards family housing as the residences limit occupancy, prohibit pets, and have limited storage space. As such, we respectfully request that you are selective in identifying the properties that are identified in providing housing for people.
Based on various studies, there will be a negative impact on Maui County in terms of lost tax revenues, lost jobs, and lost economic activity. The Ridge Villas will not be affordable to buy or rent for those you are trying to help, and it will be a losing proposition for everyone. With the maintenance costs, special assessments, and massive increases in insurance premiums, the annual AOAO expense alone is now over $32,000 per year.
Please exclude The Ridge, Bay, and Golf Villas in the Kapalua Resort from any Short-Term Rental Bans.
Thank you for your time and consideration.
Sincerely,
Paul Berndt and Weiming Bian
100 Ridge Road
Lahaina, HI 96761
pdberndt@ieee.org
Our names are Scott and Rebecca Scherr, and we own 2 properties in the Kapalua Resort in Maui County. We are writing to express our cstrong belief that the proposed legislation is overbroad and should be amended to exempt the Kapalua Resort clearly and unambiguously from the proposed short-term rental ban.
First and foremost, we want to express our deepest concern for the citizens of Maui who lost their homes—or even their lives—in the devastating fire. Our hearts go out to the families and communities still coping with these unimaginable losses. We are committed to supporting Maui’s recovery and long-term well-being.
The Kapalua Resort is a master-planned resort community. The Kapalua Bay, Ridge, and Golf Villas were planned, approved, constructed, and sold primarily for vacation use, including short-term rental. They have been used consistently for that purpose for over 45 years. Their intended and actual use has never changed. They have never served as affordable housing or workforce housing.
As owners in the Kapalua Resort, we support the Maui community in many ways. We frequent and recommend local businesses and employ local service providers—many of whom have become trusted friends over the years. In addition, many individuals employed by our rental company and by Kapalua Resort itself rely on the continuation of short-term rentals for their livelihood. Their jobs and income would be directly threatened by this legislation.
We respectfully urge you to exclude the Kapalua Resort from any short-term rental ban you may recommend.
Thank you for your time and careful consideration.
Good day to all HLU committee members, Chair Kama, and Vice Chair U'u-Hodgins.
Thank you for reading and considering my comments in strong opposition to Bill 9 which would uniformly, indiscriminately, and categorically eliminate STRs on the Minatoya list.
My name is Mary. I am a frequent visitor and part-time resident of Hawaii. When I am on Maui, I reside at the Papakea resort community.
As was suggested by the Planning Commission last July, I feel the Papakea should be excluded from this proposed sweeping change.
Here are a few of the many reasons.
* Papakea is situated along a string of hotel-resort zoned properties and shares amenities with the neighboring property of Ka'annapali Shores.
*Papakea is already partially hotel-zoned and has been for decades. Papakea functions as a full resort community with front desk registration, concierge and provides independent hotel and resort amenities.
*Papakea Oceanfront Resort was sold and marketed as a legal vacation rental property from the beginning. It has been functioning as a legal vacation rental for 50 years. Owners purchased condos at Papakea with the reasonable expectation that short-term rentals were legal, based on ordinances, historically since 1989, and most recently in 2022.
* The Papakea resort and its' operations provide jobs with competitive wages for 35 benefited on-site staff. Many of them employed here for over 17 years. This does not include the ancillary operations which employ housekeepers, handymen, contractors, fitness instructors, entertainment, and management companies. Many locals would immediately lose their jobs. I know many of them personally.
Furthermore, the Papakea has a 32-million-dollar plumbing project that is underway with Hawaii-based contractors. Since the Papakea is an older property, ongoing projects and repairs are the norm and not the exception. Other costly repairs in the immediate future are concrete spalling repairs and electrical rewiring improvements. These costs are being absorbed by owners at the Papakea.
*Current maintenance dues range from $ 1,100 to roughly $ 2,800 per month and have been increasing annually along with other carrying costs such as insurance and fees in the form of special assessments.
Other facts to consider:
*Papakea was never designated as workforce housing and therefore was never 'converted' to vacation rental use.
*Papakea has generated nearly $17,000,000 in tax revenue in the last 5 years alone.
Tourism dollars circulating back into the Maui economy would also be lost, creating a negative ripple effect on the economic health of Maui that the county and state simply can't afford.
A final point that I am sure you are already aware of, given the drop in tourism. Many people I have spoken with have already stated they will not visit Maui due to the threat of these properties being eliminated. Most do not want to stay in hotels due to less convenience and increased expense. Hotels pay a proportionately lower tax rate than STRs, and a large percentage of the money generated is sent to corporate headquarters on the mainland and not back into the Maui economy.
I firmly believe that good governance requires leadership that does not harm large numbers of people in an attempt to 'fix' a multifactorial and complex problem, but instead looks to preserve the economy, constitutional rights, and liberties while coming up with mutually beneficial solutions. Affordable housing requires thoughtful planning, budgeting, and this bill will not provide responsible solutions but more harm, than realized good.
I restate, the Papakea Resort community should not be included in Bill 9 for the many reasons outlined above. Please also see attached PDF, which highlights the key reasons why the Papakea Resort, in particular, should be exempt from any STR ban.
My name is Lourdes and I live on Maui. I am writing to ask you to please vote no on Bill 9.
I work full-time as a cleaner for vacation rentals that are on the Minatoya list. If this bill passes, I will lose my job. These rentals are the only ones I clean. I have no other work.
I help take care of many people in my family—elders and young kids. They depend on my income. Without this job, I don’t know how we will pay mortgage, buy food, or take care of each other. I will lose my house.
I don’t work for big hotels. I work for local owners who follow the rules. They pay me fairly, and this job has helped me stay on Maui.
Please think about workers like me. We didn’t cause the housing problems, but we are the ones who will be hurt first. This bill will take away the only job I have.
Please vote no on Bill 9. It will hurt real people who are just trying to survive.
Aloha Chair, Vice Chair, and Esteemed Committee Members,
My name is James Lang, and I’m a homeowner with a short-term rental at Kapalua Golf Villas in Maui County. I’m writing today not just as a property owner, but as someone whose heart has been tied to this island for over four decades.
My first trip to Maui was in 1981 when I was just 14 years old. My family and I camped along the beaches, exploring every corner of the island with wide eyes and open hearts. The memories of snorkeling vibrant reefs, watching rainbows stretch across the sky, and feeling the genuine warmth of the aloha spirit left an imprint on my soul that has never faded.
Since then, I’ve returned to Maui more times than I can count. As I’ve grown older, my way of visiting has changed—from tents on beaches to hotels, and eventually, to short-term rental condos that truly feel like home. Whether we stay in Makena or Kapalua, we skip the big box stores and instead seek out local fruit stands, mom-and-pop restaurants, and small businesses. It’s how we stay connected to the community and honor the spirit of the island we love so dearly.
After my parents passed, we used their inheritance to purchase our condo at Kapalua—a way to keep their spirit here in the place they cherished (they honeymooned on Maui in 1962, also camping on beaches!) Owning this condo was never just about investment; it was about connection, about legacy. I’ve poured my heart, time, and resources into making it a place that’s warm, welcoming, and respectful of its surroundings.
Every guest who stays receives a personal welcome guide filled with recommendations to local spots—restaurants, shops, and family-run activities. I know for a fact that many of our guests wouldn’t have come to Maui if short-term rentals weren’t an option. And when they do come, their spending ripples through the local economy—from our cleaning crew and repair techs, to the farmers and small business owners they support.
The costs of maintaining our place continue to rise—insurance, HOA dues, taxes, wildfire-related assessments—and we’re not making profits. We’re barely breaking even. But we’re committed because we believe in Maui, and we hope to one day retire here and become a full-time part of this community.
This proposed legislation to eliminate over 7,000 vacation rentals feels drastic and out of step with the realities many of us face. Responsible, caring owners like myself want what’s best for Maui. I respectfully urge you to consider a more thoughtful, balanced path—one that protects housing for local families and recognizes the positive contributions of those of us who truly love and support Maui.
Mahalo for your time, and for listening to the voice of someone who carries Maui in their heart every single day.
William and Denise Michels, owners of B101 Papakea resort. Thank you for the opportunity to testify.
Papakea is an ocean-front property, completed in 1978 and consists of 364 individual condominiums. It was initially marketed and sold as vacation rental property. The majority of units are under 600 square feet and the property has limited parking, no outdoor storage, and minimal personal storage. Papakea has never been workforce housing so it is not an example of a property that converted from workforce housing to transient vacation rental use. It is located directly adjacent to a long stretch of hotel zoned properties and commercial properties.
