HLU-4 Bill 9 (2025) BILL 9 (2025), AMENDING CHAPTERS 19.12, 19.32, AND 19.37, MAUI COUNTY CODE, RELATING TO TRANSIENT VACATION RENTALS IN APARTMENT DISTRICTS (HLU-4)
My name is Chris Bouza and my wife and I have owned and rented out our home at the Papakea since 2018. In that time we have had over 250 separate families stay in our unit, spending money at local restaurants, grocery stores, shops, and excursions.
We have spent money to support local furniture stores, plumbing, HVAC, paint, and contractors while fixing up our unit during renovations and updates.
We have been strong proponents of travel to Maui and love the island. I proposed to my wife on Kapalua Beach. We have supported local businesses on all of our own trips as well.
We are very aware of the devastating damage done to the local community and lives of those residing there via the Lahaina fires. We donated to the food bank and look for new ways each trip to spread our own aloha.
The Papakea resort itself lies in the Condo-Hotel space, as it was when I secured my home loan. The value of this residence has gone up so that it seems unlikely it could be used as housing due to the oceanfront location.
I politely request that Papakea be removed from this bill if it must ultimately pass as is. I believe and all completed studies dictate that the STR ban would cause severe downturn to the Maui economy.
There are 10's of thousands of voters who oppose Bill 9 and are not speaking up. The noisy minority are the ones advocating for Bill 9.
Bill 9, if enacted and Minatoya list canceled or modifies, will decimate our economy and throw the County into a LITIGATION nightmare.
WHAT WILL HAPPEN TO EXISTING LONG TERM CONDOS IF HIGH MAKA VACATION CONDOS FORBID SHORT TERM RENTAL??? IT WILL TURN THEM INTO GHOST COMPLEX WITH HUNDREDS OF UNIT OWNERS MAILING YOU THEIR KEYS BECAUSE THEY CANNOT RENT THEIR UNIT FOR THE AMOUINT OF PROPERTY TAX AND HOA PAYMENT......NOT TO MENTION THE MORTGAGE PAYMENT!!!!
There are many examples of this scenario all over our island. What about all the HUGE new affordable apartments you allowed below Safeway in Kihei and near Foodland in Wailuku??? THEY WILL BECOME USELESS GHOST BUILDINGS BECUASE THERE WILL BE A GLUT OF LONG TERM RENTALS ON THE MARKET AND SOOOOO MUCH LESS WORK TO GO AROUND FOR OUR ISLAND POPULATION.
Canceling or modifying the Minatoya list will TURN MAUI INTO A 2ND RATE ECONOMIC DISASTER, THOUSANDS OF LOCAL PEOPLE WILL NEED TO MOVE OFF ISLAND FOR WORK AND LAWSUITS WILL INNUDATE THE COUNTY BASED ON THE 5TH and 14TH AMENDMENT OF THE US CONSTITUTION "REGULATORY TAKING AND DENIAL OF PROPERTY RIGHTS" - look it up chatgpt.
This is all being pushed by back room payoffs to Bissen and others by the Hotels in the name of helping the little guy- bullsnot. Big business CORRUPTION to SQUEEZE OUT the little guy is what is being attempted here.
My name is Cara Birkholz. I am a Maui resident, together with my husband and three sons. I run a small local business that has been severely impacted by the recent drop in tourism. I have significant concerns about Bill 9. I believe that the possibility of its passage with enforcement dates of July 1, 2025 for West Maui and January 1, 2026 for South Maui created a lot of uncertainty and has already affected tourism, my business, and my ability to support my family. I realize that the bill has been amended to delay enforcement, but I am very concerned that, even with this delay, tourism will drop further if the current version of Bill 9 is enacted, particularly given the current volatility of the economy.
Moreover, I am President of the Board of Directors for The Palms at Wailea, a condominium complex developed in the 1980s within the Wailea Resort Community. I write to you today as both a resident of Maui and as the President of the Board of Directors for The Palms at Wailea.
Specifically, I write to request that The Palms at Wailea be exempted from Bill 9 because, as set forth in the original documents filed with, and accepted by, the County of Maui and State of Hawaii, The Palms at Wailea was originally intended for short-term rental use and has always been primarily used for short-term rentals. In fact, a separate, deeded commercial unit was created at its inception to serve as a concierge and front desk space for The Palms at Wailea. That commercial unit has been owned and staffed by Outrigger Resorts and Hotels, a full-service hospitality and resort management company, since the property was developed.
1 - The 1989 Declaration and Condominium Public Report both demonstrate the original intent for units at The Palms at Wailea to be used for short-term vacation rentals.
Declaration Submitting Property to the Condominium Property Regime, accepted and recorded by Maui County’s Land Court, July 11, 1989.
Section 8(a) “The apartments in the residential buildings of the Project shall be occupied and used only for permanent or temporary residential purposes and for transient vacation rental purposes” (emphasis added).
Condominium Public Report on The Palms at Wailea, Hawaii Real Estate Commission, DCCA, issued December 29, 1989.
Exhibit “M,” section 4, p. 46: “The Palms at Wailea Condominium Project will consist of 152 units, of which 150 will be used for residential purposes, and two (2) will be used for commercial purposes. The apartments used for residential purposes shall be occupied and used only for permanent or temporary residential purposes and for transient vacation rental purposes” (emphasis added).
Clearly, The Palms at Wailea was intended for and has, in fact, continuously offered short-term rentals since its inception. Of the 150 residential units, 145 units (96.67%) are currently classified as short-term vacation rentals, while three are owner-occupied and two are offered as long-term rentals. In contrast, the adjacent sister property of The Palms at Wailea, known as Wailea Palms and located at 3150 Wailea Alanui Drive, was expressly built for long-term housing, which is unchanged to this day. Further, the sister property Wailea Palms was not designed with and does not have a front desk or other ‘condotel’ characteristics, which further supports the different intended uses of these sister properties.
Since the intended and actual use of The Palms at Wailea for short-term vacation rentals, we submit that The Palms at Wailea should be permitted to continue to offer short-term vacation rentals and should be exempted from Bill 9.
2 - The Palms at Wailea front desk is owned and operated by Outrigger Resorts and Hotels, providing advance and walk-up bookings and guest services.
Outrigger Resorts and Hotels owns a commercial space located in the lobby of The Palms at Wailea, which it purchased directly from the developer in the 1990s for use as a front desk. Outrigger Resorts and Hotels manages this front desk as a hotel front desk, offering the public the ability to rent a room on the spot. Outrigger Resorts and Hotels also provides on-site guest services through its front desk, including various amenities, as well as property management services.
Outrigger Resorts and Hotels is a well-recognized hotel and hospitality company in Hawaii and on Maui. Since at least as early as 2005, the Maui Visitors Bureau website listed The Palms at Wailea property as “Outrigger Palms at Wailea,” evidencing the property’s long association with Outrigger Resorts and Hotels, which continues today.
