S.T.R. – Stealing Tomorrow’s Roots

Explanation:
• Stealing – because it extracts from communities without replenishment
• Tomorrow’s – because it undermines future generations’ chance to live here
• Roots – because it displaces those with ancestral, cultural, and working-class ties to the land

STRs do not just take housing—it Steals Tomorrow’s Roots. And we’re done letting it.

Taking possession of two of anything when you only need one—while someone else has none—is a form of structural greed that violates the basic ethics of equity, empathy, and shared survival.

At its root, it’s a breach of pono (moral balance), kuleana (responsibility), and aloha (love and respect). Whether it’s food, housing, or land, this behavior elevates excess over justice and personal gain over communal well-being.

It echoes this timeless ethical truth found across cultures:

“If you have more than you need, build a longer table, not a higher fence.”

To turn any extra supply of something like housing that you don’t actually need to survive into a commodity, while others go without basic needs isn’t just selfish—it’s a quiet form of violence against the commons.

Not as a religious reference due to the important separation between church and state, but simply as literary quotes reflecting timeless moral codes shared by billions worldwide, I’m going to leave these quotes here:

1. “Truly I tell you, just as you did it to one of the least of these who are members of my family, you did it to me.”
– Matthew 25:40
2. “But when you give a banquet, invite the poor, the crippled, the lame, and the blind. And you will be blessed, because they cannot repay you.”
– Luke 14:13–14
3. “But woe unto you that are rich! for ye have received your consolation.”
– Luke 6:24 (KJV)
4. “If you wish to be perfect, go, sell your possessions, and give the money to the poor, and you will have treasure in heaven; then come, follow me.”
– Matthew 19:21
5. “At his gate lay a poor man named Lazarus, covered with sores… the poor man died and was carried away by the angels to be with Abraham.”
– Luke 16:20–22
6. “Foxes have holes, and birds of the air have nests; but the Son of Man has nowhere to lay his head.”
– Matthew 8:20
7. “Blessed are you who are poor, for yours is the kingdom of God. Blessed are you who are hungry now, for you will be filled.”
– Luke 6:20–21

8. “It is easier for a camel to go through the eye of a needle than for someone who is rich to enter the kingdom of God.”
– Mark 10:25
9. “My house shall be called a house of prayer; but you are making it a den of robbers.”
– Matthew 21:13
10. “Take care! Be on your guard against all kinds of greed; for one’s life does not consist in the abundance of possessions.”
– Luke 12:15

11. “Blessed are the meek, for they will inherit the earth.” — Matthew 5:5

12. “Blessed are the poor in spirit, for theirs is the kingdom of heaven.” — Matthew 5:3

13. “Blessed are you who are poor, for yours is the kingdom of God.” — Luke 6:20

13. “But the meek shall inherit the land, and delight themselves in abundant prosperity.” — Psalm 37:11

14. “But many who are first will be last, and the last will be first.” — Matthew 19:30

15. “All who exalt themselves will be humbled, and all who humble themselves will be exalted.” — Matthew 23:12

16. “He has brought down the powerful from their thrones, and lifted up the lowly; he has filled the hungry with good things, and sent the rich away empty.” — Luke 1:52–53

17. “God opposes the proud but gives grace to the humble.” — James 4:6

STR Bill 9 Maui
Testimony in Support of Bill 9 (Maui STR Phase-Out)
Aloha e lāhui the people’s County Council
O Mōʻī Kawaakoa koʻu inoa no Mauinuiakama mai au o Hāmakualoa koʻu one hānau o Haleakalā kaʻu mauna o Maliko koʻu kahakai, He kanaka kākoʻo i ka poʻe hune and I testify today:
As a lineal descendant disconnected through colonization,
As a member of a stolen and occupied nation,
As a houseless outreach advocate who walks daily with our most vulnerable,
As a resident who was houseless for a month, and who now pays $5,000 a month committed to my kuleana to stay housed in my own homeland—
I am here to urge you to pass Bill 9.
I support this bill because I believe in the kuleana of restoration—not just for land, but for people, for families, and for our future generations. Bill 9 is not just about short-term rentals. It’s about long-term survival for those who have been systematically pushed to the margins.
I speak for Lahaina who has lost so much more then just homes, for those whose homes were bought out from under them, whose rents quadrupled overnight, whose children sleep in tents just minutes away from luxury condos that sit empty half the year. You cannot say you care about our housing crisis and then protect 6,000+ units that were never built for tourists in the first place.
These STRs were apartment-zoned for residents, not profit.
We’ve tried playing nice with the system. It is unjust that we have to beg, bargain, and hope for solutions that center our people. Instead, we watched Lahaina burn, only to see developers salivate over land our ancestors are buried in. We watched housing turn into commodities, and community get swallowed by greed.
Now we’re told Bill 9 will hurt the economy. But let me ask you this:
Whose economy are you protecting?
Because the economy of kanaka, kūpuna, and keiki—living paycheck to paycheck, or unsheltered on county land—is already shattered.
I support Bill 9 because we cannot fix this housing crisis without bold, corrective action. These STR units are part of the problem. As representatives of our people return these homes for their intended purpose: to house our people.
Even if only 10% convert to long-term rentals—that's hundreds of homes. Homes for teachers, kūpuna, fire survivors, and yes, the Maui Community who still deserve dignity and doors they can call their own.
We don’t want handouts. We want our fair share of what was stolen from us. We deserve the right to thrive in our homelands.
So I ask you to vote not with fear, but with mana and courage.
Vote not for investors who don’t even live here—but for the families struggling to stay.
Vote for Lahaina. Vote for the lahui.
Pass Bill 9. Please start doing the right thing for the people. Your decision will make a huge impact on many of our lives.
Mahalo.

