This will not solve the housing crisis. It will harm residents and small business owners while enriching hotel chains who send their profits to offshore corporations.
Streamline the building permit process and use county land to build affordable housing
A person from Lahaina Strong just testified (as the last testifier) and had a multi-page document. She said they made a visit to every complex on the Minitoya list. She said only 8 or 9 had offices, all were built for residential use prior to being used for short term rentals. I am only familiar with 2 complexes, Hale Kamaole and Kamaole Sands, and both have offices open every day. I find it hard to believe that there are only a few more.
She also said they looked at the original documents for each complex. Exactly the type of study that should have been done by the County, or at least a neutral party. I don’t trust that the only information the council receives of this type came from a very biased perspective.
I cannot believe that the county did not do a study itself of this type. Shows a lack of interest in having factual information.
I implore the county that prior to making a decision on this bill, the county do it's own study of these items.
I have owned a condo in Kihei since 1984, and there have only been a handful of full time residents at our complex. And they have been owners who previously rented their units as strs and move there full time when they retired. Most of our complex owners know each other as neighbors; but it has never been a place where local Maui residents lived as a community.
I'd also like to let you know that prior to the internet (around 1999-2000), we advertised our unit in a local newspaper and through the travel agent main book (kind of like a nationwide phone book). The unit was rented out about the same as after the internet and vrbo (I have one of the lowest numbers, we were one of their first 8,000 customers. Now they have hundreds of thousands...)
Our complex has historically had owners of middle class families. No owners own 5 or 6 or 20 units. Most have a single unit, some have two (one to rent, one to live in) and there may be one with three. I'm not sure how the proponents of the bill got the idea that we are all billionaires who own many units. We don't make a profit, though our condo was paid for by tourist rentals. It has appreciated a lot, but you have not made that profit until and unless you sell, which we have no intention to do.
I think a great point is made that the County could purchase the ones that have been sitting on the market and not selling. Maybe pay the amount they are assessed at; the amount which we are paying taxes on. The condos in our complex have dropped about 25% in sales price in the last year, and are still not selling. Plus, when we purchased ours, it was very affordable. It could have been purchased by a Maui resident, but was not. I know of at least 7 units in Kihei that were approved for FEMA rental after the fire, that were never rented. It was said that the Lahaina people did not want to live in Kihei. Why would they want to live here now? There are plenty for rent long term in Kihei that are not even rented.
I want to say that it is very disheartening to listen to the testimony. I feel very sorry for the people who need homes. I'm brought to tears as you are. But I just don't think Bill 9 will solve the problem. Plus, I've heard one to many times today that we are no longer welcome on Maui (if we ever were.) It's kind of like, don't come here, but just send your money. I provided my condo free of charge after the fire, nobody ever called me and asked me to. I asked if it was needed. I could not rent long term as we spend months at a time in our unit; and we were scheduled for a major plumbing renovation within the next 18 months. I donate regularly to the Maui Food Bank and Humane Society (and no longer to Maui/Lahaina Strong).
I feel vilified and unwelcome. But I am not going to give away my condo, which seems to be what is being asked of us. Sounds like some would like us to sell for the price we paid, 5, 10, 15, 20, or in my case, 40 years ago. That is unrealistic. That is not going to happen.
Here’s a clear breakdown of what laws predatory STR investors may have violated, what consequences they face, and how we can legally seize assets under U.S. and international law—especially in cases involving money laundering and housing displacement.
Crime Statute What They Did Penalties
Money Laundering 18 U.S.C. § 1956 Hid income through LLCs, offshore accounts, or fake names to buy STR properties 🔒 Up to 20 years in prison per count + asset forfeiture
Wire Fraud 18 U.S.C. § 1343 Misused online platforms to collect illegal rent or false permit info 🔒 20 years per offense
Bank Fraud 18 U.S.C. § 1344 Lied on mortgage apps or faked STR income to qualify 🔒 30 years + $1M fine
Civil Conspiracy 18 U.S.C. § 371 Worked with others to defraud the housing system 🔒 5 years per actor
RICO (Racketeering) 18 U.S.C. § 1961–68 Ran multiple illegal rentals as a criminal enterprise 🔒 20 years + asset seizure
Tax Evasion 26 U.S.C. § 7201 Didn’t report STR income or misused deductions 💰 Fines + up to 5 years per offense
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🌐 II. International Human Rights Crimes (ICJ + Rome Statute)
Crime Rome Article Description Penalties
Forcible Transfer of Population Article 7(d) STR saturation forces out native families 🛑 Prosecutable as crime against humanity
Persecution Article 7(h) Displacement targeting cultural groups (e.g., Kanaka Maoli) ⛓ ICJ referral + international sanctions
Unlawful Seizure of Property Article 8(2)(b)(xiii) Co-opting land meant for housing 💼 Legal grounds for international property repatriation
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💼 III. Asset Seizure + Community Compensation Process
1. Investigation via RAIS + Peacekeeper Protocols
• Trace money flow (Airbnb payouts, offshore LLCs, fake EINs)
• Cross-check zoning fraud and shell company trails
2. File Forfeiture Suit
• Under 18 U.S.C. § 981 and § 982: Civil or criminal asset forfeiture
• Can seize STR properties, bank accounts, and profits
3. Redirect Seized Assets
• Send into 12.5% Generational Wealth Trust Fund
• Rehouse displaced families, rebuild fire zones, and launch cultural housing co-ops
⸻
✅ Example: STR Money Launderer in Wailuku
• Owns 4 rentals via Delaware LLCs
• Uses vacation platforms to hide rental income
• Claims local residence, but lives in California
• Never registered with County STR permits
🔒 Faces:
• 3–5 federal crimes
• Up to 50+ years prison exposure
• Full property forfeiture + restitution to affected communities
⸻
🔐 Peacekeeper Enforcement Language
“Any entity operating a short-term rental in violation of local zoning, federal tax laws, or international housing protections shall be subject to full seizure of property under the Peacekeeper Protocol and federal RICO forfeiture. Housing fraud is not a loophole—it’s a crime.”
Please remember what Kihei was first called — “Kamaole” which means barren. It was Barren Beach 1, Barren Beach 2, Barren Beach 3.
When it was developed, it offered a value-priced option for tourists staying on Maui. I rented here for years, until purchasing a small unit on the Montoya list in 2002. We were so happy to own a part of paradise and invest our time and energy in the community.
We slowly tried learning the Hawaiian language. One of my favorite words is “Pono”. What the mayor has proposed is not Pono.
We purchased our condo, for a family vacation spot and a place to visit our many friends from home, who live on Maui for 30 years. My husband is 80 and we have had a business for 48 years.
All our friends in Maui are afraid, if this passes, they all will lose their jobs and then will have no where to live.
We are at Kamaole Sands, we have a busy official front desk, for building security and parking passes.
We own a small 1 bedroom, that we will never long term rent, because we bought it for family, but I am sad fior the employees of our facility.
It seems like there is a pecking order, of who gets no rentals, very unfair.
The hotels are very expensive. Many people I talk to on the mainland, said they will just take their families to Arizona, Florida or Mexico and let them reap the benefits.
Quit giving out more permits for expensive hotels, more condo units to be built.
Take our expensive tax money and build some affordable housing, buildings instead of these expense ones, you are issuing permits for.
It’s just not fair, the way you are handling things.
I had not planned quickly enough to get my main points in voice testimony THIS HAS SOLUTION ideas
Aloha and thank you for hearing me today. My name is Mary Kerstulovich, I have listed to much of the testimony for days and I am opposed to bill 9. I am going to give you a brief background about myself and my family, not because I need any accolades but because I don’t want to be seen as an extractor from the aina and our South Maui community. I am a PTA member, a Little League board member,I became a S Maui HUB for west side support and I feed the less fortunate monthly. We support our community with food. I have a degree in Human resource and business management. I started off cleaning houses from the age of 12, worked my way through college, and at the age of 33 decided to become a Realtor. Not just because of the better-paying job that allowed me to help be here for my kids, but because of a bad experience I had with very little guidance and understanding during the time of predatory lending. Because I was not properly educated, I eventually lost my home to foreclosure. I became a Realtor, to help people achieve their homeownership goals with honest, trusted, educated advice.