We submit that the availability of resort amenities through an onsite staffed front desk is further support that The Palms at Wailea should be permitted to continue to offer short-term vacation rentals as it has always done, and that it should be exempted from Bill 9.
3 – The Palms at Wailea is located within a planned resort destination area.
While Maui County Code does not define “resort,” the code identifies Wailea as a “planned resort destination area,” along with Ka'anapali, Kapalua, and Makena. MCC Sec. 2.80B.020. It further states that a planned resort destination area is “intended as a major tourist destination area, consistent with the general and community plans.” Id.
Permitting The Palms at Wailea to continue to offer short-term vacation rentals is consistent with Wailea’s status as a planned resort destination area because the property is located within Wailea, it looks like and feels like a resort property with significant landscaped green space and a water feature (spread over 16+ acres), and it offers onsite resort amenities. Exempting The Palms at Wailea from Bill 9 preserves the diverse lodging options currently available in the Wailea resort area to meet visitor demand. Concentrating visitor lodging in the Wailea resort area, including at The Palms at Wailea, should help limit the impacts of tourism on residential neighborhoods outside the resort area.
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Exempting The Palms at Wailea from Bill 9 is consistent with the long-standing use of The Palms at Wailea for short-term vacation rentals, its fully staffed front desk and guest services offered by Outrigger Resorts and Hotels, third-party recognition of The Palms at Wailea as a hotel-like property, and the original intent that it be used for transient vacation rentals, as evidenced by its original declaration filed with and accepted by the County and State.
Thank you for the opportunity to comment on Bill 9 and for your consideration of this request to exclude The Palms at Wailea from Bill 9. If there is any additional information we can provide, or questions we can answer concerning this request, please advise.
Respectfully submitted,
Cara Birkholz
President, Board of Directors at The Palms at Wailea
My name is Cherie Melka and I own a short-term rental property at the Kapalua Resort in Maui County. I am writing today to express my concern and very strong opposition to the proposed legislation to phase out the more than 7,000 vacation rentals. I believe that this body should be very selective in choosing which properties are being used to provide housing for our Maui people.
Our history on Maui runs over 20 years faithful with visiting the island with our family and friends before we decided to purchase in 2022. Coming from California, we are no strangers to wildfires, having lost our vineyard and two buildings in the Glass Fire of 2020. We know what displaced people are forced to endure to rebuild their lives and homes. Eliminating short term rentals is not going to create housing for these victims, but rather eliminate much needed income from tourism that is vital to the Maui economy.
Our purchase of this unit at the Kapalua Resort was so that we could travel more often to Maui, and, additionally, provide a rental option for families that come to Maui to make memories of their own and prefer having the opportunity to cook meals as opposed to be in an expensive hotel. Having a short-term rental allows us to employ the locals for cleaners, maintenance, and property managers, not to mention the money we put into the economy with our stays – eating at local restaurants, buying new items for our unit, etc. . . As an owner, we’ve been faced with huge maintenance costs, special tax assessments and huge increases to insurance premiums post fire. The Kapalua Resort was never intended to be used for workforce housing. The residences have very little storage space, prohibit pets and therefore are counter-intuitive to a long term housing solution.
The proposed legislation will result in huge loses for island income, loss of jobs and I believe would be a deterrent and ultimately be the reason Maui people would leave the island to seek economic stability elsewhere. I urge the Council to find a more balanced solution that protects local jobs and supports the economy. I respectfully request that the Kapaula Resort be excluded from any STR ban.
scape·goat
noun
1. a person who is blamed for the wrongdoings, mistakes, or faults of others, especially for reasons of expediency.
Human history is littered with examples of how a scapegoat is used for/to the advantage of another group. Gays, Jews, immigrants, "witches"etc.
My name is John Spellman, and my wife and I have owned a short-term rental property in Maui for 14 years. I am writing today to express my deep concern and strong opposition to the proposed legislation to phase out more than 7000 vacation rentals.
My wife and I have worked very hard these past 14 years to provide a welcoming environment to our guests when they are staying at our condo. We provide extensive information on restaurants, beaches, and things to do in beautiful Maui. We typically visit our condo 3-4 times each year, usually for a month at a time. Through our times on Maui, we have developed a lot of info and recommendations for our guests to use as they support local Maui businesses. We have gotten to know many of our guests who make regular trips to Maui each year. They share the same feelings we have on how Maui is our "special place". Many have expressed concerns over the proposed legislation and worry about having a place to stay when they visit Maui.
Our condo is maintained by many different services - housekeeping, maintenance, etc. We have gotten to know many of these hard working people over the years. If the short-term rental ban were implemented, our concern would be that these dedicated, hard working people would lose their jobs. We feel the ban would have a very negative impact on the future of Maui.
We urge the Council to work with owners like us to find a fair, balanced path forward - one that supports the economy and holds short-term rental owners like us to high standards, instead of just phasing us out completely. We are very opposed to the short-term rental ban.
Aloha, my name is David and I work as an accountant for a property management company in Kahului that provides services relating to GE & TA taxation to STR owners. I wish to express opposition to this bill as it would dramatically reduce the county's tax revenues. Not just the GE tax, the TA tax and the property tax, but also all the other taxes derived from services maintaining these units. The tax revenues garnered by the county is admittedly significant, and the continued stream of tax revenue can easily fund more affordable housing to the residents. Removing 7000 units from this tax pool is NOT the smartest or even on a legal standpoint, an ethical action.
I therefore ask the county to defer this bill entirely.
My name is Magdalena ODonnell and as a full-time resident of Maui and employee of a short-term rental management company, I’m here to express my strong OPPOSITION to the legislation proposing the phase-out of over 7,000 short-term rentals. On August 1st, 2023, my husband and I achieved our dream by purchasing a short-term rental vacation business. We envisioned a bright future and were eager to contribute to the local economy by providing employment opportunities for local residents. Unfortunately, since the fire, we have experienced significant hardship and loss. As a young family with two newborns and no income, we have struggled to cover our expenses and provide sufficient work for our employees.
Our business depends on the tourists who choose to stay in the properties we manage. We employ a diverse team, including cleaners, inspectors, reservationists, landscapers, and many more. If short-term rentals are phased out, our employees will lose their jobs. Our small company managing less than a dozen rentals helps provide livelihoods for 4 different families that all live here. So many in our community will not be able to afford housing if we all lose our jobs. This business is our livelihood, and the proposed legislation would be devastating not only for us but for our entire community.
I kindly ask the commission to reconsider this legislation and explore alternative solutions for affordable housing. Phasing out 7,000 short-term rentals would severely impact local businesses and livelihoods here on Maui. Many residents, faced with a lack of job opportunities and potential bankruptcy, would be forced to move off-island, further harming our community. Additionally, eliminating these short-term rentals will not solve Maui's urgent need for affordable long-term housing. High HOA fees and additional special assessments make these units financially unviable as long-term rentals. Taking our jobs is taking this communities last chance to keep up with the rising costs of the country. Taking out properties on the Minatoya list, would not only hurt small businesses like ours but also have a negative ripple effect on whole local economy. Visitors who stay in vacation rentals support neighborhood restaurants, bars, shops, and activities, contributing to the overall economic health of our community.