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.

My name is Hayden Pogni and I srongly oppose Bill 9 becasue it will significaly hurt local Lahaina residences and businesses. I had a LEGAL VACATION RENTAL in Lahaina, most of the handymen, plumbers, landscapers, cleaners who were LOCAL families depended on STR's. Visitors want the freedom to choose to stay in a Legal Vacation Rental due to the kitchen and space they offer for thier families. This enables visitors shop at local grocery stores. There’s no evidence this bill will lead to more long-term rentals—but there’s guaranteed economic harm to jobs and families. New York implemented a similar law, the result was little to no efffect on the housing issue and resulted in a significant loss of income to the city. Most of the properties on this list are either multi-million dollar properties which are unrealistic for long term rentals or older condos which has undergone so many speical assessments causing the maintenance fees to be $1500 to $2000 per month which is unrealistic on top of rent or mortgage payments for local families. Not to mention legal STRs pay for 80% of the roads budget for Maui county and 20% of the entire real proeprty tax budget. In additon this is a legally codified use, condo declarations allow for TVR use and was approved by the County when built. These are Gestapo tactics and should not be imposed on hard working local business owners. The real problem is county restrictions on housing. Allow more tiny homes on peoples properties, allow more than one stove per single family homes leading to duplex style living. Allow more Ohanas to be built, etc instead of attacking local business owners. Many people forget that a STR is not a home but a business that people have spent their life savings on.

At This Point I am Posting as Anonymous, if Bill 9 passes as written:

If so: HOA's must be allowed the permit/administrative freedom to shut down STR-like vacation guest services/expenses such as demolition of pools, decks, fencing, landscaping, groundskeeping, on-sight management, on island representation and possibly other basic combined services charge to owners (electric, cable etc). Also the ability to cancel all solar generation leases and convert those solar utilities to direct ownership rather than to offshore investors. Current STR tax rates should be reduced to a lower modified from STR tax rates to non-residential owner occupied tax rates. Guarantee all taxes previously collected and earmarked/appropriated for affordable housing be specifically disbursed, tracked and audited to make actual affordable housing occur or returned with interest to the STR owner.

Pass a referendum for the ban and the use of online platforms (such as Airbnb et al) in the future to promote short term or even hotels accommodations marketed to prospective vacationers or even long term renters. Promote Maui without the use of online platforms.

Aloha Chair Kama, Committee members and fellow residents,

I’m respectfully testifying to point out that it makes absolutely no sense for AOAO operators in Ma’alaea to pocket the probably five-or-six-figure-per-day total revenue from 200-300 STRs in one tiny village, while avoiding more than an estimated $1,437,345 per day in fines per day for illegal discharges by condo AOAOs operating 21 nearshore injection wells that legally require NODES permits because they constitute direct discharges to the ocean by all metrics of the 2020 Lahaina Supreme Court decision, which gives citizen lawsuits astronomical power, with only the maximum penalty fines of over $68K per injection well per day in 2025 limiting potential liability.

The hard work of nearshore injection well accountability is already complete with the favorable SCOTUS decision - a new citizen lawsuit simply enforcing the decision is a lot more simple.

I’m sharing this information to make two very important points:

1. The people of Maui have been extremely patient with this particular illegal cluster of privately-operated injection wells where DLNR describes “total system collapse” of the reef, and the SCOTUS decision requires accountability. Patience is running out.
2. ANY US citizen with 13 envelopes and sheets of paper, a computer and printer, and a pen to sign can follow the below guidance to send the 13 registered US mail letters via registered mail with confirmation of deliver described below that would initiate a citizen suit process timeline, with a 60-day notice window to allow EPA or DOH to enforce first.

I’m not a lawyer and the below is only 100% unverified online research by a citizen activist. That’s not the point. The point is that any member of the public — including those of us with the very least — has been granted huge leverage to escalate this fundamental disagreement over the future of Maui, if they are not happy with the outcome of Bill 9 deliberations.

Knowledge is power, so Bill 9 supporters —consider yourself empowered!