Papakea currently employs approximately 35 local resident employees; some have worked at the property for over 15 years; some started in entry-level positions and worked into supervisory roles.
Papakea supports a wide variety of local trade professionals including pest control, HVAC, plumbing, electrical, and tree trimming. These are on a continual basis, channeling well needed funds into local businesses. Papakea STRs support a number of small businesses in the Maui community including housekeepers, handymen, on-island agents, and contractors. All businesses that suffered greatly during covid when there were no tourism. We source all our supplies on island, using local businesses and contractors for all work. Without the use of short term rentals I would not be able to utilize regular maintenance schedules with local businesses. I would not have need of housekeepers, maintenance personnel, on island agent.
Papakea can only support the current personnel and operational maintenance levels with high maintenance dues which rely on short-term rental revenue. Without the rentals the maintenance dues would be staggering. Papakea’s resort operations require extensive maintenance which makes the month maintenance dues very high, compared to properties designed for long term housing with lower maintenance dues. Unsubsidized long term rental rates do not come lose to covering the maintenance dues, special assessments, mortgage payments, property taxes and insurance which prevents Papakea from ever becoming a sustainable long-term housing option.
Papakea STRs support a number of small businesses in the Maui community including housekeepers, handymen, on-island agents, and contractors. We regularly support a wide variety of local trade professionals including pest control, HVAC, plumbing, electrical and tree trimming. We use an on island agent (My Perfect Stays) which is providing employment for booking agents, housekeepers, handymen. These service providers set their own rates, work hours, select their own clients, work conditions and standard operating procedures. Shutting down short term rentals at Papakea means putting these folks out of business with fewer employment opportunities.
Papakea guests support many small businesses on the island included restaurants, food trucks, tour operators, car rentals, state parks, the national park, and shops. Without their support of the small businesses on the island those businesses would die off. Making it even harder for employment on the islands.
Papakea has a high number of returning guests that have been visiting Maui for years and have deep connections with the community. They understand the importance of spending their money on island to support the local businesses.
Papakea STRs support the State of Hawaii and County of Maui through payment of property taxes (many at the short-term rental rate), Transient Accommodations Tax, General Excise Task, and Maui Transient Accommodations Tax.
Respectfully submitted,
William & Denise Michels
Owner B101
Papakea Resort
As part-time residents for 12 years at Pacific Shores we have always sought to to take responsibility on the island we love by volunteering in multiple venues and forming friendships across the island. This has made us very aware of the need for housing and indeed, we housed some of those displaced by the Lahaina fires in the fall of 2023. However, this bill spells a downturn in the lives of the community in which we live, and based on the experiences of other cities will not create the affordable housing needed. On a county perspective, property taxes from short-term property owners makes up 37% of property tax revenue, and property tax revenue represents 15% of Maui County’s budget. Those losses will affect services for many families including those on Lanai'i and Moloka'i.
Our neighborhood businesses in Kihei exist in large part due to revenues at a level that only part-time renters can sustain. Some of those small businesses include those that lost their venues in Lahaina. Local small businesses clean our condo many times a year and tradespeople are employed by us and our STR management company. That company is also locally owned, employing 100+ Maui residents and keeping profits in the community far more effectively than resorts. Pacific Shore's business neighborhood (from Kalama park to Kamaole III) is almost exclusively made up of businesses strongly dependent on local short term rentals. We ourselves are more likely to cease rental altogether than accept long term renters as we are resident for many months of the year -- as are numerous owners at our property. Finally, the depreciation of value to our property would have consequences to the island beyond ourselves.
We urge you to veto this well-intentioned but destructive bill.
Let me first state that I have no vested interest in any short term rental. I am a resident of Lahaina.
Maui’s proposed ban of short-term rentals (STRs) is a flawed policy that fails to solve the housing crisis and risks severe economic harm. It threatens Maui’s tourism-driven economy, which generates a large portion of Maui's economic activity. The 2022 study by economist Paul Brewbaker estimates a $2.74 billion economic loss, $137.6 million in tax revenue decline, and 14,126 job losses. UHERO projects a $900 million drop in visitor spending and 1,900 job losses, hitting local businesses and workers hard. These two studies generally align. Look at the damage this “proposal” alone has already done to Maui real-estate and the local economy.
This ban won’t ensure affordable housing. Minatoya List condos are unlikely to become affordable rentals due to high costs and unsuitable layouts.
As an example of such a failure, South Lake Tahoe’s 2018 STR restrictions failed to increase workforce housing, suggesting similar outcomes for Maui. The Tahoe ban failed to deliver. A 2022 study by the University of California, Riverside, found no significant increase in long-term rentals or affordable housing. Many STR properties became second homes for wealthy buyers or sat vacant, as owners preferred to hold rather than rent long-term at lower rates. Housing prices continued to rise, with median home prices increasing 20% from 2018 to 2022, per Zillow data, outpacing local wage growth. The policy also reduced tourism revenue, with a 10% drop in transient occupancy tax revenue reported by the city in 2020, hurting local businesses and jobs.
Maui's perceived housing crisis stems from limited development, high construction costs and general cost of living, not STRs. The true source of the perceived housing crisis is an economic crisis which is prevalent across many parts of the US including Hawaii. Even if we had a flood of housing in Hawaii, how could it be affordable given todays cost of living on Hawaii.
In addition, Legal risks loom large. STR owners, protected by a 2001 legal opinion, may likely sue, burdening Maui with legal costs and delays. A Maui Vacation Rental Association poll shows only 12% of voters support a full ban, with 65% favoring regulation of illegal STRs instead. Why isn't such a critical proposal of banning STR’s put up for a general vote by all the stakeholders?
Rather than banning STRs, Maui should enforce existing rules, incentivize new housing and address the root causes of Hawaii affordability. The ban risks economic damage, fails to address housing shortages, and ignores public sentiment, ultimately hurting residents.
Dear Chair Kama, Vice Chair Uʻu-Hodgins and Members of the Housing and Land Use Committee:
I oppose Bill 9 as drafted and propose that the Council amend Bill 9 to exclude Papakea Oceanfront Resort which the County has historically identified as having A2-H2 zoning. Below I have listed some of the reasons I believe Papakea Oceanfront Resort should be excluded from Bill 9:
* Papakea was initially marketed and sold as a legal vacation rental property before any zoning restrictions limited transient vacation rentals in apartment zoned properties.
* Papakea owners have been operating legal vacation rentals for almost fifty years.
* Papakea has never been workforce housing, so Papakea is not an example of a property that converted from workforce housing to transient vacation rental use.
* The majority of units at Papakea are under 600 square feet and the property has limited parking.
* Papakea is not in a residential neighborhood and is located alongside a long stretch of hotel-zoned properties and directly adjacent to multiple commercially-zoned properties.
* Unlike apartment buildings designed for long-term residential use, Papakea has a front desk, an activity concierge, shared activity space, and numerous other common resort amenities.
* Owners purchased condos at Papakea with the reasonable expectation that short-term rentals were legal based on ordinances as far back as 1989, and as recent as 2022.
* In reliance on the Maui County ordinances and published documents, Hawaii state law, and constitutional protections, owners invested in costly renovations, furnishings, and long-term financial commitments such as mortgages that make any phase out of short-term rental right offensive of each buyer’s investment-backed expectations.
Here are some of Papakea’s Contributions to the Community:
* Papakea’s resort operations provide full-time, benefited, employment for 35 local resident employees; some have worked at the property for over 17 years; many started in entry-level positions and worked into supervisory roles.
* Papakea supports a wide variety of local trade professionals including pest control, HVAC, painting, plumbing, electrical, general contracting, masonry, tile and flooring, fitness instructors, entertainers, and tree trimming.
Here are just some of the individual Owner Contributions to the Community:
* Owners support/hire many small businesses owned and operated by local residents from the Maui community rely on Papakea short-term rentals including housekeepers, handymen, on-island agents, and contractors. These service providers set their own rates, work hours, select their own clients, work conditions and standard operating procedures. Shutting down short-term rentals at Papakea means telling local entrepreneurs that worked hard to build a small business that they need to just go get a job somewhere else to make less money, have less flexibility, and be subject to oppressive corporate policies.
* Papakea STRs support the State of Hawaii and County of Maui through payment of property taxes (many at the short-term rental rate), Transient Accommodations Tax, General Excise Tax, and Maui County Transient Accommodations Tax.
* Papakea guests support many small businesses on the island including restaurants, food trucks, tour operators, activities, state parks, the national park, and shops.