I believe as council members you owe it to the community to reach out to local vendors and small business both directly and indirectly who rely on tourism all over the island to see how they are doing? Because this is such a passionate debate many are afraid to speak out. My Hanai Neice works at a boutique in Paia and her last shift she sold $50 in merchandise. Businesses are already struggling.
I do know with every problem is a solution and condos are not the way. Example: I do know a Kahana Reef one bedroom maintenance fee is $2005 a month and a studio next door is $1405 per month. And many of the long-term condo maintenance fees have climbed to nearly $900 per month. If the council has not been provided real numbers on all of the costs I am happy to help provide that in the future.
Rising costs are nationwide issue. Inflation and unaffordability, has impacted us all.
I am not an economist and I can’t warrant some of the following numbers but with some research I found:
I feel Maui Countys systems are old and anequated.
Change the property tax basis to IMMIDEAATLEY at purchase to reflect homeowner exemptions and rates.
Reform of all social programs which are impossible to qualify for
Reform the home permitting process.
I also believe that close to 70% of all TAT and GET tax doesn’t even stay here. It goes to Oahu. Our parks, our streets, our teachers, our keiki and community deserves to truly benefit from what income is made here. NOT OAHU.
1. Land issues: The Maui County master plan was made long ago. I believe in the 1960’s. Less than 10% of the island is allocated to build on. Currently I think we are at around 6% of that building. This and water issues have previously haulted many affordable home projects of the past. Many people don’t know that it was once a requirement to build affordable with all development and at some point someone in the county approved just taking money from the builders and reliquinsed that much needed requirement? This is why many affordable projects have ceased to exsist for too many years.
2. Permitting: A Slow and cumbersome process: Kilohana Makai. 28 homes in Kihei sold 5 years ago. 5 years later the builder is still waiting for building permits. That is 28 families that could have had housing years ago.
3. One recent success story on the West Side. Ka La’i Ola a new tiny home community that has been built since the fires of which all of now has the infrastructure to be able to support a true subdivision in the future. It is my understanding Governor Green had to get involved for this engineer and builder to proceed at a record rate of 10 months! Again, why our Maui County permitting system is not supporting rebuilding of Lahaina and new homes for our local families is beyond me.
4. Water/Wai: Hotels in many coastal regions around the world are required to install desalinization systems in tourist-heavy resorts. This to my knowledge has not been required at all on Maui. Hotels in most cases were built after 1989.
ALSO Not one person has identified that all of the water systems on this island were privately sold off at one time. We don’t have a water issue we have an infrastructure issue. I do know Maui County is working on at least two old wells to make them operational again. The question is why are all of the new restaurants/fast food companies coming to our island with quick approvals and just this week Mahi Pono was granted approval to divert water. The 88 tiny homes across from Kings Cathedral are just now getting water. What is the obstacle to overcome to get water to the families, homes, and keep the water for small local farms?
5. Housing: Affordable is a word that keeps being thown around. I think affordable is a subjective subject and it is a word of the past. With Current mortgages rates not much is “affordable” but if you have an interest in hearing about costs I have two examples I can provide later.
6. SUBSIDIZE SIZABLE DOWNPAYMENTS: Take all of these funds to help families qualify for loans for the Department of Hawaiian Homelands. I believe there is enough money in the housing fund to subsidize necessary and sizable 20-30% down payments to make things affordable for families to own. The funding has been there for years and with the recent $1.6 billion grant I don’t see how this is not able to be accomplished. Currently, the funds for housing assistance programs are very hard to get qualified for, are too small in dollar amounts, and expire quickly if you don’t use them. This doesn’t help most buyers.
7. And in the case of the future. Why not create a lottery system such as scratch off tickets that ONLY benefits the local families. A steady income stream for everyone of Hawaiian decent, similar to the Native Americans that get funds from various casinos around the US.
I know we can find solutions with the money the state and county currently has to house everyone.
Years ago I was at my friends funteral who we called Hawaiian Brian. I was told
ALOHA
means
Always Love Over Hate Always.
I may not be of Hawaiian decent but I do have Aloha in my heart.
Thank you.
I strongly oppose Bill 9. My wife and I have owned a condo at Kamaole Sands for almost 9 years now. Right after the Lahaina fires our son had a destination wedding in Wailea and we had 60 family members and friends join us at Kamaole Sands for the week. Needless to say that our family and friends supported the locals by taking multiple excursions, eating out at local restaurants, rented accommodations locally in Kihei, rented cars from Kihei rent a car, etc…..
Owning a STR in Kihei, my wife and I support the local economy as best as we can by hiring house cleaners, carpet cleaners, handymen-women, AC technicians, local blind company, painters, plumbers, electricians, and the like. I can only speak for ourselves, but I don’t see how the locals will survive financially without the STR’s being a viable employment source for them.
I do believe that implementing the STR ban will be the final “ nail in the coffin” for Maui and it’s local residents.
In order for. Audi to survive, it’s politicians need to STOP sending mixed messages to visitors that, on the one hand are welcoming, and on the other hand sends a message to stay away.
My wife and I, as well as our family, love Maui. Whatever the outcome of Bill #9, we will not be selling our place in Kihei and will not turn it into a long term rental. We do have 2 bedrooms and 2 baths, 1 parking space allocated to us. Our current expenses to keep the place are over $4,000 a month pus $16,000 a year for property taxes. I would imagine not affordable for a local family.
I am strongly opposed to this bill it will hurt local residents and does not solve the housing crisis. We do have a housing crisis but it is due to high rents not no housing. There is housing but it is unreachable financially. I don't have any crazy statistics to add but I can give just an example of who I am and what passing this bill means for me. As well as other hard working locals like myself.
I am a single mother. I work and live in Kihei. I moved over to Maui at 13 yrs old with my single mother to be closer to my grandparents who lived here. I have grown up in Kihei and am a part of this community. I love to be in a place where I still know most everyone that I have grown up with and still see them often throughout town. I get to watch my kids grow up with the kids of kids I grew up with. It's honestly a blessing for us.
Unfortunately, due to high rents and low pay. I have seen many people that I know have to move to the mainland just to be able to survive. I have struggled and continue to struggle myself to stay here close to my family.
I have worked at two separate condo complex (both on the Minatoya list) front desk jobs since I was 19 years old. Once employed by the association and now employed by a short term rentals company that I have now been with for six years. Since being here I have been through a few hard times with no income due to Covid shutdown where I was able to collect some unemployment and then after the fires when our guests were told not to come to Maui. Currently, we are having may cancellations due to Canadians not wanting to visit America and other guests hearing through the news that they are not supposed or allowed to rent from us any longer. Our business has dropped so much that I have been told that I may have my days cut. Not just in hours but 2 or 3 days of my full time job that will be cut.
I live in a low income housing project. My rent is almost $1700. My paychecks are $1300. with other bills and food, gas and nessecities, I can barely make it by and am constantly over draft just to get to the next paycheck. I have to pay my rent in two parts every month because I can never catch up. I struggle very hard and still have no extra money to raise my son with any kind of a lifestyle. I'm always apologizing for not being able to do things with him because we don't just have fun money. If I get cut any hours I could no longer afford to pay my rent. I could be looking at eviction or homelessness. It only takes one paycheck to lose everything. This is a scary situation for me as If I lose days of pay losing my home/rental is almost certain. There are no places on the rental market that are less than what I am paying now as I am constantly looking. There is no where else to go. If I have to look for a new job I don't have experience outside of what I have been doing the last 17 years, and that is a scary thought as well.
Locals, as in residents who live and work here can not afford the high rents and would not be able to afford a tvr turned long term rental even if they really wanted to. They would all have to be rented at almost $4000. a month just to cover the owner's costs. I can barely pay $1500. with my full time job. I do not own anything but I live and work and love this community. I know so many housekeepers, vendors, maintenance people ect. That would all be out of the job and then out of their homes and then out of Maui:(
I am strongly opposed to this bill, it will hurt local residents and does not solve the housing crisis.