Thank you for taking the time to consider my perspective. I kindly ask to find a balanced approach that addresses the need for affordable housing without devastating our local economy and the livelihoods of so many. Our community needs to be taken care of as a whole, not destroying half the lives to benefit the other half.
Sincerely, Magdalena ODonnell
I own property in Kihei. You are going to put a lot of maintence people out of work for a fire that was caused by politicians, Maui County employees, and the power company. Oh well, the unemployed can always move to the Mainland for work after you drive them out,
Dear Chair Kama, Vice Chair Uʻu-Hodgins and Members of the Housing and Land Use Committee
Bill 9 will bring economic ruin to Kihei and Maui, thus I strongly oppose this bill!. There have been many economic studies around the loss of income and jobs. Your own UHERO study puts it bluntly:
Here’s the conservative Uhero estimates of damage:
– 💸 $900 million in lost visitor spending
– 🏡 $60 million less in property tax revenue
– 🍽️ 20% drop in restaurant revenue
Bill will devastate the Mom and Pop businesses and strain Maui finances for essential services. Why would one be so blinded by the economic calamity that this will bring? Many of the businesses and restaurants will go out of business in Kihei. So much economic destruction and so many people put out of business for so little gain. Mayor Bissen touts this is all in the name of affordable housing but yet it's being reported that only 8% of the Minatoya properties will be willing to convert to long term housing. Why will most not long term rent? Because Hawaii has one of the worst landlord protection laws in the country. It would be almost impossible to evict anyone if they don't pay the rent or are disruptive tenants.
Now for those that will rent long term the only way possible if the rent is subsidized as HOA fees run on average $900 to $1600 a month plus yearly assessments. HOA fees on top of mortgages and insurance means most carrying costs are $4500-$6000. Special Assessments have been yearly and run $1-$3k a year. It has been reported in all the economic papers that the average income household in Maui is $90k a year which would equate to the max of $2500 one would have to spend on rent or a mortgage. There is no way an owner of any of these condos are going to subsidize the difference. And if one is forced to sell….who wins? Those who want a second home in Maui! What kills me is Maui Government had many many years to build affordable housing and neglected doing so…So what is the easy fix? Going after someone else's property. SHAMEFUL! Majority of the Minatoya condos have been allowed and codified into law to STR for close to 40 years! Our condo in the Maui Vista complex was built specifically for vacation rentals. IT says so in our Horizontal Regime and in fact was ran by Aston Vacation Rentals back in the 1980s and 1990s as a vacation destination. We have the marketing brochure that they used to advertise Maui Vista as a vacation tourist destination. The front desk used to check in and be there for a resource to guests is still there to this day.
Bill 9 is being touted as a need for emergency housing yet a 5 year amortization period will be given. Wouldn't it better for an emergency to just build housing now? I understand Maui needs affordable housing. Housing costs have gone up drastically everywhere and most states are building to accommodate. Maui can build its way out of this. But the way it is being handled really leads me to believe it is more about either wanting 1. less tourists or 2.the hotels here on island trying to push competition out. And once again the mom and pops of this world get the shaft. What is so sad is most tourists DO NOT WANT TO STAY IN A HOTEL and they won't.. They will go somewhere else like Costa Rica or the Bahamas. This will be devastating to Maui which tourism makes up .70 cents on the dollar.
In closing I am worried what will happen to the people I have worked with for many years. This will devastate them and I am sure they will have to leave the island. Kihei will become like any other city in the US that has had its economic life blood taken away and poverty will reign!
Please vote no on Bill 9. The only winner are the Hotels.
My name is Ron Auth and I oppose Bill 9 and respectfully request that the Papakea Resort be exempted. Papakea is zoned H2/A2 and has been operating short term rentals for fifty years. It has never been a property that converted from workforce to transient vacation rental. The Papakea Resort property tax assessment class is Hotel/Resort. In the past five years they have paid $16,902,298 in real property taxes. They have full-time staff and operate a front desk daily with long hours. The guests at Papakea support local retail and restaurant businesses as well enjoy all park and sporting activities that Maui has to offer. These things generate big revenue to Maui resident entrepreneurs who own and operate these businesses. Thank you for your time and consideration of my opposition.
I am strongly against changing the rental program at Papakea. It is obvious by the data the short term rentals provide much needed money to the West Maui community. Not only does it bring in money to the stores, activities provided and restaurants, it provides employment for all the housekeepers, gardeners, service people, and office staff, as well as many others. Please do not change the rental program at Papakea.
Gail Costello Owner A305 Papakea
The proposal to limit short term rentals doesn't make sense. I my case in particular we have a condo we rent out which is only 600 sq feet. This would not be very good for a long term rental. In addition the monthly fees are over $900 which also doesn't make sense for a long term rental or ownership. Coop
For purposes of protecting my identity against harassment from members of Lahaina Strong, as last time I divulged my name one of their members stalked my social media and threatened to show up to my home and assault me. I am submitting this testimony in strong opposition to the proposed bill aimed at phasing out short-term vacation rentals (STRs) in Maui County.
While I share the concern over the very real housing crisis facing local families, I firmly believe that this bill takes the wrong approach and will have substantial long term unintended and damaging consequences for both the entire Island, it's local community and economy.
Short-term rentals on the Minatoya List are not the root cause of Maui’s housing shortage. The reality is far more complex, involving years of underbuilding, zoning restrictions, high construction costs, permit red tape and limited infrastructure. Eliminating STRs will not suddenly make these units affordable for local families or are suitable for long-term residents—many were never designed or permitted for that use. Many are junior one bedroom units of 550+ square feet and one allocated parking space.
This bill threatens to eliminate a vital part of Maui's visitor/tourist industry—one that provides livelihoods for thousands of local residents including property managers, cleaners, landscapers, maintenance professionals, and others who depend on STRs to support their families. This kind of broad removal will destabilize small businesses and increase unemployment, with no guaranteed improvement in housing availability or affordability. Minatoya List STR's provide an affordable option for people looking to visit the island. If you visit a Westside Hotel such as The Westin Nanea Ocean Villas, the price per night stay is roughly $850+, with STR per night prices ranging from $99 to $250 per night. a substantial drop in lodging expense which allows these visitors to spend their money on local restaurants and establishments not within the property footprint of these huge hotels.
Instead of targeting legally operating vacation rentals, we should be working together to expand affordable housing through responsible development, a fast-tracked permitting process for workforce housing, and incentives for long-term rentals. Enforcement should focus on illegal operators, not law-abiding property owners who contribute to our local economy and pay taxes.