* Papakea owners and guests regularly participate in community activities including volunteering at beach cleanups, Maui Humane Society, the hospital, and many other local organizations, and contribute to local philanthropic and cultural efforts.
I would like to thank the committee for the opportunity to comment on the opposition of Bill 9.
Our names are Keegan and Cristina Cotton, and we own property in the Kapalua Resort in Maui County. We are writing to express our strong belief that the proposed legislation is overbroad and should be amended to exempt the Kapalua Resort clearly and unambiguously from the proposed short-term rental ban.
The Kapalua Resort is a master planned resort community. The Kapalua Bay, Ridge, and Golf Villas were planned, approved, constructed, and sold for primarily vacation use, including short-term rental. They have been used continuously to include short-term rentals for over 45 years. Their use has never changed. They have never been affordable housing. Nor have they ever been workforce housing.
Owners in the Kapalua Resort, like us, support the local Maui community. We frequent and recommend many local businesses and employ many local service providers, many of whom have become valued friends over the years. Sadly, the proposed ordinance has already damaged tourism and negatively impacted the local community.
The Kapalua Bay, Ridge, and Golf Villas are not suitable for affordable family housing. The Villas are very expensive to buy. Annual maintenance is hugely expensive. Annual homeowners’ expenses can exceed over $32,000. Insurance and taxes are very expensive. Future building repairs will be very expensive in our over-45-year-old buildings. Kapalua Resort rules ban work vehicles, restrict parking, limit occupancy, prohibit pets, and lack storage space, as just some examples.
Multiple studies have shown that the proposed ordinance will have a very harmful impact on the Maui economy, particularly if a ban is overbroad and not carefully tailored to balance the need for affordable housing with the significant damage to tourism and the Maui economy, including its tax base. In balancing these considerations, the clear and obvious public interest requires exempting the Kapalua Resort from any short-term rental ban the County might adopt.
Please exclude the Kapalua Resort from any short-term rental ban you might recommend.
Mahalo for your time and careful consideration.
Sincerely,
Keegan and Cristina Cotton
500 Bay Drive
Lahaina, HI 96761
keegancotton@gmail.com
Aloha to the Chair and Committee Members,
I am an owner and part time resident of Maui at the Kauhale Makai in Kihei. I spend 5 to 6 months out of the year on island. When I bought the condo in 2012 I was under the understanding that we were considered a hotel and were allowed to short term rent. This supplements my expenses since I pay the highest property tax and high maintenance fees at the resort. The units at the Kauhale Makai are not considered affordable housing. These units have little storage, space and parking. The high maintenance fees alone make it unaffordable for 1 or 2 people in my unit. In 2024 because of the Governor telling people not to come to Maui and the Mayor’s proposal to do away with short term rentals I lost about 187 days of rentals. Last year was the first year I scrambled to get vacation rentals. First time since 2012 I had no renters in the summer and limited in the fall. This legislature has also caused my cleaning company to pivot from cleaning vacation rentals to cleaning rental cars to survive. The county for a possible 187 days lost TAT tax from my unit and others. Never mind the business’s in Kihei that rely on tourist dollars.
Please consider long and hard before going ahead with the county’s plan. How about concentrating on illegal short term rentals and homes that could be affordable housing. Thank you.
Sue Canfield
Suecanfield15@gmail.com
Considering Bill 9 (2025), and the Mayors correspondence about the bill especially the motivation statements I would submit that the Bill fails to address the needs of Hawaiians and will not improve the supply of affordable housing on two additional points that I don't believe have been covered in previous submissions.
1. Passing this bill in isolation fails to provide a well thought out plan for the long standing residents of the Maui community. Isolated legislative efforts have been attempted on multiple occasions and for many decades without any improvement, as stated both by the mayor and others in their own testimony.
As one example the deed restrictions on affordable housing need to be addressed as a first step. Fixing existing legislation that is creating the problem in the first place should be the first priority. Adding more economically destructive bills impacting the wider economy and employment etc will only worsen an already painful reality by pulling more people into economic disadvantage. With a revolving door on affordable housing stock being retired after 10 years or less and returned to the general housing pool, the housing crisis wont be impacted. Can we expect that legislative efforts asking property owners to make economic sacrifices would be sensible if the barn door is left open on affordable housing policies.
I encourage people to read the following input from Joe Green at the grass roots institute if Hawaii to the Housing and Land Use Committee as a good compromise, https://www.grassrootinstitute.org/2025/03/longer-deed-restriction-periods-could-make-affordable-housing-less-desirable/.
2. The recent downturn in Maui property values for condotels has been substantial and steep.
The recent drop in values serves as a good predictor of what might happen should the bill pass. Those backing the Bill have proposed that this drop in values would be the catalyst for making housing affordable for those needing it.
However, as we can already see this decrease in valuations has not contributed to solving the housing crises to any degree. Properties remain on the market for extended periods of time lacking buyers. In addition units in the Harbour Lights and other affordable properties are still available and on the market.
Maui county residents need their representatives to take a more positive direction and explicit action, for example supporting affordable housing development and acquisitions, rather than relying on unreliable and unpredictable/unintended side effects of legislative actions to implement policy outcomes.
My name is Brandon Janes, and I’ve proudly called Maui home for the past 23 years. I am a licensed real estate broker and I manage legal short-term vacation rentals here on the island. I am here today to express my strong opposition to Bill 9.
This bill doesn’t just impact property owners, it threatens the livelihoods of everyday people who make our local economy function. I work directly with a network of subcontractors and employees; from housekeepers and maintenance crews to reservation staff and local service providers. These are not big corporations, these are local families who depend on this industry to pay their rent and put food on the table.
Short-term rentals also support our broader island economy. Visitors staying in legally operating units eat at our restaurants, book educational tours, shop at local businesses, and engage in cultural experiences. They are not just vacationing, they are supporting Maui’s small businesses, farmers, and cultural practitioners. These legal TVRs have clear rules and high standards. We educate our guests about island etiquette, conservation, and respectful behavior, because we care about the place we all call home.
I understand the need for more long-term housing. But removing legal, tax-paying short-term rentals in apartment-zoned areas won’t fix our housing crisis. These units were never intended for affordable housing, they’re priced and located in ways that don’t align with the local rental market. Taking them offline won’t suddenly make them attainable for local families, it will simply create economic hardship for the people who rely on them.
Maui’s future depends on balance. We can protect residents and preserve our way of life without dismantling an industry that - when operated responsibly -, benefits our island economically, socially, and culturally.
Please don’t let Bill 9 move forward. Let’s work together on real solutions that help local families without harming the ones already working hard to support our community.
Aloha Chair, Vice Chair, and Housing and Land Use Committee Members.
My name is Richard Cook. I appreciate the opportunity to provide input in opposition to the proposed legislation to phase out more than 7000 LEGAL vacation rental properties on Maui.
My family and I had dreamed of owning a property on Maui, not just to visit the island, but to become a part of the community with the "Aloha spirit" that we have loved so much.
We worked hard to save enough money to invest in a legal vacation rental property on Maui, and have always done what we can to (a) help support local Maui businesses, and (b) promote respectful and environmentally conscious tourism to Maui.
As such, we hired Maui Paradise Properties to manage the rental of our unit at Hoyochi Nikko, which is on the Minatoya List. Maui Paradise Properties is a locally owned and operated business that has employed more than 20 local Maui residents. In addition to this, we employ local cleaners to clean our unit after each vacation rental.
We encourage our guests to visit local restaurants close to Hoyochi Nikko, such as Miso Phat Sushi, A'A Roots, Tamura's Poke bar, The Fish Market, and the Honoapiilani food truck park, along with many others.
Because the building is old, there is a lot of maintenance that needs to be done. We have hired a local air conditioning maintenance and repair company, that regularly maintains our two air conditioning units. We have also hired local contractors to repair furniture, and a local plumbing company to deal with plumbing issues in our apartment.
This year, the HOA of Hoyochi Nikko hired local companies to do major repairs to the concrete foundation of the building, as well as a local company to replace the sliding doors of all of the apartments. They have also hired a local company to replace the roof. All of these repairs are very costly, with each apartment owner having to pay several thousands of dollars in special assessments.
Even before the special assessments related to these repairs, our monthly HOA fees are ~ $1500/month, to cover the cost of maintaining the property, and paying for a local Maui resident to stay on site in one of the apartments, as the manager of the complex.
We are very concerned about the impact that the proposed bill would have on our family, as well as on the lives of the many Maui citizens who depend on the business generated by legal vacation rentals like our own.