We do have a housing crisis but it is due to high rents not no housing. There is housing but it is unreachable financially.
Please, I strongly urge you to think about all the little people like me who will be affected if you pass this bill.
There has to be another way!!
Thank you
I am all for making housing available and not letting outside investors buy homes here to make Airbnb’s and vacation rentals. I do think there should be a provision made for an island residence to be able to vacation rental their home making a piece of pie of the tourism industry. That local families build wealth with the tourism resource why should we only let the corporations get a piece of pie. It’s a little scary handing over the whole tourism industry two big corporations who do not have necessarily best interest in mind.
I write in strong confusion to Bill 9 not because I oppose regulating short-term vacation rentals (STVRs), but because this bill fails to address the core problem: our outdated and ambiguous zoning framework. Rather than surgically correcting the systemic abuse of Apartment-zoned lands by STVR operators, this bill applies a one-size-fits-all ban that creates legal uncertainty, economic disruption, and enforcement confusion—without solving the actual zoning loopholes.
⸻
🧭 THE REAL ISSUE: ZONING FAILURE, NOT JUST USE
The core problem isn’t just the existence of STVRs. It’s that Maui has no designated zone for the unique class of STVR complexes that are not hotels, not residential homes, and not community-friendly.
These complexes—often large-scale and investor-owned—operate in a gray area, exploiting Apartment zones meant for housing. Bill 9 punts the zoning problem instead of fixing it. That’s not planning—it’s political avoidance.
⸻
⚖️ SOLUTION: CREATE A THIRD ZONE FOR STVR COMPLEXES
I propose an alternative path: Maui should create a new zoning designation exclusively for STVR complexes. This zone would:
• Separate high-impact transient uses from residential neighborhoods;
• Reinforce the original intent of Apartment and Residential zoning;
• Restore fairness and clarity in permitting, enforcement, and taxation.
Such a zone could be called “Resort-Hospitality Mixed Use (RHMU)” or “Transient Lodging Overlay Zone” and would apply only to qualified complexes that meet strict standards—such as infrastructure capacity, location buffers, on-site management, and historical use.
⸻
🔍 WHY BILL 9 IS FLAWED WITHOUT A NEW ZONE
❌ Creates Legal Confusion
• Bill 9 treats all Apartment-zoned STVRs as inherently illegal, even though many were built decades ago with County knowledge or tacit approval.
• It opens the door to regulatory takings claims and lawsuits that could cost taxpayers millions.
❌ Ignores Zoning Reform
• Maui still lacks a lawful, designated area for STVRs outside of Hotel/Resort zones.
• Without offering relocation, transition, or zoning correction, Bill 9 forces existing operators into a dead end.
❌ Punishes Without Process
• Many property owners followed existing tax and zoning codes in good faith.
• This bill revokes their use rights with no grandfathering process, no variance path, and no incentive to convert to long-term housing.
⸻
🧩 WHAT A THIRD ZONE FIXES THAT BILL 9 IGNORES
Problem Bill 9 Third STVR Zone
Zoning Abuse Ignores it Solves it with clear legal designation
Legal Risk High Reduced through lawful rezoning and transition
Enforcement Complex Easier via geo-fencing, licensing, taxation
Public Trust Undermined Rebuilt through clarity, fairness, and process
Housing Crisis Marginal impact Managed transition of STVRs to legal use or long-term housing
⸻
💡 MAUI NEEDS LAW, NOT LITIGATION
Bill 9 will trigger legal battles, not resolution. A true solution must include zoning modernization—something this bill entirely avoids.
Instead of banning by fiat, create a lawful, limited, high-standard STVR zoning designation and offer a fair process for existing complexes to transition. This protects:
• Our housing stock,
• Our economy,
• Our tax base,
• And our residents.
⸻
✅ RECOMMENDATIONS
1. Defer or reject Bill 9 until a comprehensive zoning reform is included.
2. Convene a task force to define and propose a third STVR zoning category.
3. Conduct a legal and fiscal impact study on takings, tax losses, and economic displacement resulting from Bill 9 as written.
4. Enforce STVR limits through zoning, not retroactive bans that violate property rights.
⸻
👣 CONCLUSION
Bill 9 is not a plan—it’s a reaction. It sacrifices long-term legal integrity for short-term political points. I urge the Council to lead with vision, not vengeance.
Let’s create a zoning framework that respects the law, protects residents, and charts a stable path forward.
Aloha, My name is Nancy MacPherson and I own a STR property in Maui County, I’d like to express my strong opposition to the proposed legislation to phase out more than 7,000 vacation rentals.
I’m a responsible and community-oriented owner. I recommend local restaurants and tour guides in my welcome guide. I employ local service providers (cleaners, maintenance techs, landscapers,etc) as well as used local contractors when I remodeled 5 years ago. In addition, my guests help support multiple small businesses during their stays.
After the fire, I opened my home for several months-at no cost-to a local family who lost their home. I care about this community and am doing my part to be a good neighbor.
Owning in my complex hasn’t been easy. We’ve faced huge maintenance costs, special assessments and massive insurance increases after the fire. These aren’t luxuries-they’re costs that ensure the property remains safe, functional, and appealing. STR income helps cover those costs while supporting local workers:
This legislation feels rushed and one-sided. I urge the Council to work with owners like me to find a fair and balanced path moving forward. Please choose to protect local jobs, support the economy, while hold STR owners to high standards, instead of phasing us out.
Mahalo for your time and consideration.
With Aloha,
Nancy Macpherson
Email: Nancy.r.macpherson@gmail.com
I am writing this testimony as a LOCAL resident with deep ties to our community. I have lived here all my life. My parents were born and raised here. My mother is from Lahaina and both of my parents graduated from Lahaina Luna High School. So our family is connected to this island and community too. I am Hawaiian along with my children and grandchildren. So I wanted their voice to be heard as well as my own. I wanted to be a voice for perhaps a vey small minority of Born and Raised Short Term Vacation Rental Owners. This place is our home and our Gem. My father-in law purchased this parcel and made it a home for his wife and 6 children who all were born and raised here on Maui. He loved and adored his paradise on Halama Street. My father in law worked his butt off for this place. My in-laws along with my brother in-law and some of our most beloved family pets have their ashes scattedred right in front of our home/Short Term Vacation Rental. My husband currently lives on this property and is constantly taking care of this property that my father in law has blessed us with and we that we are blessed everyday we thank God for this place.
We are not investment owners, nor do we live off in a far away land, nor do we have a bank account that is overflowing with riches. We do not make a fortune with our property. Both myself and my husband work 2 jobs and top of taking care of our vacation rental just to provide for our family and to insure that this property stays in our family. This is our family's investment and we take pride in it. We supported Fire Victims right after the disaster in Lahaina. We have hosted many local families, other local families class reunions, we have opened it up for Church members who are traveling to Maui, we've hosted sports teams from outer islands and well as Coaches from the Mainland at no charge to them this is our and and we do give back to our community is this way and we are not taking and taking as I have heard in some past testimonies. We are Blessed and we understand that, but we to are in in just to keep this home in our family for the next heneration to come. If we lost this opportunity to continue as a Short Term Vacation Rental how are we suppose to survive with Renting our units as long term rentals we do no see it as a viable option for our family. We would probably have to sell it to a outside investment company. Our home is the last of 2 original families left on this street so I DEFINATELY OPPOSE THIS BILL IT WILL NEGATIVELY IMPACT MY FAMILY AND GENERATIONS TO COME FOR ME AND MY OHANA. Thank you.
I strongly oppose Bill 9 as it will destroy the local economy and there will be many lawsuits opposing it. Better to use the 1.6 Billion in new funds to build affordable housing!
I oppose Bill 9. The federal government just allocated $1.6 billion to Maui for housing. There are hundreds of these apartments that are currently for sale. Maui can simply use the federal funds and purchase the number of houses it wants for locals to use as Maui sees fit. At an average price of $800,000 this will buy 2,000 homes. Or Maui could give locals $400,000 for a 50% down payment to make 4,000 homes more affordable. This is a much better solution than pitting us against each other. I am also afraid Maui is in for an expensive legal fight and with a super-conservative Supreme Court the chances of success for Maui are slim.