We need real solutions that address the root causes of the crisis, which is the lack of accountability from the local government to get homes built—not reactive policies that displace jobs and harm small businesses under the assumption of quick fixes.
I urge you to vote no on this bill and to engage with the community to craft more balanced, transparent data-driven solutions that can truly address Maui’s housing challenges without sacrificing livelihoods.
31720 Blue Meadow Lane, Westlake Village, CA 91361
kauth@sbcglobal.net, 818-889-3432
June 6, 2025
Dear Chair Kama, Vice Chair U’uHodgins, and Members of the Housing and Land Use Committee:
Clearly and primarily, we extend our deepest and heartfelt sympathies to those who lost loved ones, homes, and businesses in the devastating Lahaina fire. We understand and sympathize with their unimaginable plight.
However, our purpose in contacting you today is to propose that you amend Bill 9 to exclude Papakea Resort.
For decades, Maui County and the State of Hawaii have identified Papakea as a resort. Owners purchased with expectations for short-term rentals based on legal ordinances. Papakea has had STR occupancy since its inception and has been in operation for fifty years. It has never been workforce housing, so Papakea is not an example of a property that converted from workforce to transient vacation rental. The majority of units are less than 600 sq. ft. with limited storage and parking.
Papakea assessment tax class is Hotel/Resort. Its zoning is H2/A2.
The resort runs a large front desk check-in/out full-time operation along with concierge services and other guest amenities. The property is not in a residential neighborhood. It’s located adjacent to multiple commercially zoned properties, K Shores, and other prominent condo/ hotels and hotels along the beach to Whaler’s Village.
Papakea is a significant economic driver and employer on West Maui. In the last five years, they’ve paid $16,902,298 in real property taxes and $3,100,000 in real wages. There is a full-time, on-site staff. The resort supports 161 housekeepers, 26 handy persons, and 30 rental companies. They are currently undergoing an interior pipe renovation project at a cost of $32,000,000 financed by Hawaii financial institutions. Local Hawaii contractors are working on this job.
Papakea maintenance dues are from $1,096 to $2,739 per month depending on unit size.
The guests at Papakea Resort support local retail businesses, restaurants, and all the various activities that Maui has to offer. This support provides tremendous financial stability and income to these businesses owned and operated by Maui residents.
In closing, please know that I appreciate the work you’re doing and hope you will give serious consideration to my request by amending Bill 9 and exempting Papakea Resort. Thank you.
We have owned our Maui Home at the Kaanapali Royal for over 38 years. When we are not staying on the Island we rent it out short term, generating income to help pay our extremely high AOA fees of over $1,600.00 a month and our property taxes of over $1,500.00 a month. Since this is our second home, we will NOT be renting our unit on a long term basis if short term rentals are not allowed. We will simply keep it empty, resulting in tens of thousands of dollars of lost revenue to Maui in property and occupancy taxes and tourist revenue. Our guest will NOT be staying in hotels since they do not economically accommodate families nor do they provide kitchen facilities. To claim that our unit will provide affordable house if STR is terminated is a farce. Very few locals can afford to pay over $1,600,000.00 for our unit and be able to pay the AOA fees and taxes, mot to mention the debt service on a 1.6 million dollars mortgage. The Mayor says we should seek rezoning to Hotel as an option, however this would cost over $500,000.00 and would take 3-5 years. During that time Maui will suffer significant loss of tourist revenue and tax dollars, assuming that rezoning actually occurs. The blanket termination of short term rentals is nothing more that a political appeasement that will greatly effect our fellow Maui residents. It will not do ANYTHING to solve the affordable housing shortage that has been created by Maui's failure to address this issue, although it has promised to do so for decades. Look what Whistler, Canada and Vail, Colorado have done to deal with issue and other resort venues. They have provided affordable housing to their residence by actually dong something about it. The lack of political leadership in Maui is appalling. It is all about making promises to get elected and then doing nothing or coming up with ideas that are ridiculous. To terminate STL is REDICULOUS. It will only harm our fellow Maui residences.
Gregg Leitz
Owner, Papakea Unit C105
Lahaina, HI 96761
Re: Opposition to Bill 9
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.
Background on Papakea
• 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. It 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.
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; some 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.
Individual Owner Contributions to the Community
• 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 nd cultural efforts.
I would like to thank the committee for the opportunity to comment.
Sincerely,
Gregg Leitz
3543 Lower Honoapiilani Road, Apartment C105
Maui County Council
200 South High Street
Wailuku, HI 96793
RE: Opposition to Bill 9 – Phasing Out Legal Short-Term Rentals
Aloha Honorable Councilmembers,
My name is Kristin Sayn, and I am writing to you today not only as a lawful short-term rental owner but as a woman who has built a deep and lasting connection to the people and spirit of Maui. I respectfully urge you to reconsider the far-reaching implications of Bill 9.
My family and I purchased a permitted short-term rental in Maui because of our genuine love for this island—its culture, its people, and its breathtaking beauty. From our very first visit, we were welcomed with warmth and kindness. We chose to invest here not to exploit, but to contribute—to be part of something bigger than ourselves. Our STR is more than a property; it’s a bridge that brings respectful visitors into the heart of this community while supporting local livelihoods.
We employ local professionals—cleaners, handymen, landscapers—and refer our guests to local businesses. Our guests spend money at Maui-owned restaurants, shops, tour companies, and farmer’s markets. These businesses aren’t chains or faceless corporations—they’re neighbors, mothers, fathers, and kūpuna trying to make a living in one of the most expensive places in the country.
Eliminating thousands of STRs will ripple through the economy, and the harm won’t be abstract—it will land squarely on the shoulders of working families. Studies have shown Maui could lose nearly $1 billion in visitor spending, thousands of jobs, and over $90 million in annual tax revenue. This is not the path to economic resilience.
I understand and support the goal of creating more housing for Maui residents, but Bill 9 does not offer a realistic or thoughtful solution. Many STRs are not suitable for long-term occupancy by local families due to zoning, location, or affordability. This bill would remove vital economic infrastructure without any guarantee of positive housing outcomes.
Please don’t mistake legal STR owners like myself for those who operate illegally or irresponsibly. We have followed every rule, paid every tax, and shown nothing but aloha for the community. We are willing to be part of the solution—but we cannot support a policy that threatens the very economy and culture we came here to honor.
As a woman, a mother, and someone who deeply values community, I ask you to lead with wisdom and balance. Let’s work together to protect housing and the local economy. Let’s create solutions that reflect the true spirit of Maui—kuleana, aloha, and community.
Mahalo for your time, your service, and your open mind.
With deep respect,
Kristin Sayn
STR Napili Ridge
Lahaina Hi K16
ksayn@me.com
Aloha,
My name is Chris Bouza and my wife and I have owned and rented out our home at the Papakea since 2018. In that time we have had over 250 separate families stay in our unit, spending money at local restaurants, grocery stores, shops, and excursions.