This is not to say that we are opposed to the idea of affordable housing for native and local Maui residents. In fact, we feel strongly that this should be a priority for the Maui government. However, we do NOT believe that elminating 7000 legal short term rental units will solve the housing problems for local and native Maui residents. These apartments are, for the most part, expensive to maintain, with high monthly HOA costs. Even if the price were to come down, what is stopping other people who are neither local Maui residents, or native Maui residents from buying the units? Also, if local and native Maui residents either face unemployment, or reduced income from dramatically lower tourism, or tourism that is controlled by large international hotel chains, their ability to afford housing on Maui will be further compromised. Finally, if these 7000 legal short term rental units are converted to long term rental or personal use only, this will cause the loss of substantial tax revenue for the Maui government, which will impair its ability to build new purpose-built affordable housing.
We therefore respectfully request that the Land Use and Housing Committee reject bill 9, and thereby reject the proposed legislation to phase out the Minatoya list short term rental apartment zoning. Instead, we hope that the Committee will focus on using the tax revenue generated by these units to help build new affordable housing that can and should be restricted to native and local Maui residents only.
Mahalo for your service to the community and people of Maui, and for taking the time to read and consider my comments.
Richard Cook
Our names are Brandon Pham and Charlene Trinh, and we are owners of property in the Kapalua Resort in Maui County. We are writing to express our strong belief that the proposed legislation is OVERBROAD and should be amended to exempt all properties within the Kapalua Resort, clearly and unambiguously, from the proposed short-term rental ban.
The Kapalua Resort is a master planned resort community. The Kapalua Bay, Ridge, and Golf Villas were originally planned, approved, constructed, and sold for PRIMARILY VACATION USE, including short-term rental. They have been used continuously to include short-term rentals for over 45 years. Their use has NEVER CHANGED. They have NEVER been seen, used or designated as affordable housing. Nor have they ever been seen, used or designated as workforce housing.
Owners in the Kapalua Resort, like us, support the local Maui community. We frequent and recommend many local businesses and employ many local service providers, many of whom have become valued friends over the years. Sadly, the proposed ordinance has already damaged tourism, diminished taxes for the county, and negatively impacted the local community.
The Kapalua Bay, Ridge, and Golf Villas are NOT SUITABLE for affordable family housing. The Villas are very expensive to buy. Annual maintenance is hugely expensive. Annual homeowners’ expenses can exceed over $32,000. Insurance and taxes are very expensive. Future building repairs will be very expensive in our over-45-year-old buildings. Kapalua Resort rules ban work vehicles, restrict parking, limit occupancy, prohibit pets, and lack storage space, as just some examples.
In balancing these considerations, the clear and obvious public interest requires EXEMPTING THE KAPALUA RESORT from any short-term rental ban the County might adopt.
Please EXCLUDE THE KAPALUA RESORT from any short-term rental ban you might recommend.
Mahalo for your time and careful consideration.
Most Sincerely,
Brandon Pham &
Charlene Trinh
Mobile phone: 714.333.7397
Email: brandopham@yahoo.com
I respectfully oppose Bill 9 due to the significant economic consequences it would have on local workers and small businesses. Eliminating thousands of vacation rentals would also eliminate thousands of jobs, not only within the vacation rental sector itself, but across the many small businesses that directly and indirectly support Maui’s tourism economy.
While the need for more housing is clear, this bill does not create new homes. What it does create is immediate uncertainty for working families who rely on this sector to make a living. I urge the Committee to consider more balanced solutions that protect both housing goals and the livelihoods of our residents.
To: Maui County Planning Commission
From: Gary & Perry, Homeowners at Kaanapali Royal
Reference: Oppose Bill 9, Protect Kaanapali Royal from Proposed Ban on Short Term Rentals (STRs)
As West Maui residents and property owners for over 15 years, we respectfully ask that you protect Kaanapali Royal from the proposed ban on STRs/apartment-zoned condos within Kaanapali Beach Resort, which were master-planned for short term visitor use. These units offer needed resort living for visitors/owners that desire multiple bedrooms and kitchens during their stay on Maui. Kaanapali Royal was built in 1980 with 105 two bedroom/two bath condos zoned as apartment (A2) and is legally part of the famous Kaanapali Beach Resort, which attracts visitors from all over the world. Most owners at Kaanapali Royal use their property as STRs. At a recent BOD meeting at Kaanapali Royal, it was reported that 8 out of 105 units were owner occupied (8%). The remaining 92% of owners rent their units as STRs (52%), a combination of owner occupancy and STR (28%) or long-term rental (12%).
STRs in resort areas should be exempt from Bill 9, like legislation that was passed in Kauai in 2009 (Bill 2298). STRs provide needed visitor accommodations that hotels do not offer and provide needed Transient Accommodations Tax (TAT) revenue that is used for schools, roads and affordable housing. TAT income is vital to restoring Lahaina and West Maui’s infrastructure to continue to attract visitors on a global level.
If Kaanapali Royal units were offered as long-term housing, they would not fit the profile of “affordable” housing needed for displaced Lahaina fire victims as described in Senate Bill 2919 and from messages conveyed by Governor Green and Maui Mayor Bissen. The profile of that person has been described as 87% were renters and paid approximately $1800/month for one-bedroom accommodations. Recent long-term rentals in Kaanapali Royal are at a rate of approximately $6000/month. Further, Kaanapali Royal does not offer assigned parking, does not offer private garages/carports and has limited storage space.
To compound the situation in West Maui further, domestic air travel to Maui is down 50% from last year. This is likely due to the uncertainty and mixed messaging that vacationers are receiving from the Governor of Hawaii and Mayor of Maui regarding the ban on STRs.
Protect Kaanapali Royal and Kaanapali Beach Resort (KBR) as a whole, from the proposed ban on STRs for the following reasons:
1. Protecting Kaanapali is consistent with legislation passed in Kauai in 2009 that zoned Visitor Destination Areas (VDAs) which allow STRs.
2. STRs within VDAs on Maui generate a large percentage of revenue from TAT which is needed to rebuild Lahaina and to build new affordable housing.
3. STRs within the Kaanapali Beach Resort VDA do not meet the Governor’s & Mayor’s objective to provide “affordable” housing to displaced Lahaina fire victims. In a press release & article published by the Star Advertiser on May 2, 2024, Maui Mayor Richard Bissen said, “It is important to note that most, if not all of these, TVRs impacted by this legislation were previously built and designed for workforce housing in West Maui and our goal is to return them to their intended purpose.” Kaanapali Royal was not designed or built as workforce housing.
4. Enforcing the ban on STRs within resort areas will cause a large inventory of condos zoned as A1/A2 (apartment) to be placed on the market. Low demand for these units due to uncertainty over the situation will drive home values lower. Property taxes will decline as a result.
5. Local employees that support STVs such as property management teams, housekeeping, and maintenance personnel will lose their jobs.
6. Original zoning documents for Kaanapali Royal complex dating back to 1978-1980, show that the project was designated as short-term vacation rental.
Protect and preserve the original intent of Kaanapali Beach Resort as it was master planned over 50 years ago. Continue to attract tourists to a world class resort which was never intended to be offered as “affordable” housing for the workforce population of Maui. Per the Maui Economic Development Board (MEDB) website, 70% of Maui County revenue comes from tourism. A “win-win” for both sides of the arguments for and against Bill 9 is to re-zone Maui like what was accomplished with Kauai Bill 2298 where areas such as Kaanapali Beach are zoned as “Visitor Designated Area” (VDA.) This approach will support the tourism industry, provide jobs for local residents and provide TAT taxes to rebuild affordable housing and schools. Housing in VDAs is generally not affordable and was designed for short term needs (no garages, no assigned parking, high HOA fees, limited storage).
All of the uncertainty, risk and proposed ban on STRs has caused the inventory of condos listed for sale in West Maui to increase significantly in comparison to last year. We respectfully ask to stop the uncertainty and take time to re-zone Maui similar to legislation passed in Kauai so that a balance can be reached.
Hello Chair, Vice Chair, and Committee Members,
My name is Paul Berndt, my wife, Weiming Bian, and I own a short-term rental property in the Kapalua Resort in Maui County. We are writing today to strongly oppose and express our concerns about the proposed legislation to phase out more than 7,000 vacation rentals.
The Ridge Villas in the Kapalua Resort area were never constructed for workforce housing and not geared towards family housing as the residences limit occupancy, prohibit pets, and have limited storage space. As such, we respectfully request that you are selective in identifying the properties that are identified in providing housing for people.