PLEASE STOP SUPPORTING A BILL THAT YOU DO NOT UNDERSTAND. For those who are supporting Bill 9, do you have any understanding of the properties on the Minatoya List? Do you understand how expensive these properties are to maintain? Do you understand that it will simply be housing, it will not be affordable? Do you understand that families will not be able to live in many of them because there is not ample parking (most only have 1 stall), storage or they cannot afford them? Do you have a clue how much monthly maintenance fees are (most are over $1000 per month)? Do you understand many of these properties have operated as short term rentals since the beginning? Do you understand if a resident works at any job directly or indirectly related to visitor numbers or tourism, they will most likely lose their job or their hours will be cut back once tourism numbers cut back? Do you understand that life is not going to just stay the same & everyone all of sudden has housing? Bill 9 has horrific repercussions to the economy which hurts every local resident regardless if you are born here, transplanted here or part-time here. Do you understand how many businesses the tourists staying in condo's support & keep open year after year? PLEASE STOP SUPPORTING A BILL THAT YOU DO NOT UNDERSTAND.
As the owner of one condominium on the Minatoya List, I am opposed to Bill 9.
But rather than critiquing the Bill, I would like to suggest two alternative ideas to develop affordable housing.
Alternative #1 - Creating a New Industry as an Alternative to Tourism
Let Maui become famous for becoming the island of home builders. We do this by fabricating pre-cut homes, which can be transported to each residential site. After satisfying the demand for new homes on Maui, we can ship containerized pre-cut home kits to the other islands.
Sears, Roebuck & Company manufactured pre-cut home kits between 1910 and 1950.
Here are a few steps to launching this new venture:
• Hire a team of local architects to design ten cookie cutter “Hawaiian style” homes
• These architects will prepare detailed drawings and blueprints, specifying the dimensions and angles how each piece of lumber needs to be cut
• Have the County Planning Department review and approve each of the ten new home drawing sets and give blanket approval – issue over-the-counter building permits to expedite construction on these specific homes
• The County should hire more field inspectors; current inspectors should train new inspectors
• Train local handymen to form small construction companies (ten employees)
• Facilitate new business loans for the new contractors
• Every Maui resident needing a job can work in this new construction industry; anyone not wishing to swing a hammer can work in procurement, purchasing doors, windows, appliances, plumbing fixtures, etc.
• Factories can be open-air workplaces on vacant residential lots, with tents for shading the workers
• Workers cut the lumber to the precise dimensions on the architects’ drawings, label each piece of lumber and put the numbered pieces in shipping containers
• When all parts of each pre-cut home are in the container, it can be trucked to a purchaser’s home site
• Construction contractors can assemble the pre-cut home at the purchaser’s residential lot
• Only local residents will qualify to purchase these pre-cut homes; they must have owned the residential lot for two years and cannot sell to anyone but a local for the next 50 years
I hope the HLU Committee will investigate this suggestion. The County already hired an engineering firm, 4LEAF, Inc, to expedite the approval of residential building permits. Their scope could be expanded to make my suggestion a reality and quickly provide workforce housing.
Tourism would no longer be the Maui’s primary area of employment; proud Hawaiians can boast about their newly acquire ability to build beautiful, affordable homes. And there would be no need to convert condominiums on the Minatoya List to long-term rentals.
Alternative #2 County Purchases Condominiums for Local Residents
The County should purchase all available condominiums directly from the owners at their appraised value. The Maui County Appraiser has done an admirable job of setting the value for every property. Both sellers and buyers must agree to accept this set-valuation without negotiations.
The County will secure funds from banks, mortgage lenders, grants and other financial institutions to be used for providing affordable housing.
The County will hire a team of local Maui realtors to match local buyers with available condominiums. These realtors will offer the County a deep discount on their normal fee to broker these pocket-deals.
The County will arrange contracts, deeds of purchase or rental agreements for local owners. Locals will buy and rent directly from the County.
Thank you for considering my ideas. And please vote to oppose Bill 9.
Mahalo,
Thomas J Victorine
President of the Board of the Makani Sands Condominiums AOAO
3765 Lower Honoapiilani Rd #110
Lahaina, HI 96761
Retired Mechanical Engineer
408-315-6743
My name is Justin, born and raised on Maui, and I’m writing in strong support of Bill 9 — but more specifically, to speak to a deeper issue that this bill has brought to the surface: the misuse of the U.S. Constitution and so-called “property rights” by those who oppose this law in defense of their short-term rental profits.
what we are witnessing is not a defense of constitutional liberty.
It is the repackaging of entitlement as patriotism, and the use of legal language to justify economic colonization.
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🗽 Property Rights or Profit Rights?
Many of the loudest opponents of Bill 9 aren’t from here. They bought up apartment-zoned properties over the last 10–20 years, often sight unseen, with the full intent of operating short-term vacation rentals — not to live here, not to raise a family, and not to contribute to the fabric of our communities.
When faced with the possibility that this activity might be brought into compliance with local zoning laws, they don’t say:
“We understand this place is suffering, and we’re willing to adapt.”
They say:
“You can’t do this. We have constitutional rights. This is America. You’re violating our freedoms.”
But their freedom to profit has come at the cost of our freedom to live. Their gain has become our displacement. Their “rights” have become our crisis.
And yet, they invoke the Constitution as if it grants them absolute license to do as they please — with no regard for community needs, emergency declarations, land-use laws, or the moral weight of the current housing emergency.
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🇺🇸 The Constitution Was Never Meant to Protect Investment Speculation
The U.S. Constitution protects many things: due process, equal protection, the right to own property.
But it does not guarantee the right to operate an unpermitted business in a residential zone.
It does not promise that short-term rental income will be permanent.
It does not shield an investor from market corrections when a local government lawfully changes land-use policy for the public good.
Bill 9 is not a “taking.”
It is a correction of a broken system that has allowed housing for residents to be converted into hotels for tourists — a system that continues to drive local families into homelessness and migration.
The same people crying “constitutional violation” today are the ones who turned their backs when the County asked for help housing fire victims. They refused tax breaks and guaranteed rent programs that would have helped displaced residents — because their bottom line mattered more.
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🧠 Words vs. Actions
Let’s talk about integrity.
The STVR opposition often claims:
• “We support the local economy.”
• “We love Maui and respect its people.”
• “We want to be part of the solution.”
But when it came time to act — to open their doors to fire survivors, to participate in legal conversion, to even engage in compromise — they disappeared. Fewer than 10% of owners stepped up.
Where is the love for Maui in that?
They show up to testify wearing aloha shirts and speaking of community, but their actions say:
“We want Maui on our terms, at our profit, and under our rules.”
They claim this bill infringes on their “American Dream.” But in reality, it’s been a Hawaiian nightmare — a steady erosion of housing, culture, land, and dignity under the weight of unchecked speculation.
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🌊 Constitutional Rights Come With Community Responsibility
You can’t demand the protection of American law while ignoring the responsibilities that come with it.
If you want to operate a hotel, you follow hotel laws.
If you want to do business, you follow zoning regulations.
If you want to live in a community, you contribute to it — you don’t treat it like a cash machine.
The County of Maui has not acted unconstitutionally. It is correcting a loophole that was exploited for far too long.
Bill 9 will not destroy rights — it will restore balance.
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✅ Conclusion: The Truth Is in the Outcomes, Not the Rhetoric
The opponents of Bill 9 speak of rights, but their version of truth ends where their bank statements begin. Their version of freedom has no room for fairness. Their actions speak louder than their words, and their loyalty is not to this place, but to their portfolios.
Meanwhile, we are still here — raising families, working two or three jobs, fighting to stay on our ancestral lands. We cannot afford to be drowned out by cries of “injustice” from those who refuse to even consider what justice means for us.
Pass Bill 9. The Constitution is not on their side. The people are.
This will not solve the housing crisis. It will harm residents and small business owners while enriching hotel chains who send their profits to offshore corporations.