We have spent money to support local furniture stores, plumbing, HVAC, paint, and contractors while fixing up our unit during renovations and updates.
We have been strong proponents of travel to Maui and love the island. I proposed to my wife on Kapalua Beach. We have supported local businesses on all of our own trips as well.
We are very aware of the devastating damage done to the local community and lives of those residing there via the Lahaina fires. We donated to the food bank and look for new ways each trip to spread our own aloha.
The Papakea resort itself lies in the Condo-Hotel space, as it was when I secured my home loan. The value of this residence has gone up so that it seems unlikely it could be used as housing due to the oceanfront location.
I politely request that Papakea be removed from this bill if it must ultimately pass as is. I believe and all completed studies dictate that the STR ban would cause severe downturn to the Maui economy.
Please and thank you.
Mahalo,
Chris
There are 10's of thousands of voters who oppose Bill 9 and are not speaking up. The noisy minority are the ones advocating for Bill 9.
Bill 9, if enacted and Minatoya list canceled or modifies, will decimate our economy and throw the County into a LITIGATION nightmare.
WHAT WILL HAPPEN TO EXISTING LONG TERM CONDOS IF HIGH MAKA VACATION CONDOS FORBID SHORT TERM RENTAL??? IT WILL TURN THEM INTO GHOST COMPLEX WITH HUNDREDS OF UNIT OWNERS MAILING YOU THEIR KEYS BECAUSE THEY CANNOT RENT THEIR UNIT FOR THE AMOUINT OF PROPERTY TAX AND HOA PAYMENT......NOT TO MENTION THE MORTGAGE PAYMENT!!!!
There are many examples of this scenario all over our island. What about all the HUGE new affordable apartments you allowed below Safeway in Kihei and near Foodland in Wailuku??? THEY WILL BECOME USELESS GHOST BUILDINGS BECUASE THERE WILL BE A GLUT OF LONG TERM RENTALS ON THE MARKET AND SOOOOO MUCH LESS WORK TO GO AROUND FOR OUR ISLAND POPULATION.
Canceling or modifying the Minatoya list will TURN MAUI INTO A 2ND RATE ECONOMIC DISASTER, THOUSANDS OF LOCAL PEOPLE WILL NEED TO MOVE OFF ISLAND FOR WORK AND LAWSUITS WILL INNUDATE THE COUNTY BASED ON THE 5TH and 14TH AMENDMENT OF THE US CONSTITUTION "REGULATORY TAKING AND DENIAL OF PROPERTY RIGHTS" - look it up chatgpt.
This is all being pushed by back room payoffs to Bissen and others by the Hotels in the name of helping the little guy- bullsnot. Big business CORRUPTION to SQUEEZE OUT the little guy is what is being attempted here.
Dear Chair, Vice Chair, and Committee Members,
My name is Cara Birkholz. I am a Maui resident, together with my husband and three sons. I run a small local business that has been severely impacted by the recent drop in tourism. I have significant concerns about Bill 9. I believe that the possibility of its passage with enforcement dates of July 1, 2025 for West Maui and January 1, 2026 for South Maui created a lot of uncertainty and has already affected tourism, my business, and my ability to support my family. I realize that the bill has been amended to delay enforcement, but I am very concerned that, even with this delay, tourism will drop further if the current version of Bill 9 is enacted, particularly given the current volatility of the economy.
Moreover, I am President of the Board of Directors for The Palms at Wailea, a condominium complex developed in the 1980s within the Wailea Resort Community. I write to you today as both a resident of Maui and as the President of the Board of Directors for The Palms at Wailea.
Specifically, I write to request that The Palms at Wailea be exempted from Bill 9 because, as set forth in the original documents filed with, and accepted by, the County of Maui and State of Hawaii, The Palms at Wailea was originally intended for short-term rental use and has always been primarily used for short-term rentals. In fact, a separate, deeded commercial unit was created at its inception to serve as a concierge and front desk space for The Palms at Wailea. That commercial unit has been owned and staffed by Outrigger Resorts and Hotels, a full-service hospitality and resort management company, since the property was developed.
1 - The 1989 Declaration and Condominium Public Report both demonstrate the original intent for units at The Palms at Wailea to be used for short-term vacation rentals.
Declaration Submitting Property to the Condominium Property Regime, accepted and recorded by Maui County’s Land Court, July 11, 1989.
Section 8(a) “The apartments in the residential buildings of the Project shall be occupied and used only for permanent or temporary residential purposes and for transient vacation rental purposes” (emphasis added).
Condominium Public Report on The Palms at Wailea, Hawaii Real Estate Commission, DCCA, issued December 29, 1989.
Exhibit “M,” section 4, p. 46: “The Palms at Wailea Condominium Project will consist of 152 units, of which 150 will be used for residential purposes, and two (2) will be used for commercial purposes. The apartments used for residential purposes shall be occupied and used only for permanent or temporary residential purposes and for transient vacation rental purposes” (emphasis added).
Clearly, The Palms at Wailea was intended for and has, in fact, continuously offered short-term rentals since its inception. Of the 150 residential units, 145 units (96.67%) are currently classified as short-term vacation rentals, while three are owner-occupied and two are offered as long-term rentals. In contrast, the adjacent sister property of The Palms at Wailea, known as Wailea Palms and located at 3150 Wailea Alanui Drive, was expressly built for long-term housing, which is unchanged to this day. Further, the sister property Wailea Palms was not designed with and does not have a front desk or other ‘condotel’ characteristics, which further supports the different intended uses of these sister properties.
Since the intended and actual use of The Palms at Wailea for short-term vacation rentals, we submit that The Palms at Wailea should be permitted to continue to offer short-term vacation rentals and should be exempted from Bill 9.
2 - The Palms at Wailea front desk is owned and operated by Outrigger Resorts and Hotels, providing advance and walk-up bookings and guest services.
Outrigger Resorts and Hotels owns a commercial space located in the lobby of The Palms at Wailea, which it purchased directly from the developer in the 1990s for use as a front desk. Outrigger Resorts and Hotels manages this front desk as a hotel front desk, offering the public the ability to rent a room on the spot. Outrigger Resorts and Hotels also provides on-site guest services through its front desk, including various amenities, as well as property management services.
Outrigger Resorts and Hotels is a well-recognized hotel and hospitality company in Hawaii and on Maui. Since at least as early as 2005, the Maui Visitors Bureau website listed The Palms at Wailea property as “Outrigger Palms at Wailea,” evidencing the property’s long association with Outrigger Resorts and Hotels, which continues today.
We submit that the availability of resort amenities through an onsite staffed front desk is further support that The Palms at Wailea should be permitted to continue to offer short-term vacation rentals as it has always done, and that it should be exempted from Bill 9.
3 – The Palms at Wailea is located within a planned resort destination area.