Based on various studies, there will be a negative impact on Maui County in terms of lost tax revenues, lost jobs, and lost economic activity. The Ridge Villas will not be affordable to buy or rent for those you are trying to help, and it will be a losing proposition for everyone. With the maintenance costs, special assessments, and massive increases in insurance premiums, the annual AOAO expense alone is now over $32,000 per year.
Please exclude The Ridge, Bay, and Golf Villas in the Kapalua Resort from any Short-Term Rental Bans.
Thank you for your time and consideration.
Sincerely,
Paul Berndt and Weiming Bian
100 Ridge Road
Lahaina, HI 96761
pdberndt@ieee.org
Chair, Vice Chair, and Committee Members,
Our names are Scott and Rebecca Scherr, and we own 2 properties in the Kapalua Resort in Maui County. We are writing to express our cstrong belief that the proposed legislation is overbroad and should be amended to exempt the Kapalua Resort clearly and unambiguously from the proposed short-term rental ban.
First and foremost, we want to express our deepest concern for the citizens of Maui who lost their homes—or even their lives—in the devastating fire. Our hearts go out to the families and communities still coping with these unimaginable losses. We are committed to supporting Maui’s recovery and long-term well-being.
The Kapalua Resort is a master-planned resort community. The Kapalua Bay, Ridge, and Golf Villas were planned, approved, constructed, and sold primarily for vacation use, including short-term rental. They have been used consistently for that purpose for over 45 years. Their intended and actual use has never changed. They have never served as affordable housing or workforce housing.
As owners in the Kapalua Resort, we support the Maui community in many ways. We frequent and recommend local businesses and employ local service providers—many of whom have become trusted friends over the years. In addition, many individuals employed by our rental company and by Kapalua Resort itself rely on the continuation of short-term rentals for their livelihood. Their jobs and income would be directly threatened by this legislation.
We respectfully urge you to exclude the Kapalua Resort from any short-term rental ban you may recommend.
Thank you for your time and careful consideration.
Sincerely,
Scott and Rebecca Scherr
Good day to all HLU committee members, Chair Kama, and Vice Chair U'u-Hodgins.
Thank you for reading and considering my comments in strong opposition to Bill 9 which would uniformly, indiscriminately, and categorically eliminate STRs on the Minatoya list.
My name is Mary. I am a frequent visitor and part-time resident of Hawaii. When I am on Maui, I reside at the Papakea resort community.
As was suggested by the Planning Commission last July, I feel the Papakea should be excluded from this proposed sweeping change.
Here are a few of the many reasons.
* Papakea is situated along a string of hotel-resort zoned properties and shares amenities with the neighboring property of Ka'annapali Shores.
*Papakea is already partially hotel-zoned and has been for decades. Papakea functions as a full resort community with front desk registration, concierge and provides independent hotel and resort amenities.
*Papakea Oceanfront Resort was sold and marketed as a legal vacation rental property from the beginning. It has been functioning as a legal vacation rental for 50 years. Owners purchased condos at Papakea with the reasonable expectation that short-term rentals were legal, based on ordinances, historically since 1989, and most recently in 2022.
* The Papakea resort and its' operations provide jobs with competitive wages for 35 benefited on-site staff. Many of them employed here for over 17 years. This does not include the ancillary operations which employ housekeepers, handymen, contractors, fitness instructors, entertainment, and management companies. Many locals would immediately lose their jobs. I know many of them personally.
Furthermore, the Papakea has a 32-million-dollar plumbing project that is underway with Hawaii-based contractors. Since the Papakea is an older property, ongoing projects and repairs are the norm and not the exception. Other costly repairs in the immediate future are concrete spalling repairs and electrical rewiring improvements. These costs are being absorbed by owners at the Papakea.
*Current maintenance dues range from $ 1,100 to roughly $ 2,800 per month and have been increasing annually along with other carrying costs such as insurance and fees in the form of special assessments.
Other facts to consider:
*Papakea was never designated as workforce housing and therefore was never 'converted' to vacation rental use.
*Papakea has generated nearly $17,000,000 in tax revenue in the last 5 years alone.
Tourism dollars circulating back into the Maui economy would also be lost, creating a negative ripple effect on the economic health of Maui that the county and state simply can't afford.
A final point that I am sure you are already aware of, given the drop in tourism. Many people I have spoken with have already stated they will not visit Maui due to the threat of these properties being eliminated. Most do not want to stay in hotels due to less convenience and increased expense. Hotels pay a proportionately lower tax rate than STRs, and a large percentage of the money generated is sent to corporate headquarters on the mainland and not back into the Maui economy.
I firmly believe that good governance requires leadership that does not harm large numbers of people in an attempt to 'fix' a multifactorial and complex problem, but instead looks to preserve the economy, constitutional rights, and liberties while coming up with mutually beneficial solutions. Affordable housing requires thoughtful planning, budgeting, and this bill will not provide responsible solutions but more harm, than realized good.
I restate, the Papakea Resort community should not be included in Bill 9 for the many reasons outlined above. Please also see attached PDF, which highlights the key reasons why the Papakea Resort, in particular, should be exempt from any STR ban.
Mahalo, for your thoughtful consideration.
Mary D
I oppose this bill.
My name is Lourdes and I live on Maui. I am writing to ask you to please vote no on Bill 9.
I work full-time as a cleaner for vacation rentals that are on the Minatoya list. If this bill passes, I will lose my job. These rentals are the only ones I clean. I have no other work.
I help take care of many people in my family—elders and young kids. They depend on my income. Without this job, I don’t know how we will pay mortgage, buy food, or take care of each other. I will lose my house.
I don’t work for big hotels. I work for local owners who follow the rules. They pay me fairly, and this job has helped me stay on Maui.
Please think about workers like me. We didn’t cause the housing problems, but we are the ones who will be hurt first. This bill will take away the only job I have.
Please vote no on Bill 9. It will hurt real people who are just trying to survive.
Mahalo,
Lourdes Garcia
Maui Resident
Aloha Chair, Vice Chair, and Esteemed Committee Members,
My name is James Lang, and I’m a homeowner with a short-term rental at Kapalua Golf Villas in Maui County. I’m writing today not just as a property owner, but as someone whose heart has been tied to this island for over four decades.
My first trip to Maui was in 1981 when I was just 14 years old. My family and I camped along the beaches, exploring every corner of the island with wide eyes and open hearts. The memories of snorkeling vibrant reefs, watching rainbows stretch across the sky, and feeling the genuine warmth of the aloha spirit left an imprint on my soul that has never faded.
Since then, I’ve returned to Maui more times than I can count. As I’ve grown older, my way of visiting has changed—from tents on beaches to hotels, and eventually, to short-term rental condos that truly feel like home. Whether we stay in Makena or Kapalua, we skip the big box stores and instead seek out local fruit stands, mom-and-pop restaurants, and small businesses. It’s how we stay connected to the community and honor the spirit of the island we love so dearly.
After my parents passed, we used their inheritance to purchase our condo at Kapalua—a way to keep their spirit here in the place they cherished (they honeymooned on Maui in 1962, also camping on beaches!) Owning this condo was never just about investment; it was about connection, about legacy. I’ve poured my heart, time, and resources into making it a place that’s warm, welcoming, and respectful of its surroundings.
Every guest who stays receives a personal welcome guide filled with recommendations to local spots—restaurants, shops, and family-run activities. I know for a fact that many of our guests wouldn’t have come to Maui if short-term rentals weren’t an option. And when they do come, their spending ripples through the local economy—from our cleaning crew and repair techs, to the farmers and small business owners they support.
The costs of maintaining our place continue to rise—insurance, HOA dues, taxes, wildfire-related assessments—and we’re not making profits. We’re barely breaking even. But we’re committed because we believe in Maui, and we hope to one day retire here and become a full-time part of this community.
This proposed legislation to eliminate over 7,000 vacation rentals feels drastic and out of step with the realities many of us face. Responsible, caring owners like myself want what’s best for Maui. I respectfully urge you to consider a more thoughtful, balanced path—one that protects housing for local families and recognizes the positive contributions of those of us who truly love and support Maui.
Mahalo for your time, and for listening to the voice of someone who carries Maui in their heart every single day.
Warmest regards,
James Lang
I am writing to express my strong opposition to Bill 9 and request an exemption for Papakea Resort from this amendment.
William and Denise Michels, owners of B101 Papakea resort. Thank you for the opportunity to testify.
Papakea is an ocean-front property, completed in 1978 and consists of 364 individual condominiums. It was initially marketed and sold as vacation rental property. The majority of units are under 600 square feet and the property has limited parking, no outdoor storage, and minimal personal storage. Papakea has never been workforce housing so it is not an example of a property that converted from workforce housing to transient vacation rental use. It is located directly adjacent to a long stretch of hotel zoned properties and commercial properties.