Streamline the building permit process and use county land to build affordable housing
A person from Lahaina Strong just testified (as the last testifier) and had a multi-page document. She said they made a visit to every complex on the Minitoya list. She said only 8 or 9 had offices, all were built for residential use prior to being used for short term rentals. I am only familiar with 2 complexes, Hale Kamaole and Kamaole Sands, and both have offices open every day. I find it hard to believe that there are only a few more.
She also said they looked at the original documents for each complex. Exactly the type of study that should have been done by the County, or at least a neutral party. I don’t trust that the only information the council receives of this type came from a very biased perspective.
I cannot believe that the county did not do a study itself of this type. Shows a lack of interest in having factual information.
I implore the county that prior to making a decision on this bill, the county do it's own study of these items.
I have owned a condo in Kihei since 1984, and there have only been a handful of full time residents at our complex. And they have been owners who previously rented their units as strs and move there full time when they retired. Most of our complex owners know each other as neighbors; but it has never been a place where local Maui residents lived as a community.
I'd also like to let you know that prior to the internet (around 1999-2000), we advertised our unit in a local newspaper and through the travel agent main book (kind of like a nationwide phone book). The unit was rented out about the same as after the internet and vrbo (I have one of the lowest numbers, we were one of their first 8,000 customers. Now they have hundreds of thousands...)
Our complex has historically had owners of middle class families. No owners own 5 or 6 or 20 units. Most have a single unit, some have two (one to rent, one to live in) and there may be one with three. I'm not sure how the proponents of the bill got the idea that we are all billionaires who own many units. We don't make a profit, though our condo was paid for by tourist rentals. It has appreciated a lot, but you have not made that profit until and unless you sell, which we have no intention to do.
I think a great point is made that the County could purchase the ones that have been sitting on the market and not selling. Maybe pay the amount they are assessed at; the amount which we are paying taxes on. The condos in our complex have dropped about 25% in sales price in the last year, and are still not selling. Plus, when we purchased ours, it was very affordable. It could have been purchased by a Maui resident, but was not. I know of at least 7 units in Kihei that were approved for FEMA rental after the fire, that were never rented. It was said that the Lahaina people did not want to live in Kihei. Why would they want to live here now? There are plenty for rent long term in Kihei that are not even rented.
I want to say that it is very disheartening to listen to the testimony. I feel very sorry for the people who need homes. I'm brought to tears as you are. But I just don't think Bill 9 will solve the problem. Plus, I've heard one to many times today that we are no longer welcome on Maui (if we ever were.) It's kind of like, don't come here, but just send your money. I provided my condo free of charge after the fire, nobody ever called me and asked me to. I asked if it was needed. I could not rent long term as we spend months at a time in our unit; and we were scheduled for a major plumbing renovation within the next 18 months. I donate regularly to the Maui Food Bank and Humane Society (and no longer to Maui/Lahaina Strong).
I feel vilified and unwelcome. But I am not going to give away my condo, which seems to be what is being asked of us. Sounds like some would like us to sell for the price we paid, 5, 10, 15, 20, or in my case, 40 years ago. That is unrealistic. That is not going to happen.
I strongly oppose Bill 9
Here’s a clear breakdown of what laws predatory STR investors may have violated, what consequences they face, and how we can legally seize assets under U.S. and international law—especially in cases involving money laundering and housing displacement.
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🔍 Step-by-Step Legal Breakdown: Holding STR Investors Accountable
🔒 I. U.S. Federal Criminal Violations
Crime Statute What They Did Penalties
Money Laundering 18 U.S.C. § 1956 Hid income through LLCs, offshore accounts, or fake names to buy STR properties 🔒 Up to 20 years in prison per count + asset forfeiture
Wire Fraud 18 U.S.C. § 1343 Misused online platforms to collect illegal rent or false permit info 🔒 20 years per offense
Bank Fraud 18 U.S.C. § 1344 Lied on mortgage apps or faked STR income to qualify 🔒 30 years + $1M fine
Civil Conspiracy 18 U.S.C. § 371 Worked with others to defraud the housing system 🔒 5 years per actor
RICO (Racketeering) 18 U.S.C. § 1961–68 Ran multiple illegal rentals as a criminal enterprise 🔒 20 years + asset seizure
Tax Evasion 26 U.S.C. § 7201 Didn’t report STR income or misused deductions 💰 Fines + up to 5 years per offense
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🌐 II. International Human Rights Crimes (ICJ + Rome Statute)
Crime Rome Article Description Penalties
Forcible Transfer of Population Article 7(d) STR saturation forces out native families 🛑 Prosecutable as crime against humanity
Persecution Article 7(h) Displacement targeting cultural groups (e.g., Kanaka Maoli) ⛓ ICJ referral + international sanctions
Unlawful Seizure of Property Article 8(2)(b)(xiii) Co-opting land meant for housing 💼 Legal grounds for international property repatriation
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💼 III. Asset Seizure + Community Compensation Process
1. Investigation via RAIS + Peacekeeper Protocols
• Trace money flow (Airbnb payouts, offshore LLCs, fake EINs)
• Cross-check zoning fraud and shell company trails
2. File Forfeiture Suit
• Under 18 U.S.C. § 981 and § 982: Civil or criminal asset forfeiture
• Can seize STR properties, bank accounts, and profits
3. Redirect Seized Assets
• Send into 12.5% Generational Wealth Trust Fund
• Rehouse displaced families, rebuild fire zones, and launch cultural housing co-ops
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✅ Example: STR Money Launderer in Wailuku
• Owns 4 rentals via Delaware LLCs
• Uses vacation platforms to hide rental income
• Claims local residence, but lives in California
• Never registered with County STR permits
🔒 Faces:
• 3–5 federal crimes
• Up to 50+ years prison exposure
• Full property forfeiture + restitution to affected communities
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🔐 Peacekeeper Enforcement Language
“Any entity operating a short-term rental in violation of local zoning, federal tax laws, or international housing protections shall be subject to full seizure of property under the Peacekeeper Protocol and federal RICO forfeiture. Housing fraud is not a loophole—it’s a crime.”
Please remember what Kihei was first called — “Kamaole” which means barren. It was Barren Beach 1, Barren Beach 2, Barren Beach 3.
When it was developed, it offered a value-priced option for tourists staying on Maui. I rented here for years, until purchasing a small unit on the Montoya list in 2002. We were so happy to own a part of paradise and invest our time and energy in the community.
We slowly tried learning the Hawaiian language. One of my favorite words is “Pono”. What the mayor has proposed is not Pono.
We purchased our condo, for a family vacation spot and a place to visit our many friends from home, who live on Maui for 30 years. My husband is 80 and we have had a business for 48 years.
All our friends in Maui are afraid, if this passes, they all will lose their jobs and then will have no where to live.
We are at Kamaole Sands, we have a busy official front desk, for building security and parking passes.
We own a small 1 bedroom, that we will never long term rent, because we bought it for family, but I am sad fior the employees of our facility.
It seems like there is a pecking order, of who gets no rentals, very unfair.
The hotels are very expensive. Many people I talk to on the mainland, said they will just take their families to Arizona, Florida or Mexico and let them reap the benefits.
Quit giving out more permits for expensive hotels, more condo units to be built.
Take our expensive tax money and build some affordable housing, buildings instead of these expense ones, you are issuing permits for.
It’s just not fair, the way you are handling things.
I had not planned quickly enough to get my main points in voice testimony THIS HAS SOLUTION ideas
Aloha and thank you for hearing me today. My name is Mary Kerstulovich, I have listed to much of the testimony for days and I am opposed to bill 9. I am going to give you a brief background about myself and my family, not because I need any accolades but because I don’t want to be seen as an extractor from the aina and our South Maui community. I am a PTA member, a Little League board member,I became a S Maui HUB for west side support and I feed the less fortunate monthly. We support our community with food. I have a degree in Human resource and business management. I started off cleaning houses from the age of 12, worked my way through college, and at the age of 33 decided to become a Realtor. Not just because of the better-paying job that allowed me to help be here for my kids, but because of a bad experience I had with very little guidance and understanding during the time of predatory lending. Because I was not properly educated, I eventually lost my home to foreclosure. I became a Realtor, to help people achieve their homeownership goals with honest, trusted, educated advice.