While Maui County Code does not define “resort,” the code identifies Wailea as a “planned resort destination area,” along with Ka'anapali, Kapalua, and Makena. MCC Sec. 2.80B.020. It further states that a planned resort destination area is “intended as a major tourist destination area, consistent with the general and community plans.” Id.
Permitting The Palms at Wailea to continue to offer short-term vacation rentals is consistent with Wailea’s status as a planned resort destination area because the property is located within Wailea, it looks like and feels like a resort property with significant landscaped green space and a water feature (spread over 16+ acres), and it offers onsite resort amenities. Exempting The Palms at Wailea from Bill 9 preserves the diverse lodging options currently available in the Wailea resort area to meet visitor demand. Concentrating visitor lodging in the Wailea resort area, including at The Palms at Wailea, should help limit the impacts of tourism on residential neighborhoods outside the resort area.
*****
Exempting The Palms at Wailea from Bill 9 is consistent with the long-standing use of The Palms at Wailea for short-term vacation rentals, its fully staffed front desk and guest services offered by Outrigger Resorts and Hotels, third-party recognition of The Palms at Wailea as a hotel-like property, and the original intent that it be used for transient vacation rentals, as evidenced by its original declaration filed with and accepted by the County and State.
Thank you for the opportunity to comment on Bill 9 and for your consideration of this request to exclude The Palms at Wailea from Bill 9. If there is any additional information we can provide, or questions we can answer concerning this request, please advise.
Respectfully submitted,
Cara Birkholz
President, Board of Directors at The Palms at Wailea
Aloha Chair, Vice Chair and Committee Members,
My name is Cherie Melka and I own a short-term rental property at the Kapalua Resort in Maui County. I am writing today to express my concern and very strong opposition to the proposed legislation to phase out the more than 7,000 vacation rentals. I believe that this body should be very selective in choosing which properties are being used to provide housing for our Maui people.
Our history on Maui runs over 20 years faithful with visiting the island with our family and friends before we decided to purchase in 2022. Coming from California, we are no strangers to wildfires, having lost our vineyard and two buildings in the Glass Fire of 2020. We know what displaced people are forced to endure to rebuild their lives and homes. Eliminating short term rentals is not going to create housing for these victims, but rather eliminate much needed income from tourism that is vital to the Maui economy.
Our purchase of this unit at the Kapalua Resort was so that we could travel more often to Maui, and, additionally, provide a rental option for families that come to Maui to make memories of their own and prefer having the opportunity to cook meals as opposed to be in an expensive hotel. Having a short-term rental allows us to employ the locals for cleaners, maintenance, and property managers, not to mention the money we put into the economy with our stays – eating at local restaurants, buying new items for our unit, etc. . . As an owner, we’ve been faced with huge maintenance costs, special tax assessments and huge increases to insurance premiums post fire. The Kapalua Resort was never intended to be used for workforce housing. The residences have very little storage space, prohibit pets and therefore are counter-intuitive to a long term housing solution.
The proposed legislation will result in huge loses for island income, loss of jobs and I believe would be a deterrent and ultimately be the reason Maui people would leave the island to seek economic stability elsewhere. I urge the Council to find a more balanced solution that protects local jobs and supports the economy. I respectfully request that the Kapaula Resort be excluded from any STR ban.
Mahalo for your consideration.
Cherie Melka
Cherie@melkaestates.com
707-695-7687
scape·goat
noun
1. a person who is blamed for the wrongdoings, mistakes, or faults of others, especially for reasons of expediency.
Human history is littered with examples of how a scapegoat is used for/to the advantage of another group. Gays, Jews, immigrants, "witches"etc.
Aloha Chair, Vice Chair, and Committee Members:
My name is John Spellman, and my wife and I have owned a short-term rental property in Maui for 14 years. I am writing today to express my deep concern and strong opposition to the proposed legislation to phase out more than 7000 vacation rentals.
My wife and I have worked very hard these past 14 years to provide a welcoming environment to our guests when they are staying at our condo. We provide extensive information on restaurants, beaches, and things to do in beautiful Maui. We typically visit our condo 3-4 times each year, usually for a month at a time. Through our times on Maui, we have developed a lot of info and recommendations for our guests to use as they support local Maui businesses. We have gotten to know many of our guests who make regular trips to Maui each year. They share the same feelings we have on how Maui is our "special place". Many have expressed concerns over the proposed legislation and worry about having a place to stay when they visit Maui.
Our condo is maintained by many different services - housekeeping, maintenance, etc. We have gotten to know many of these hard working people over the years. If the short-term rental ban were implemented, our concern would be that these dedicated, hard working people would lose their jobs. We feel the ban would have a very negative impact on the future of Maui.
We urge the Council to work with owners like us to find a fair, balanced path forward - one that supports the economy and holds short-term rental owners like us to high standards, instead of just phasing us out completely. We are very opposed to the short-term rental ban.
Mahalo for your time and consideration.
Sincerely.
John Spellman
john.m.spellman@gamil.com
Aloha, my name is David and I work as an accountant for a property management company in Kahului that provides services relating to GE & TA taxation to STR owners. I wish to express opposition to this bill as it would dramatically reduce the county's tax revenues. Not just the GE tax, the TA tax and the property tax, but also all the other taxes derived from services maintaining these units. The tax revenues garnered by the county is admittedly significant, and the continued stream of tax revenue can easily fund more affordable housing to the residents. Removing 7000 units from this tax pool is NOT the smartest or even on a legal standpoint, an ethical action.
I therefore ask the county to defer this bill entirely.
Dear Chair, Vice Chair, and Committee Members,
My name is Magdalena ODonnell and as a full-time resident of Maui and employee of a short-term rental management company, I’m here to express my strong OPPOSITION to the legislation proposing the phase-out of over 7,000 short-term rentals. On August 1st, 2023, my husband and I achieved our dream by purchasing a short-term rental vacation business. We envisioned a bright future and were eager to contribute to the local economy by providing employment opportunities for local residents. Unfortunately, since the fire, we have experienced significant hardship and loss. As a young family with two newborns and no income, we have struggled to cover our expenses and provide sufficient work for our employees.
Our business depends on the tourists who choose to stay in the properties we manage. We employ a diverse team, including cleaners, inspectors, reservationists, landscapers, and many more. If short-term rentals are phased out, our employees will lose their jobs. Our small company managing less than a dozen rentals helps provide livelihoods for 4 different families that all live here. So many in our community will not be able to afford housing if we all lose our jobs. This business is our livelihood, and the proposed legislation would be devastating not only for us but for our entire community.
I kindly ask the commission to reconsider this legislation and explore alternative solutions for affordable housing. Phasing out 7,000 short-term rentals would severely impact local businesses and livelihoods here on Maui. Many residents, faced with a lack of job opportunities and potential bankruptcy, would be forced to move off-island, further harming our community. Additionally, eliminating these short-term rentals will not solve Maui's urgent need for affordable long-term housing. High HOA fees and additional special assessments make these units financially unviable as long-term rentals. Taking our jobs is taking this communities last chance to keep up with the rising costs of the country. Taking out properties on the Minatoya list, would not only hurt small businesses like ours but also have a negative ripple effect on whole local economy. Visitors who stay in vacation rentals support neighborhood restaurants, bars, shops, and activities, contributing to the overall economic health of our community.