Papakea currently employs approximately 35 local resident employees; some have worked at the property for over 15 years; some started in entry-level positions and worked into supervisory roles.
Papakea supports a wide variety of local trade professionals including pest control, HVAC, plumbing, electrical, and tree trimming. These are on a continual basis, channeling well needed funds into local businesses. Papakea STRs support a number of small businesses in the Maui community including housekeepers, handymen, on-island agents, and contractors. All businesses that suffered greatly during covid when there were no tourism. We source all our supplies on island, using local businesses and contractors for all work. Without the use of short term rentals I would not be able to utilize regular maintenance schedules with local businesses. I would not have need of housekeepers, maintenance personnel, on island agent.
Papakea can only support the current personnel and operational maintenance levels with high maintenance dues which rely on short-term rental revenue. Without the rentals the maintenance dues would be staggering. Papakea’s resort operations require extensive maintenance which makes the month maintenance dues very high, compared to properties designed for long term housing with lower maintenance dues. Unsubsidized long term rental rates do not come lose to covering the maintenance dues, special assessments, mortgage payments, property taxes and insurance which prevents Papakea from ever becoming a sustainable long-term housing option.
Papakea STRs support a number of small businesses in the Maui community including housekeepers, handymen, on-island agents, and contractors. We regularly support a wide variety of local trade professionals including pest control, HVAC, plumbing, electrical and tree trimming. We use an on island agent (My Perfect Stays) which is providing employment for booking agents, housekeepers, handymen. These service providers set their own rates, work hours, select their own clients, work conditions and standard operating procedures. Shutting down short term rentals at Papakea means putting these folks out of business with fewer employment opportunities.
Papakea guests support many small businesses on the island included restaurants, food trucks, tour operators, car rentals, state parks, the national park, and shops. Without their support of the small businesses on the island those businesses would die off. Making it even harder for employment on the islands.
Papakea has a high number of returning guests that have been visiting Maui for years and have deep connections with the community. They understand the importance of spending their money on island to support the local businesses.
Papakea STRs support the State of Hawaii and County of Maui through payment of property taxes (many at the short-term rental rate), Transient Accommodations Tax, General Excise Task, and Maui Transient Accommodations Tax.
Respectfully submitted,
William & Denise Michels
Owner B101
Papakea Resort
As part-time residents for 12 years at Pacific Shores we have always sought to to take responsibility on the island we love by volunteering in multiple venues and forming friendships across the island. This has made us very aware of the need for housing and indeed, we housed some of those displaced by the Lahaina fires in the fall of 2023. However, this bill spells a downturn in the lives of the community in which we live, and based on the experiences of other cities will not create the affordable housing needed. On a county perspective, property taxes from short-term property owners makes up 37% of property tax revenue, and property tax revenue represents 15% of Maui County’s budget. Those losses will affect services for many families including those on Lanai'i and Moloka'i.
Our neighborhood businesses in Kihei exist in large part due to revenues at a level that only part-time renters can sustain. Some of those small businesses include those that lost their venues in Lahaina. Local small businesses clean our condo many times a year and tradespeople are employed by us and our STR management company. That company is also locally owned, employing 100+ Maui residents and keeping profits in the community far more effectively than resorts. Pacific Shore's business neighborhood (from Kalama park to Kamaole III) is almost exclusively made up of businesses strongly dependent on local short term rentals. We ourselves are more likely to cease rental altogether than accept long term renters as we are resident for many months of the year -- as are numerous owners at our property. Finally, the depreciation of value to our property would have consequences to the island beyond ourselves.
We urge you to veto this well-intentioned but destructive bill.
If this bill passes our Ohana will have to leave Maui. :''-(
Please, please, please, vote NO.
Aloha to the Chair and Committee Members,
Let me first state that I have no vested interest in any short term rental. I am a resident of Lahaina.
Maui’s proposed ban of short-term rentals (STRs) is a flawed policy that fails to solve the housing crisis and risks severe economic harm. It threatens Maui’s tourism-driven economy, which generates a large portion of Maui's economic activity. The 2022 study by economist Paul Brewbaker estimates a $2.74 billion economic loss, $137.6 million in tax revenue decline, and 14,126 job losses. UHERO projects a $900 million drop in visitor spending and 1,900 job losses, hitting local businesses and workers hard. These two studies generally align. Look at the damage this “proposal” alone has already done to Maui real-estate and the local economy.
This ban won’t ensure affordable housing. Minatoya List condos are unlikely to become affordable rentals due to high costs and unsuitable layouts.
As an example of such a failure, South Lake Tahoe’s 2018 STR restrictions failed to increase workforce housing, suggesting similar outcomes for Maui. The Tahoe ban failed to deliver. A 2022 study by the University of California, Riverside, found no significant increase in long-term rentals or affordable housing. Many STR properties became second homes for wealthy buyers or sat vacant, as owners preferred to hold rather than rent long-term at lower rates. Housing prices continued to rise, with median home prices increasing 20% from 2018 to 2022, per Zillow data, outpacing local wage growth. The policy also reduced tourism revenue, with a 10% drop in transient occupancy tax revenue reported by the city in 2020, hurting local businesses and jobs.
Maui's perceived housing crisis stems from limited development, high construction costs and general cost of living, not STRs. The true source of the perceived housing crisis is an economic crisis which is prevalent across many parts of the US including Hawaii. Even if we had a flood of housing in Hawaii, how could it be affordable given todays cost of living on Hawaii.
In addition, Legal risks loom large. STR owners, protected by a 2001 legal opinion, may likely sue, burdening Maui with legal costs and delays. A Maui Vacation Rental Association poll shows only 12% of voters support a full ban, with 65% favoring regulation of illegal STRs instead. Why isn't such a critical proposal of banning STR’s put up for a general vote by all the stakeholders?
Rather than banning STRs, Maui should enforce existing rules, incentivize new housing and address the root causes of Hawaii affordability. The ban risks economic damage, fails to address housing shortages, and ignores public sentiment, ultimately hurting residents.
Dear Chair Kama, Vice Chair Uʻu-Hodgins and Members of the Housing and Land Use Committee:
I oppose Bill 9 as drafted and propose that the Council amend Bill 9 to exclude Papakea Oceanfront Resort which the County has historically identified as having A2-H2 zoning. Below I have listed some of the reasons I believe Papakea Oceanfront Resort should be excluded from Bill 9:
* Papakea was initially marketed and sold as a legal vacation rental property before any zoning restrictions limited transient vacation rentals in apartment zoned properties.
* Papakea owners have been operating legal vacation rentals for almost fifty years.
* Papakea has never been workforce housing, so Papakea is not an example of a property that converted from workforce housing to transient vacation rental use.
* The majority of units at Papakea are under 600 square feet and the property has limited parking.
* Papakea is not in a residential neighborhood and is located alongside a long stretch of hotel-zoned properties and directly adjacent to multiple commercially-zoned properties.
* Unlike apartment buildings designed for long-term residential use, Papakea has a front desk, an activity concierge, shared activity space, and numerous other common resort amenities.
* Owners purchased condos at Papakea with the reasonable expectation that short-term rentals were legal based on ordinances as far back as 1989, and as recent as 2022.
* In reliance on the Maui County ordinances and published documents, Hawaii state law, and constitutional protections, owners invested in costly renovations, furnishings, and long-term financial commitments such as mortgages that make any phase out of short-term rental right offensive of each buyer’s investment-backed expectations.
Here are some of Papakea’s Contributions to the Community:
* Papakea’s resort operations provide full-time, benefited, employment for 35 local resident employees; some have worked at the property for over 17 years; many started in entry-level positions and worked into supervisory roles.
* Papakea supports a wide variety of local trade professionals including pest control, HVAC, painting, plumbing, electrical, general contracting, masonry, tile and flooring, fitness instructors, entertainers, and tree trimming.
Here are just some of the individual Owner Contributions to the Community:
* Owners support/hire many small businesses owned and operated by local residents from the Maui community rely on Papakea short-term rentals including housekeepers, handymen, on-island agents, and contractors. These service providers set their own rates, work hours, select their own clients, work conditions and standard operating procedures. Shutting down short-term rentals at Papakea means telling local entrepreneurs that worked hard to build a small business that they need to just go get a job somewhere else to make less money, have less flexibility, and be subject to oppressive corporate policies.
* Papakea STRs support the State of Hawaii and County of Maui through payment of property taxes (many at the short-term rental rate), Transient Accommodations Tax, General Excise Tax, and Maui County Transient Accommodations Tax.