I believe as council members you owe it to the community to reach out to local vendors and small business both directly and indirectly who rely on tourism all over the island to see how they are doing? Because this is such a passionate debate many are afraid to speak out. My Hanai Neice works at a boutique in Paia and her last shift she sold $50 in merchandise. Businesses are already struggling.
I do know with every problem is a solution and condos are not the way. Example: I do know a Kahana Reef one bedroom maintenance fee is $2005 a month and a studio next door is $1405 per month. And many of the long-term condo maintenance fees have climbed to nearly $900 per month. If the council has not been provided real numbers on all of the costs I am happy to help provide that in the future.
Rising costs are nationwide issue. Inflation and unaffordability, has impacted us all.
I am not an economist and I can’t warrant some of the following numbers but with some research I found:
I feel Maui Countys systems are old and anequated.
Change the property tax basis to IMMIDEAATLEY at purchase to reflect homeowner exemptions and rates.
Reform of all social programs which are impossible to qualify for
Reform the home permitting process.
I also believe that close to 70% of all TAT and GET tax doesn’t even stay here. It goes to Oahu. Our parks, our streets, our teachers, our keiki and community deserves to truly benefit from what income is made here. NOT OAHU.
1. Land issues: The Maui County master plan was made long ago. I believe in the 1960’s. Less than 10% of the island is allocated to build on. Currently I think we are at around 6% of that building. This and water issues have previously haulted many affordable home projects of the past. Many people don’t know that it was once a requirement to build affordable with all development and at some point someone in the county approved just taking money from the builders and reliquinsed that much needed requirement? This is why many affordable projects have ceased to exsist for too many years.
2. Permitting: A Slow and cumbersome process: Kilohana Makai. 28 homes in Kihei sold 5 years ago. 5 years later the builder is still waiting for building permits. That is 28 families that could have had housing years ago.
3. One recent success story on the West Side. Ka La’i Ola a new tiny home community that has been built since the fires of which all of now has the infrastructure to be able to support a true subdivision in the future. It is my understanding Governor Green had to get involved for this engineer and builder to proceed at a record rate of 10 months! Again, why our Maui County permitting system is not supporting rebuilding of Lahaina and new homes for our local families is beyond me.
4. Water/Wai: Hotels in many coastal regions around the world are required to install desalinization systems in tourist-heavy resorts. This to my knowledge has not been required at all on Maui. Hotels in most cases were built after 1989.
ALSO Not one person has identified that all of the water systems on this island were privately sold off at one time. We don’t have a water issue we have an infrastructure issue. I do know Maui County is working on at least two old wells to make them operational again. The question is why are all of the new restaurants/fast food companies coming to our island with quick approvals and just this week Mahi Pono was granted approval to divert water. The 88 tiny homes across from Kings Cathedral are just now getting water. What is the obstacle to overcome to get water to the families, homes, and keep the water for small local farms?
5. Housing: Affordable is a word that keeps being thown around. I think affordable is a subjective subject and it is a word of the past. With Current mortgages rates not much is “affordable” but if you have an interest in hearing about costs I have two examples I can provide later.
6. SUBSIDIZE SIZABLE DOWNPAYMENTS: Take all of these funds to help families qualify for loans for the Department of Hawaiian Homelands. I believe there is enough money in the housing fund to subsidize necessary and sizable 20-30% down payments to make things affordable for families to own. The funding has been there for years and with the recent $1.6 billion grant I don’t see how this is not able to be accomplished. Currently, the funds for housing assistance programs are very hard to get qualified for, are too small in dollar amounts, and expire quickly if you don’t use them. This doesn’t help most buyers.
7. And in the case of the future. Why not create a lottery system such as scratch off tickets that ONLY benefits the local families. A steady income stream for everyone of Hawaiian decent, similar to the Native Americans that get funds from various casinos around the US.
I know we can find solutions with the money the state and county currently has to house everyone.
Years ago I was at my friends funteral who we called Hawaiian Brian. I was told
ALOHA
means
Always Love Over Hate Always.
I may not be of Hawaiian decent but I do have Aloha in my heart.
Thank you.
I very strongly oppose Bill 9, thank you for accepting my vote.
I strongly oppose Bill 9. My wife and I have owned a condo at Kamaole Sands for almost 9 years now. Right after the Lahaina fires our son had a destination wedding in Wailea and we had 60 family members and friends join us at Kamaole Sands for the week. Needless to say that our family and friends supported the locals by taking multiple excursions, eating out at local restaurants, rented accommodations locally in Kihei, rented cars from Kihei rent a car, etc…..
Owning a STR in Kihei, my wife and I support the local economy as best as we can by hiring house cleaners, carpet cleaners, handymen-women, AC technicians, local blind company, painters, plumbers, electricians, and the like. I can only speak for ourselves, but I don’t see how the locals will survive financially without the STR’s being a viable employment source for them.
I do believe that implementing the STR ban will be the final “ nail in the coffin” for Maui and it’s local residents.
In order for. Audi to survive, it’s politicians need to STOP sending mixed messages to visitors that, on the one hand are welcoming, and on the other hand sends a message to stay away.
My wife and I, as well as our family, love Maui. Whatever the outcome of Bill #9, we will not be selling our place in Kihei and will not turn it into a long term rental. We do have 2 bedrooms and 2 baths, 1 parking space allocated to us. Our current expenses to keep the place are over $4,000 a month pus $16,000 a year for property taxes. I would imagine not affordable for a local family.
Respectfully submitted
Steven J.Brown
Stevenjbrownlaw@gmail.com
Good afternoon Commitee,
I am strongly opposed to this bill it will hurt local residents and does not solve the housing crisis. We do have a housing crisis but it is due to high rents not no housing. There is housing but it is unreachable financially. I don't have any crazy statistics to add but I can give just an example of who I am and what passing this bill means for me. As well as other hard working locals like myself.
I am a single mother. I work and live in Kihei. I moved over to Maui at 13 yrs old with my single mother to be closer to my grandparents who lived here. I have grown up in Kihei and am a part of this community. I love to be in a place where I still know most everyone that I have grown up with and still see them often throughout town. I get to watch my kids grow up with the kids of kids I grew up with. It's honestly a blessing for us.
Unfortunately, due to high rents and low pay. I have seen many people that I know have to move to the mainland just to be able to survive. I have struggled and continue to struggle myself to stay here close to my family.
I have worked at two separate condo complex (both on the Minatoya list) front desk jobs since I was 19 years old. Once employed by the association and now employed by a short term rentals company that I have now been with for six years. Since being here I have been through a few hard times with no income due to Covid shutdown where I was able to collect some unemployment and then after the fires when our guests were told not to come to Maui. Currently, we are having may cancellations due to Canadians not wanting to visit America and other guests hearing through the news that they are not supposed or allowed to rent from us any longer. Our business has dropped so much that I have been told that I may have my days cut. Not just in hours but 2 or 3 days of my full time job that will be cut.
I live in a low income housing project. My rent is almost $1700. My paychecks are $1300. with other bills and food, gas and nessecities, I can barely make it by and am constantly over draft just to get to the next paycheck. I have to pay my rent in two parts every month because I can never catch up. I struggle very hard and still have no extra money to raise my son with any kind of a lifestyle. I'm always apologizing for not being able to do things with him because we don't just have fun money. If I get cut any hours I could no longer afford to pay my rent. I could be looking at eviction or homelessness. It only takes one paycheck to lose everything. This is a scary situation for me as If I lose days of pay losing my home/rental is almost certain. There are no places on the rental market that are less than what I am paying now as I am constantly looking. There is no where else to go. If I have to look for a new job I don't have experience outside of what I have been doing the last 17 years, and that is a scary thought as well.
Locals, as in residents who live and work here can not afford the high rents and would not be able to afford a tvr turned long term rental even if they really wanted to. They would all have to be rented at almost $4000. a month just to cover the owner's costs. I can barely pay $1500. with my full time job. I do not own anything but I live and work and love this community. I know so many housekeepers, vendors, maintenance people ect. That would all be out of the job and then out of their homes and then out of Maui:(
I am strongly opposed to this bill, it will hurt local residents and does not solve the housing crisis.