Thank you for taking the time to consider my perspective. I kindly ask to find a balanced approach that addresses the need for affordable housing without devastating our local economy and the livelihoods of so many. Our community needs to be taken care of as a whole, not destroying half the lives to benefit the other half.
Sincerely, Magdalena ODonnell
I own property in Kihei. You are going to put a lot of maintence people out of work for a fire that was caused by politicians, Maui County employees, and the power company. Oh well, the unemployed can always move to the Mainland for work after you drive them out,
Dear Chair Kama, Vice Chair Uʻu-Hodgins and Members of the Housing and Land Use Committee
Bill 9 will bring economic ruin to Kihei and Maui, thus I strongly oppose this bill!. There have been many economic studies around the loss of income and jobs. Your own UHERO study puts it bluntly:
Here’s the conservative Uhero estimates of damage:
– 💸 $900 million in lost visitor spending
– 🏡 $60 million less in property tax revenue
– 🍽️ 20% drop in restaurant revenue
Bill will devastate the Mom and Pop businesses and strain Maui finances for essential services. Why would one be so blinded by the economic calamity that this will bring? Many of the businesses and restaurants will go out of business in Kihei. So much economic destruction and so many people put out of business for so little gain. Mayor Bissen touts this is all in the name of affordable housing but yet it's being reported that only 8% of the Minatoya properties will be willing to convert to long term housing. Why will most not long term rent? Because Hawaii has one of the worst landlord protection laws in the country. It would be almost impossible to evict anyone if they don't pay the rent or are disruptive tenants.
Now for those that will rent long term the only way possible if the rent is subsidized as HOA fees run on average $900 to $1600 a month plus yearly assessments. HOA fees on top of mortgages and insurance means most carrying costs are $4500-$6000. Special Assessments have been yearly and run $1-$3k a year. It has been reported in all the economic papers that the average income household in Maui is $90k a year which would equate to the max of $2500 one would have to spend on rent or a mortgage. There is no way an owner of any of these condos are going to subsidize the difference. And if one is forced to sell….who wins? Those who want a second home in Maui! What kills me is Maui Government had many many years to build affordable housing and neglected doing so…So what is the easy fix? Going after someone else's property. SHAMEFUL! Majority of the Minatoya condos have been allowed and codified into law to STR for close to 40 years! Our condo in the Maui Vista complex was built specifically for vacation rentals. IT says so in our Horizontal Regime and in fact was ran by Aston Vacation Rentals back in the 1980s and 1990s as a vacation destination. We have the marketing brochure that they used to advertise Maui Vista as a vacation tourist destination. The front desk used to check in and be there for a resource to guests is still there to this day.
Bill 9 is being touted as a need for emergency housing yet a 5 year amortization period will be given. Wouldn't it better for an emergency to just build housing now? I understand Maui needs affordable housing. Housing costs have gone up drastically everywhere and most states are building to accommodate. Maui can build its way out of this. But the way it is being handled really leads me to believe it is more about either wanting 1. less tourists or 2.the hotels here on island trying to push competition out. And once again the mom and pops of this world get the shaft. What is so sad is most tourists DO NOT WANT TO STAY IN A HOTEL and they won't.. They will go somewhere else like Costa Rica or the Bahamas. This will be devastating to Maui which tourism makes up .70 cents on the dollar.
In closing I am worried what will happen to the people I have worked with for many years. This will devastate them and I am sure they will have to leave the island. Kihei will become like any other city in the US that has had its economic life blood taken away and poverty will reign!
Please vote no on Bill 9. The only winner are the Hotels.
Oppose
My name is Ron Auth and I oppose Bill 9 and respectfully request that the Papakea Resort be exempted. Papakea is zoned H2/A2 and has been operating short term rentals for fifty years. It has never been a property that converted from workforce to transient vacation rental. The Papakea Resort property tax assessment class is Hotel/Resort. In the past five years they have paid $16,902,298 in real property taxes. They have full-time staff and operate a front desk daily with long hours. The guests at Papakea support local retail and restaurant businesses as well enjoy all park and sporting activities that Maui has to offer. These things generate big revenue to Maui resident entrepreneurs who own and operate these businesses. Thank you for your time and consideration of my opposition.
I am strongly against changing the rental program at Papakea. It is obvious by the data the short term rentals provide much needed money to the West Maui community. Not only does it bring in money to the stores, activities provided and restaurants, it provides employment for all the housekeepers, gardeners, service people, and office staff, as well as many others. Please do not change the rental program at Papakea.
Gail Costello Owner A305 Papakea
The proposal to limit short term rentals doesn't make sense. I my case in particular we have a condo we rent out which is only 600 sq feet. This would not be very good for a long term rental. In addition the monthly fees are over $900 which also doesn't make sense for a long term rental or ownership. Coop
Hello Members of the Council,
For purposes of protecting my identity against harassment from members of Lahaina Strong, as last time I divulged my name one of their members stalked my social media and threatened to show up to my home and assault me. I am submitting this testimony in strong opposition to the proposed bill aimed at phasing out short-term vacation rentals (STRs) in Maui County.
While I share the concern over the very real housing crisis facing local families, I firmly believe that this bill takes the wrong approach and will have substantial long term unintended and damaging consequences for both the entire Island, it's local community and economy.
Short-term rentals on the Minatoya List are not the root cause of Maui’s housing shortage. The reality is far more complex, involving years of underbuilding, zoning restrictions, high construction costs, permit red tape and limited infrastructure. Eliminating STRs will not suddenly make these units affordable for local families or are suitable for long-term residents—many were never designed or permitted for that use. Many are junior one bedroom units of 550+ square feet and one allocated parking space.
This bill threatens to eliminate a vital part of Maui's visitor/tourist industry—one that provides livelihoods for thousands of local residents including property managers, cleaners, landscapers, maintenance professionals, and others who depend on STRs to support their families. This kind of broad removal will destabilize small businesses and increase unemployment, with no guaranteed improvement in housing availability or affordability. Minatoya List STR's provide an affordable option for people looking to visit the island. If you visit a Westside Hotel such as The Westin Nanea Ocean Villas, the price per night stay is roughly $850+, with STR per night prices ranging from $99 to $250 per night. a substantial drop in lodging expense which allows these visitors to spend their money on local restaurants and establishments not within the property footprint of these huge hotels.
Instead of targeting legally operating vacation rentals, we should be working together to expand affordable housing through responsible development, a fast-tracked permitting process for workforce housing, and incentives for long-term rentals. Enforcement should focus on illegal operators, not law-abiding property owners who contribute to our local economy and pay taxes.