* Papakea guests support many small businesses on the island including restaurants, food trucks, tour operators, activities, state parks, the national park, and shops.
* Papakea owners and guests regularly participate in community activities including volunteering at beach cleanups, Maui Humane Society, the hospital, and many other local organizations, and contribute to local philanthropic and cultural efforts.
I would like to thank the committee for the opportunity to comment on the opposition of Bill 9.
Sincerely,
Leslie A. Ringstad
3543 Lower Honoapiilani Road, Apartment K206
Aloha Chair, Vice Chair, and Committee Members,
Our names are Keegan and Cristina Cotton, and we own property in the Kapalua Resort in Maui County. We are writing to express our strong belief that the proposed legislation is overbroad and should be amended to exempt the Kapalua Resort clearly and unambiguously from the proposed short-term rental ban.
The Kapalua Resort is a master planned resort community. The Kapalua Bay, Ridge, and Golf Villas were planned, approved, constructed, and sold for primarily vacation use, including short-term rental. They have been used continuously to include short-term rentals for over 45 years. Their use has never changed. They have never been affordable housing. Nor have they ever been workforce housing.
Owners in the Kapalua Resort, like us, support the local Maui community. We frequent and recommend many local businesses and employ many local service providers, many of whom have become valued friends over the years. Sadly, the proposed ordinance has already damaged tourism and negatively impacted the local community.
The Kapalua Bay, Ridge, and Golf Villas are not suitable for affordable family housing. The Villas are very expensive to buy. Annual maintenance is hugely expensive. Annual homeowners’ expenses can exceed over $32,000. Insurance and taxes are very expensive. Future building repairs will be very expensive in our over-45-year-old buildings. Kapalua Resort rules ban work vehicles, restrict parking, limit occupancy, prohibit pets, and lack storage space, as just some examples.
Multiple studies have shown that the proposed ordinance will have a very harmful impact on the Maui economy, particularly if a ban is overbroad and not carefully tailored to balance the need for affordable housing with the significant damage to tourism and the Maui economy, including its tax base. In balancing these considerations, the clear and obvious public interest requires exempting the Kapalua Resort from any short-term rental ban the County might adopt.
Please exclude the Kapalua Resort from any short-term rental ban you might recommend.
Mahalo for your time and careful consideration.
Sincerely,
Keegan and Cristina Cotton
500 Bay Drive
Lahaina, HI 96761
keegancotton@gmail.com
Aloha to the Chair and Committee Members,
I am an owner and part time resident of Maui at the Kauhale Makai in Kihei. I spend 5 to 6 months out of the year on island. When I bought the condo in 2012 I was under the understanding that we were considered a hotel and were allowed to short term rent. This supplements my expenses since I pay the highest property tax and high maintenance fees at the resort. The units at the Kauhale Makai are not considered affordable housing. These units have little storage, space and parking. The high maintenance fees alone make it unaffordable for 1 or 2 people in my unit. In 2024 because of the Governor telling people not to come to Maui and the Mayor’s proposal to do away with short term rentals I lost about 187 days of rentals. Last year was the first year I scrambled to get vacation rentals. First time since 2012 I had no renters in the summer and limited in the fall. This legislature has also caused my cleaning company to pivot from cleaning vacation rentals to cleaning rental cars to survive. The county for a possible 187 days lost TAT tax from my unit and others. Never mind the business’s in Kihei that rely on tourist dollars.
Please consider long and hard before going ahead with the county’s plan. How about concentrating on illegal short term rentals and homes that could be affordable housing. Thank you.
Sue Canfield
Suecanfield15@gmail.com
Aloha pumehana kākou,
Considering Bill 9 (2025), and the Mayors correspondence about the bill especially the motivation statements I would submit that the Bill fails to address the needs of Hawaiians and will not improve the supply of affordable housing on two additional points that I don't believe have been covered in previous submissions.
1. Passing this bill in isolation fails to provide a well thought out plan for the long standing residents of the Maui community. Isolated legislative efforts have been attempted on multiple occasions and for many decades without any improvement, as stated both by the mayor and others in their own testimony.
As one example the deed restrictions on affordable housing need to be addressed as a first step. Fixing existing legislation that is creating the problem in the first place should be the first priority. Adding more economically destructive bills impacting the wider economy and employment etc will only worsen an already painful reality by pulling more people into economic disadvantage. With a revolving door on affordable housing stock being retired after 10 years or less and returned to the general housing pool, the housing crisis wont be impacted. Can we expect that legislative efforts asking property owners to make economic sacrifices would be sensible if the barn door is left open on affordable housing policies.
I encourage people to read the following input from Joe Green at the grass roots institute if Hawaii to the Housing and Land Use Committee as a good compromise, https://www.grassrootinstitute.org/2025/03/longer-deed-restriction-periods-could-make-affordable-housing-less-desirable/.
2. The recent downturn in Maui property values for condotels has been substantial and steep.
The recent drop in values serves as a good predictor of what might happen should the bill pass. Those backing the Bill have proposed that this drop in values would be the catalyst for making housing affordable for those needing it.
However, as we can already see this decrease in valuations has not contributed to solving the housing crises to any degree. Properties remain on the market for extended periods of time lacking buyers. In addition units in the Harbour Lights and other affordable properties are still available and on the market.
Maui county residents need their representatives to take a more positive direction and explicit action, for example supporting affordable housing development and acquisitions, rather than relying on unreliable and unpredictable/unintended side effects of legislative actions to implement policy outcomes.
Ka mahalo
Aloha Chair and Committee Members,
My name is Brandon Janes, and I’ve proudly called Maui home for the past 23 years. I am a licensed real estate broker and I manage legal short-term vacation rentals here on the island. I am here today to express my strong opposition to Bill 9.
This bill doesn’t just impact property owners, it threatens the livelihoods of everyday people who make our local economy function. I work directly with a network of subcontractors and employees; from housekeepers and maintenance crews to reservation staff and local service providers. These are not big corporations, these are local families who depend on this industry to pay their rent and put food on the table.
Short-term rentals also support our broader island economy. Visitors staying in legally operating units eat at our restaurants, book educational tours, shop at local businesses, and engage in cultural experiences. They are not just vacationing, they are supporting Maui’s small businesses, farmers, and cultural practitioners. These legal TVRs have clear rules and high standards. We educate our guests about island etiquette, conservation, and respectful behavior, because we care about the place we all call home.
I understand the need for more long-term housing. But removing legal, tax-paying short-term rentals in apartment-zoned areas won’t fix our housing crisis. These units were never intended for affordable housing, they’re priced and located in ways that don’t align with the local rental market. Taking them offline won’t suddenly make them attainable for local families, it will simply create economic hardship for the people who rely on them.
Maui’s future depends on balance. We can protect residents and preserve our way of life without dismantling an industry that - when operated responsibly -, benefits our island economically, socially, and culturally.
Please don’t let Bill 9 move forward. Let’s work together on real solutions that help local families without harming the ones already working hard to support our community.
Mahalo for your time.
Respectfully,
Brandon Janes
Aloha Chair, Vice Chair, and Housing and Land Use Committee Members.
My name is Richard Cook. I appreciate the opportunity to provide input in opposition to the proposed legislation to phase out more than 7000 LEGAL vacation rental properties on Maui.
My family and I had dreamed of owning a property on Maui, not just to visit the island, but to become a part of the community with the "Aloha spirit" that we have loved so much.
We worked hard to save enough money to invest in a legal vacation rental property on Maui, and have always done what we can to (a) help support local Maui businesses, and (b) promote respectful and environmentally conscious tourism to Maui.
As such, we hired Maui Paradise Properties to manage the rental of our unit at Hoyochi Nikko, which is on the Minatoya List. Maui Paradise Properties is a locally owned and operated business that has employed more than 20 local Maui residents. In addition to this, we employ local cleaners to clean our unit after each vacation rental.
We encourage our guests to visit local restaurants close to Hoyochi Nikko, such as Miso Phat Sushi, A'A Roots, Tamura's Poke bar, The Fish Market, and the Honoapiilani food truck park, along with many others.
Because the building is old, there is a lot of maintenance that needs to be done. We have hired a local air conditioning maintenance and repair company, that regularly maintains our two air conditioning units. We have also hired local contractors to repair furniture, and a local plumbing company to deal with plumbing issues in our apartment.
This year, the HOA of Hoyochi Nikko hired local companies to do major repairs to the concrete foundation of the building, as well as a local company to replace the sliding doors of all of the apartments. They have also hired a local company to replace the roof. All of these repairs are very costly, with each apartment owner having to pay several thousands of dollars in special assessments.