We do have a housing crisis but it is due to high rents not no housing. There is housing but it is unreachable financially.
Please, I strongly urge you to think about all the little people like me who will be affected if you pass this bill.
There has to be another way!!
Thank you
I am all for making housing available and not letting outside investors buy homes here to make Airbnb’s and vacation rentals. I do think there should be a provision made for an island residence to be able to vacation rental their home making a piece of pie of the tourism industry. That local families build wealth with the tourism resource why should we only let the corporations get a piece of pie. It’s a little scary handing over the whole tourism industry two big corporations who do not have necessarily best interest in mind.
I write in strong confusion to Bill 9 not because I oppose regulating short-term vacation rentals (STVRs), but because this bill fails to address the core problem: our outdated and ambiguous zoning framework. Rather than surgically correcting the systemic abuse of Apartment-zoned lands by STVR operators, this bill applies a one-size-fits-all ban that creates legal uncertainty, economic disruption, and enforcement confusion—without solving the actual zoning loopholes.
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🧭 THE REAL ISSUE: ZONING FAILURE, NOT JUST USE
The core problem isn’t just the existence of STVRs. It’s that Maui has no designated zone for the unique class of STVR complexes that are not hotels, not residential homes, and not community-friendly.
These complexes—often large-scale and investor-owned—operate in a gray area, exploiting Apartment zones meant for housing. Bill 9 punts the zoning problem instead of fixing it. That’s not planning—it’s political avoidance.
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⚖️ SOLUTION: CREATE A THIRD ZONE FOR STVR COMPLEXES
I propose an alternative path: Maui should create a new zoning designation exclusively for STVR complexes. This zone would:
• Separate high-impact transient uses from residential neighborhoods;
• Reinforce the original intent of Apartment and Residential zoning;
• Restore fairness and clarity in permitting, enforcement, and taxation.
Such a zone could be called “Resort-Hospitality Mixed Use (RHMU)” or “Transient Lodging Overlay Zone” and would apply only to qualified complexes that meet strict standards—such as infrastructure capacity, location buffers, on-site management, and historical use.
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🔍 WHY BILL 9 IS FLAWED WITHOUT A NEW ZONE
❌ Creates Legal Confusion
• Bill 9 treats all Apartment-zoned STVRs as inherently illegal, even though many were built decades ago with County knowledge or tacit approval.
• It opens the door to regulatory takings claims and lawsuits that could cost taxpayers millions.
❌ Ignores Zoning Reform
• Maui still lacks a lawful, designated area for STVRs outside of Hotel/Resort zones.
• Without offering relocation, transition, or zoning correction, Bill 9 forces existing operators into a dead end.
❌ Punishes Without Process
• Many property owners followed existing tax and zoning codes in good faith.
• This bill revokes their use rights with no grandfathering process, no variance path, and no incentive to convert to long-term housing.
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🧩 WHAT A THIRD ZONE FIXES THAT BILL 9 IGNORES
Problem Bill 9 Third STVR Zone
Zoning Abuse Ignores it Solves it with clear legal designation
Legal Risk High Reduced through lawful rezoning and transition
Enforcement Complex Easier via geo-fencing, licensing, taxation
Public Trust Undermined Rebuilt through clarity, fairness, and process
Housing Crisis Marginal impact Managed transition of STVRs to legal use or long-term housing
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💡 MAUI NEEDS LAW, NOT LITIGATION
Bill 9 will trigger legal battles, not resolution. A true solution must include zoning modernization—something this bill entirely avoids.
Instead of banning by fiat, create a lawful, limited, high-standard STVR zoning designation and offer a fair process for existing complexes to transition. This protects:
• Our housing stock,
• Our economy,
• Our tax base,
• And our residents.
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✅ RECOMMENDATIONS
1. Defer or reject Bill 9 until a comprehensive zoning reform is included.
2. Convene a task force to define and propose a third STVR zoning category.
3. Conduct a legal and fiscal impact study on takings, tax losses, and economic displacement resulting from Bill 9 as written.
4. Enforce STVR limits through zoning, not retroactive bans that violate property rights.
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👣 CONCLUSION
Bill 9 is not a plan—it’s a reaction. It sacrifices long-term legal integrity for short-term political points. I urge the Council to lead with vision, not vengeance.
Let’s create a zoning framework that respects the law, protects residents, and charts a stable path forward.
Respectfully submitted,
Name withheld
Aloha, My name is Nancy MacPherson and I own a STR property in Maui County, I’d like to express my strong opposition to the proposed legislation to phase out more than 7,000 vacation rentals.
I’m a responsible and community-oriented owner. I recommend local restaurants and tour guides in my welcome guide. I employ local service providers (cleaners, maintenance techs, landscapers,etc) as well as used local contractors when I remodeled 5 years ago. In addition, my guests help support multiple small businesses during their stays.
After the fire, I opened my home for several months-at no cost-to a local family who lost their home. I care about this community and am doing my part to be a good neighbor.
Owning in my complex hasn’t been easy. We’ve faced huge maintenance costs, special assessments and massive insurance increases after the fire. These aren’t luxuries-they’re costs that ensure the property remains safe, functional, and appealing. STR income helps cover those costs while supporting local workers:
This legislation feels rushed and one-sided. I urge the Council to work with owners like me to find a fair and balanced path moving forward. Please choose to protect local jobs, support the economy, while hold STR owners to high standards, instead of phasing us out.
Mahalo for your time and consideration.
With Aloha,
Nancy Macpherson
Email: Nancy.r.macpherson@gmail.com
Please oppose Bill nine and adopt a rational way that residence of Maui can have low cost housing!
I am writing this testimony as a LOCAL resident with deep ties to our community. I have lived here all my life. My parents were born and raised here. My mother is from Lahaina and both of my parents graduated from Lahaina Luna High School. So our family is connected to this island and community too. I am Hawaiian along with my children and grandchildren. So I wanted their voice to be heard as well as my own. I wanted to be a voice for perhaps a vey small minority of Born and Raised Short Term Vacation Rental Owners. This place is our home and our Gem. My father-in law purchased this parcel and made it a home for his wife and 6 children who all were born and raised here on Maui. He loved and adored his paradise on Halama Street. My father in law worked his butt off for this place. My in-laws along with my brother in-law and some of our most beloved family pets have their ashes scattedred right in front of our home/Short Term Vacation Rental. My husband currently lives on this property and is constantly taking care of this property that my father in law has blessed us with and we that we are blessed everyday we thank God for this place.
We are not investment owners, nor do we live off in a far away land, nor do we have a bank account that is overflowing with riches. We do not make a fortune with our property. Both myself and my husband work 2 jobs and top of taking care of our vacation rental just to provide for our family and to insure that this property stays in our family. This is our family's investment and we take pride in it. We supported Fire Victims right after the disaster in Lahaina. We have hosted many local families, other local families class reunions, we have opened it up for Church members who are traveling to Maui, we've hosted sports teams from outer islands and well as Coaches from the Mainland at no charge to them this is our and and we do give back to our community is this way and we are not taking and taking as I have heard in some past testimonies. We are Blessed and we understand that, but we to are in in just to keep this home in our family for the next heneration to come. If we lost this opportunity to continue as a Short Term Vacation Rental how are we suppose to survive with Renting our units as long term rentals we do no see it as a viable option for our family. We would probably have to sell it to a outside investment company. Our home is the last of 2 original families left on this street so I DEFINATELY OPPOSE THIS BILL IT WILL NEGATIVELY IMPACT MY FAMILY AND GENERATIONS TO COME FOR ME AND MY OHANA. Thank you.
I strongly oppose Bill 9 as it will destroy the local economy and there will be many lawsuits opposing it. Better to use the 1.6 Billion in new funds to build affordable housing!
I oppose Bill 9. The federal government just allocated $1.6 billion to Maui for housing. There are hundreds of these apartments that are currently for sale. Maui can simply use the federal funds and purchase the number of houses it wants for locals to use as Maui sees fit. At an average price of $800,000 this will buy 2,000 homes. Or Maui could give locals $400,000 for a 50% down payment to make 4,000 homes more affordable. This is a much better solution than pitting us against each other. I am also afraid Maui is in for an expensive legal fight and with a super-conservative Supreme Court the chances of success for Maui are slim.