We need real solutions that address the root causes of the crisis, which is the lack of accountability from the local government to get homes built—not reactive policies that displace jobs and harm small businesses under the assumption of quick fixes.
I urge you to vote no on this bill and to engage with the community to craft more balanced, transparent data-driven solutions that can truly address Maui’s housing challenges without sacrificing livelihoods.
This bill will devastate hospitality and critically affect the incomes of so many who rely on hospitality to survive.
31720 Blue Meadow Lane, Westlake Village, CA 91361
kauth@sbcglobal.net, 818-889-3432
June 6, 2025
Dear Chair Kama, Vice Chair U’uHodgins, and Members of the Housing and Land Use Committee:
Clearly and primarily, we extend our deepest and heartfelt sympathies to those who lost loved ones, homes, and businesses in the devastating Lahaina fire. We understand and sympathize with their unimaginable plight.
However, our purpose in contacting you today is to propose that you amend Bill 9 to exclude Papakea Resort.
For decades, Maui County and the State of Hawaii have identified Papakea as a resort. Owners purchased with expectations for short-term rentals based on legal ordinances. Papakea has had STR occupancy since its inception and has been in operation for fifty years. It has never been workforce housing, so Papakea is not an example of a property that converted from workforce to transient vacation rental. The majority of units are less than 600 sq. ft. with limited storage and parking.
Papakea assessment tax class is Hotel/Resort. Its zoning is H2/A2.
The resort runs a large front desk check-in/out full-time operation along with concierge services and other guest amenities. The property is not in a residential neighborhood. It’s located adjacent to multiple commercially zoned properties, K Shores, and other prominent condo/ hotels and hotels along the beach to Whaler’s Village.
Papakea is a significant economic driver and employer on West Maui. In the last five years, they’ve paid $16,902,298 in real property taxes and $3,100,000 in real wages. There is a full-time, on-site staff. The resort supports 161 housekeepers, 26 handy persons, and 30 rental companies. They are currently undergoing an interior pipe renovation project at a cost of $32,000,000 financed by Hawaii financial institutions. Local Hawaii contractors are working on this job.
Papakea maintenance dues are from $1,096 to $2,739 per month depending on unit size.
The guests at Papakea Resort support local retail businesses, restaurants, and all the various activities that Maui has to offer. This support provides tremendous financial stability and income to these businesses owned and operated by Maui residents.
In closing, please know that I appreciate the work you’re doing and hope you will give serious consideration to my request by amending Bill 9 and exempting Papakea Resort. Thank you.
Sincerely,
Kathleen Auth
We have owned our Maui Home at the Kaanapali Royal for over 38 years. When we are not staying on the Island we rent it out short term, generating income to help pay our extremely high AOA fees of over $1,600.00 a month and our property taxes of over $1,500.00 a month. Since this is our second home, we will NOT be renting our unit on a long term basis if short term rentals are not allowed. We will simply keep it empty, resulting in tens of thousands of dollars of lost revenue to Maui in property and occupancy taxes and tourist revenue. Our guest will NOT be staying in hotels since they do not economically accommodate families nor do they provide kitchen facilities. To claim that our unit will provide affordable house if STR is terminated is a farce. Very few locals can afford to pay over $1,600,000.00 for our unit and be able to pay the AOA fees and taxes, mot to mention the debt service on a 1.6 million dollars mortgage. The Mayor says we should seek rezoning to Hotel as an option, however this would cost over $500,000.00 and would take 3-5 years. During that time Maui will suffer significant loss of tourist revenue and tax dollars, assuming that rezoning actually occurs. The blanket termination of short term rentals is nothing more that a political appeasement that will greatly effect our fellow Maui residents. It will not do ANYTHING to solve the affordable housing shortage that has been created by Maui's failure to address this issue, although it has promised to do so for decades. Look what Whistler, Canada and Vail, Colorado have done to deal with issue and other resort venues. They have provided affordable housing to their residence by actually dong something about it. The lack of political leadership in Maui is appalling. It is all about making promises to get elected and then doing nothing or coming up with ideas that are ridiculous. To terminate STL is REDICULOUS. It will only harm our fellow Maui residences.
Gregg Leitz
Owner, Papakea Unit C105
Lahaina, HI 96761
Re: Opposition to Bill 9
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.
Background on Papakea
• 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. It 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.
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; some 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.
Individual Owner Contributions to the Community
• 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 nd cultural efforts.
I would like to thank the committee for the opportunity to comment.
Sincerely,
Gregg Leitz
3543 Lower Honoapiilani Road, Apartment C105
Maui County Council
200 South High Street
Wailuku, HI 96793
RE: Opposition to Bill 9 – Phasing Out Legal Short-Term Rentals
Aloha Honorable Councilmembers,
My name is Kristin Sayn, and I am writing to you today not only as a lawful short-term rental owner but as a woman who has built a deep and lasting connection to the people and spirit of Maui. I respectfully urge you to reconsider the far-reaching implications of Bill 9.
My family and I purchased a permitted short-term rental in Maui because of our genuine love for this island—its culture, its people, and its breathtaking beauty. From our very first visit, we were welcomed with warmth and kindness. We chose to invest here not to exploit, but to contribute—to be part of something bigger than ourselves. Our STR is more than a property; it’s a bridge that brings respectful visitors into the heart of this community while supporting local livelihoods.
We employ local professionals—cleaners, handymen, landscapers—and refer our guests to local businesses. Our guests spend money at Maui-owned restaurants, shops, tour companies, and farmer’s markets. These businesses aren’t chains or faceless corporations—they’re neighbors, mothers, fathers, and kūpuna trying to make a living in one of the most expensive places in the country.
Eliminating thousands of STRs will ripple through the economy, and the harm won’t be abstract—it will land squarely on the shoulders of working families. Studies have shown Maui could lose nearly $1 billion in visitor spending, thousands of jobs, and over $90 million in annual tax revenue. This is not the path to economic resilience.
I understand and support the goal of creating more housing for Maui residents, but Bill 9 does not offer a realistic or thoughtful solution. Many STRs are not suitable for long-term occupancy by local families due to zoning, location, or affordability. This bill would remove vital economic infrastructure without any guarantee of positive housing outcomes.
Please don’t mistake legal STR owners like myself for those who operate illegally or irresponsibly. We have followed every rule, paid every tax, and shown nothing but aloha for the community. We are willing to be part of the solution—but we cannot support a policy that threatens the very economy and culture we came here to honor.
As a woman, a mother, and someone who deeply values community, I ask you to lead with wisdom and balance. Let’s work together to protect housing and the local economy. Let’s create solutions that reflect the true spirit of Maui—kuleana, aloha, and community.
Mahalo for your time, your service, and your open mind.
With deep respect,
Kristin Sayn
STR Napili Ridge
Lahaina Hi K16
ksayn@me.com