Even before the special assessments related to these repairs, our monthly HOA fees are ~ $1500/month, to cover the cost of maintaining the property, and paying for a local Maui resident to stay on site in one of the apartments, as the manager of the complex.
We are very concerned about the impact that the proposed bill would have on our family, as well as on the lives of the many Maui citizens who depend on the business generated by legal vacation rentals like our own.
This is not to say that we are opposed to the idea of affordable housing for native and local Maui residents. In fact, we feel strongly that this should be a priority for the Maui government. However, we do NOT believe that elminating 7000 legal short term rental units will solve the housing problems for local and native Maui residents. These apartments are, for the most part, expensive to maintain, with high monthly HOA costs. Even if the price were to come down, what is stopping other people who are neither local Maui residents, or native Maui residents from buying the units? Also, if local and native Maui residents either face unemployment, or reduced income from dramatically lower tourism, or tourism that is controlled by large international hotel chains, their ability to afford housing on Maui will be further compromised. Finally, if these 7000 legal short term rental units are converted to long term rental or personal use only, this will cause the loss of substantial tax revenue for the Maui government, which will impair its ability to build new purpose-built affordable housing.
We therefore respectfully request that the Land Use and Housing Committee reject bill 9, and thereby reject the proposed legislation to phase out the Minatoya list short term rental apartment zoning. Instead, we hope that the Committee will focus on using the tax revenue generated by these units to help build new affordable housing that can and should be restricted to native and local Maui residents only.
Mahalo for your service to the community and people of Maui, and for taking the time to read and consider my comments.
Richard Cook
Aloha Chair, Vice Chair, and Committee Members,
Our names are Brandon Pham and Charlene Trinh, and we are owners of property in the Kapalua Resort in Maui County. We are writing to express our strong belief that the proposed legislation is OVERBROAD and should be amended to exempt all properties within the Kapalua Resort, clearly and unambiguously, from the proposed short-term rental ban.
The Kapalua Resort is a master planned resort community. The Kapalua Bay, Ridge, and Golf Villas were originally planned, approved, constructed, and sold for PRIMARILY VACATION USE, including short-term rental. They have been used continuously to include short-term rentals for over 45 years. Their use has NEVER CHANGED. They have NEVER been seen, used or designated as affordable housing. Nor have they ever been seen, used or designated as workforce housing.
Owners in the Kapalua Resort, like us, support the local Maui community. We frequent and recommend many local businesses and employ many local service providers, many of whom have become valued friends over the years. Sadly, the proposed ordinance has already damaged tourism, diminished taxes for the county, and negatively impacted the local community.
The Kapalua Bay, Ridge, and Golf Villas are NOT SUITABLE for affordable family housing. The Villas are very expensive to buy. Annual maintenance is hugely expensive. Annual homeowners’ expenses can exceed over $32,000. Insurance and taxes are very expensive. Future building repairs will be very expensive in our over-45-year-old buildings. Kapalua Resort rules ban work vehicles, restrict parking, limit occupancy, prohibit pets, and lack storage space, as just some examples.
In balancing these considerations, the clear and obvious public interest requires EXEMPTING THE KAPALUA RESORT from any short-term rental ban the County might adopt.
Please EXCLUDE THE KAPALUA RESORT from any short-term rental ban you might recommend.
Mahalo for your time and careful consideration.
Most Sincerely,
Brandon Pham &
Charlene Trinh
Mobile phone: 714.333.7397
Email: brandopham@yahoo.com
Aloha Chair and Committee Members,
I respectfully oppose Bill 9 due to the significant economic consequences it would have on local workers and small businesses. Eliminating thousands of vacation rentals would also eliminate thousands of jobs, not only within the vacation rental sector itself, but across the many small businesses that directly and indirectly support Maui’s tourism economy.
While the need for more housing is clear, this bill does not create new homes. What it does create is immediate uncertainty for working families who rely on this sector to make a living. I urge the Committee to consider more balanced solutions that protect both housing goals and the livelihoods of our residents.
Mahalo for your time and consideration,
Tim S.
To: Maui County Planning Commission
From: Gary & Perry, Homeowners at Kaanapali Royal
Reference: Oppose Bill 9, Protect Kaanapali Royal from Proposed Ban on Short Term Rentals (STRs)
As West Maui residents and property owners for over 15 years, we respectfully ask that you protect Kaanapali Royal from the proposed ban on STRs/apartment-zoned condos within Kaanapali Beach Resort, which were master-planned for short term visitor use. These units offer needed resort living for visitors/owners that desire multiple bedrooms and kitchens during their stay on Maui. Kaanapali Royal was built in 1980 with 105 two bedroom/two bath condos zoned as apartment (A2) and is legally part of the famous Kaanapali Beach Resort, which attracts visitors from all over the world. Most owners at Kaanapali Royal use their property as STRs. At a recent BOD meeting at Kaanapali Royal, it was reported that 8 out of 105 units were owner occupied (8%). The remaining 92% of owners rent their units as STRs (52%), a combination of owner occupancy and STR (28%) or long-term rental (12%).
STRs in resort areas should be exempt from Bill 9, like legislation that was passed in Kauai in 2009 (Bill 2298). STRs provide needed visitor accommodations that hotels do not offer and provide needed Transient Accommodations Tax (TAT) revenue that is used for schools, roads and affordable housing. TAT income is vital to restoring Lahaina and West Maui’s infrastructure to continue to attract visitors on a global level.
If Kaanapali Royal units were offered as long-term housing, they would not fit the profile of “affordable” housing needed for displaced Lahaina fire victims as described in Senate Bill 2919 and from messages conveyed by Governor Green and Maui Mayor Bissen. The profile of that person has been described as 87% were renters and paid approximately $1800/month for one-bedroom accommodations. Recent long-term rentals in Kaanapali Royal are at a rate of approximately $6000/month. Further, Kaanapali Royal does not offer assigned parking, does not offer private garages/carports and has limited storage space.
To compound the situation in West Maui further, domestic air travel to Maui is down 50% from last year. This is likely due to the uncertainty and mixed messaging that vacationers are receiving from the Governor of Hawaii and Mayor of Maui regarding the ban on STRs.
Protect Kaanapali Royal and Kaanapali Beach Resort (KBR) as a whole, from the proposed ban on STRs for the following reasons:
1. Protecting Kaanapali is consistent with legislation passed in Kauai in 2009 that zoned Visitor Destination Areas (VDAs) which allow STRs.
2. STRs within VDAs on Maui generate a large percentage of revenue from TAT which is needed to rebuild Lahaina and to build new affordable housing.
3. STRs within the Kaanapali Beach Resort VDA do not meet the Governor’s & Mayor’s objective to provide “affordable” housing to displaced Lahaina fire victims. In a press release & article published by the Star Advertiser on May 2, 2024, Maui Mayor Richard Bissen said, “It is important to note that most, if not all of these, TVRs impacted by this legislation were previously built and designed for workforce housing in West Maui and our goal is to return them to their intended purpose.” Kaanapali Royal was not designed or built as workforce housing.
4. Enforcing the ban on STRs within resort areas will cause a large inventory of condos zoned as A1/A2 (apartment) to be placed on the market. Low demand for these units due to uncertainty over the situation will drive home values lower. Property taxes will decline as a result.
5. Local employees that support STVs such as property management teams, housekeeping, and maintenance personnel will lose their jobs.
6. Original zoning documents for Kaanapali Royal complex dating back to 1978-1980, show that the project was designated as short-term vacation rental.
Protect and preserve the original intent of Kaanapali Beach Resort as it was master planned over 50 years ago. Continue to attract tourists to a world class resort which was never intended to be offered as “affordable” housing for the workforce population of Maui. Per the Maui Economic Development Board (MEDB) website, 70% of Maui County revenue comes from tourism. A “win-win” for both sides of the arguments for and against Bill 9 is to re-zone Maui like what was accomplished with Kauai Bill 2298 where areas such as Kaanapali Beach are zoned as “Visitor Designated Area” (VDA.) This approach will support the tourism industry, provide jobs for local residents and provide TAT taxes to rebuild affordable housing and schools. Housing in VDAs is generally not affordable and was designed for short term needs (no garages, no assigned parking, high HOA fees, limited storage).
All of the uncertainty, risk and proposed ban on STRs has caused the inventory of condos listed for sale in West Maui to increase significantly in comparison to last year. We respectfully ask to stop the uncertainty and take time to re-zone Maui similar to legislation passed in Kauai so that a balance can be reached.