PLEASE STOP SUPPORTING A BILL THAT YOU DO NOT UNDERSTAND. For those who are supporting Bill 9, do you have any understanding of the properties on the Minatoya List? Do you understand how expensive these properties are to maintain? Do you understand that it will simply be housing, it will not be affordable? Do you understand that families will not be able to live in many of them because there is not ample parking (most only have 1 stall), storage or they cannot afford them? Do you have a clue how much monthly maintenance fees are (most are over $1000 per month)? Do you understand many of these properties have operated as short term rentals since the beginning? Do you understand if a resident works at any job directly or indirectly related to visitor numbers or tourism, they will most likely lose their job or their hours will be cut back once tourism numbers cut back? Do you understand that life is not going to just stay the same & everyone all of sudden has housing? Bill 9 has horrific repercussions to the economy which hurts every local resident regardless if you are born here, transplanted here or part-time here. Do you understand how many businesses the tourists staying in condo's support & keep open year after year? PLEASE STOP SUPPORTING A BILL THAT YOU DO NOT UNDERSTAND.
As the owner of one condominium on the Minatoya List, I am opposed to Bill 9.
But rather than critiquing the Bill, I would like to suggest two alternative ideas to develop affordable housing.
Alternative #1 - Creating a New Industry as an Alternative to Tourism
Let Maui become famous for becoming the island of home builders. We do this by fabricating pre-cut homes, which can be transported to each residential site. After satisfying the demand for new homes on Maui, we can ship containerized pre-cut home kits to the other islands.
Sears, Roebuck & Company manufactured pre-cut home kits between 1910 and 1950.
Here are a few steps to launching this new venture:
• Hire a team of local architects to design ten cookie cutter “Hawaiian style” homes
• These architects will prepare detailed drawings and blueprints, specifying the dimensions and angles how each piece of lumber needs to be cut
• Have the County Planning Department review and approve each of the ten new home drawing sets and give blanket approval – issue over-the-counter building permits to expedite construction on these specific homes
• The County should hire more field inspectors; current inspectors should train new inspectors
• Train local handymen to form small construction companies (ten employees)
• Facilitate new business loans for the new contractors
• Every Maui resident needing a job can work in this new construction industry; anyone not wishing to swing a hammer can work in procurement, purchasing doors, windows, appliances, plumbing fixtures, etc.
• Factories can be open-air workplaces on vacant residential lots, with tents for shading the workers
• Workers cut the lumber to the precise dimensions on the architects’ drawings, label each piece of lumber and put the numbered pieces in shipping containers
• When all parts of each pre-cut home are in the container, it can be trucked to a purchaser’s home site
• Construction contractors can assemble the pre-cut home at the purchaser’s residential lot
• Only local residents will qualify to purchase these pre-cut homes; they must have owned the residential lot for two years and cannot sell to anyone but a local for the next 50 years
I hope the HLU Committee will investigate this suggestion. The County already hired an engineering firm, 4LEAF, Inc, to expedite the approval of residential building permits. Their scope could be expanded to make my suggestion a reality and quickly provide workforce housing.
Tourism would no longer be the Maui’s primary area of employment; proud Hawaiians can boast about their newly acquire ability to build beautiful, affordable homes. And there would be no need to convert condominiums on the Minatoya List to long-term rentals.
Alternative #2 County Purchases Condominiums for Local Residents
The County should purchase all available condominiums directly from the owners at their appraised value. The Maui County Appraiser has done an admirable job of setting the value for every property. Both sellers and buyers must agree to accept this set-valuation without negotiations.
The County will secure funds from banks, mortgage lenders, grants and other financial institutions to be used for providing affordable housing.
The County will hire a team of local Maui realtors to match local buyers with available condominiums. These realtors will offer the County a deep discount on their normal fee to broker these pocket-deals.
The County will arrange contracts, deeds of purchase or rental agreements for local owners. Locals will buy and rent directly from the County.
Thank you for considering my ideas. And please vote to oppose Bill 9.
Mahalo,
Thomas J Victorine
President of the Board of the Makani Sands Condominiums AOAO
3765 Lower Honoapiilani Rd #110
Lahaina, HI 96761
Retired Mechanical Engineer
408-315-6743
Aloha Chair and Councilmembers,
My name is Justin, born and raised on Maui, and I’m writing in strong support of Bill 9 — but more specifically, to speak to a deeper issue that this bill has brought to the surface: the misuse of the U.S. Constitution and so-called “property rights” by those who oppose this law in defense of their short-term rental profits.
what we are witnessing is not a defense of constitutional liberty.
It is the repackaging of entitlement as patriotism, and the use of legal language to justify economic colonization.
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🗽 Property Rights or Profit Rights?
Many of the loudest opponents of Bill 9 aren’t from here. They bought up apartment-zoned properties over the last 10–20 years, often sight unseen, with the full intent of operating short-term vacation rentals — not to live here, not to raise a family, and not to contribute to the fabric of our communities.
When faced with the possibility that this activity might be brought into compliance with local zoning laws, they don’t say:
“We understand this place is suffering, and we’re willing to adapt.”
They say:
“You can’t do this. We have constitutional rights. This is America. You’re violating our freedoms.”
But their freedom to profit has come at the cost of our freedom to live. Their gain has become our displacement. Their “rights” have become our crisis.
And yet, they invoke the Constitution as if it grants them absolute license to do as they please — with no regard for community needs, emergency declarations, land-use laws, or the moral weight of the current housing emergency.
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🇺🇸 The Constitution Was Never Meant to Protect Investment Speculation
The U.S. Constitution protects many things: due process, equal protection, the right to own property.
But it does not guarantee the right to operate an unpermitted business in a residential zone.
It does not promise that short-term rental income will be permanent.
It does not shield an investor from market corrections when a local government lawfully changes land-use policy for the public good.
Bill 9 is not a “taking.”
It is a correction of a broken system that has allowed housing for residents to be converted into hotels for tourists — a system that continues to drive local families into homelessness and migration.
The same people crying “constitutional violation” today are the ones who turned their backs when the County asked for help housing fire victims. They refused tax breaks and guaranteed rent programs that would have helped displaced residents — because their bottom line mattered more.
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🧠 Words vs. Actions
Let’s talk about integrity.
The STVR opposition often claims:
• “We support the local economy.”
• “We love Maui and respect its people.”
• “We want to be part of the solution.”
But when it came time to act — to open their doors to fire survivors, to participate in legal conversion, to even engage in compromise — they disappeared. Fewer than 10% of owners stepped up.
Where is the love for Maui in that?
They show up to testify wearing aloha shirts and speaking of community, but their actions say:
“We want Maui on our terms, at our profit, and under our rules.”
They claim this bill infringes on their “American Dream.” But in reality, it’s been a Hawaiian nightmare — a steady erosion of housing, culture, land, and dignity under the weight of unchecked speculation.
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🌊 Constitutional Rights Come With Community Responsibility
You can’t demand the protection of American law while ignoring the responsibilities that come with it.
If you want to operate a hotel, you follow hotel laws.
If you want to do business, you follow zoning regulations.
If you want to live in a community, you contribute to it — you don’t treat it like a cash machine.
The County of Maui has not acted unconstitutionally. It is correcting a loophole that was exploited for far too long.
Bill 9 will not destroy rights — it will restore balance.
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✅ Conclusion: The Truth Is in the Outcomes, Not the Rhetoric
The opponents of Bill 9 speak of rights, but their version of truth ends where their bank statements begin. Their version of freedom has no room for fairness. Their actions speak louder than their words, and their loyalty is not to this place, but to their portfolios.
Meanwhile, we are still here — raising families, working two or three jobs, fighting to stay on our ancestral lands. We cannot afford to be drowned out by cries of “injustice” from those who refuse to even consider what justice means for us.
Pass Bill 9. The Constitution is not on their side. The people are.
Mahalo,
Justin Rante