Aloha
—————————
FROM: [your name]
[your email]

DATE: 6/25/2025

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

TO: Defendants

Maʻalaea Banyan AOAO
Maʻalaea Kai AOAO
Island Sands AOAO
Lauloa AOAO
Milowai AOAO
Kanai A Nalu AOAO
Makani A Kai AOAO
Maʻalaea Mermaid AOAO
Maʻalaea Yacht Marina AOAO
Hono Kai AOAO

AND COPIES TO:

Lee M. Zeldin, Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW
Washington, DC 20460
(202) 564-4700

Martha Guzman, Region IX Administrator
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105

Dr. Kenneth S. Fink, Director
Hawaiʻi Department of Health
1250 Punchbowl Street
Honolulu, HI 96813
(808) 586-4410

⸻

RE: 60-Day Notice of Intent to File Suit Under the Clean Water Act for Unpermitted Underground Injection Well Discharges in Maʻalaea, Maui

Dear Recipients:

This letter constitutes formal notice, pursuant to Section 505(b) of the Clean Water Act, 33 U.S.C. § 1365(b), of my intent to file suit for ongoing discharges of pollutants into navigable waters from underground injection wells operated by the above-listed condominium associations. These discharges have occurred without requisite NPDES permits since the Supreme Court’s decision in County of Maui v. Hawai‘i Wildlife Fund, 140 S. Ct. 1462 (2020), and continue to this date.

Extensive monitoring data indicates multiple exceedances of Hawaiʻi’s Marine Water Quality Standards—including Total Nitrogen up to 1,594× the HAR limit and Total Phosphorus up to 1,320× — posing serious threats to the environment and local coral reefs.

Should the violations not be addressed within 60 days, I intend to file a citizen suit in U.S. District Court for the District of Hawaiʻi, seeking injunctive relief, civil penalties (up to $68,445 per day per violation), and recovery of legal fees and costs.

I remain open to discussing possible remediation or settlement within this period.

Sincerely,
[your name]

—————————————
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI'I

CIVIL ACTION FOR VIOLATIONS OF THE CLEAN WATER ACT

Plaintiff: [your name]

Defendants:

1. Ma'alaea Banyan AOAO
190 Hauoli Street, Wailuku, HI 96793

2. Ma'alaea Kai AOAO
70 Hauoli Street, Wailuku, HI 96793

3. Island Sands AOAO
150 Hauoli Street, Wailuku, HI 96793

4. Lauloa AOAO
100 Hauoli Street, Wailuku, HI 96793

5. Milowai AOAO
50 Hauoli Street, Wailuku, HI 96793

6. Kanai A Nalu AOAO
250 Hauoli Street, Wailuku, HI 96793

7. Makani A Kai AOAO
300 Hauoli Street, Wailuku, HI 96793

8. Ma'alaea Mermaid AOAO
20 Hauoli Street, Wailuku, HI 96793

9. Ma'alaea Yacht Marina AOAO
30 Hauoli Street, Wailuku, HI 96793

10. Hono Kai AOAO
280 Hauoli Street
Wailuku, HI 96793

---

COMPLAINT

Plaintiff, [your name], by and for his Complaint against the above-named Defendants, alleges as follows:

I. INTRODUCTION

This is a citizen suit brought under Section 505 of the Federal Water Pollution Control Act, commonly known as the Clean Water Act ("CWA"), 33 U.S.C. § 1365. Plaintiff seeks civil penalties and injunctive relief for unauthorized discharges of pollutants into waters of the United States by Defendants, who own and operate injection wells at condominium properties in Ma'alaea, Maui, Hawai'i. These wells are functionally equivalent to direct discharges without the required National Pollutant Discharge Elimination System (NPDES) permits.

II. JURISDICTION AND VENUE

This Court has subject matter jurisdiction under 33 U.S.C. § 1365(a) and 28 U.S.C. § 1331. Venue is proper under 33 U.S.C. § 1365(c)(1) because the source of the alleged violations is located within this judicial district.

III. PARTIES

Plaintiff [your name] is a resident of Maui, Hawai'i and has been harmed by the degradation of nearshore marine ecosystems caused by nutrient, pathogen and other pollution from Defendants' unpermitted discharges.

Each Defendant AOAO owns and operates two underground injection wells for disposal of treated domestic wastewater on its property in Ma'alaea, Maui.

IV. VIOLATIONS

Each Defendant has violated the Clean Water Act by operating injection wells that discharge pollutants functionally equivalent to a direct discharge to the Pacific Ocean without an NPDES permit. The violations began at least as early as April 23, 2020—the date of the Supreme Court's ruling in County of Maui—and continue to the present.

V. PENALTIES

Under 33 U.S.C. § 1319(d) and 40 C.F.R. § 19.4 (2025), Defendants are subject to a maximum civil penalty of $68,445 per day, per violation.
• 9 AOAOs each have 2 injection wells = 18 wells
• 1 AOAO (Maʻalaea Kai) has 3 injection wells
• Total wells = 21
• Violation period = 1,889 days since SCOTUS ruling until 6/25/2025
• Maximum daily penalty = $68,445 per well

⸻

Penalty Calculations:
• Per well:
1,889 days × $68,445/day = $129,337,605
• Total for 21 wells:
21 × $129,337,605 = $2,716,089,705

⸻

Total maximum Clean Water Act penalty:
$2,716,089,705
(based on 21 unpermitted injection wells across 10 condominium properties)

VI. RELIEF REQUESTED

Plaintiff respectfully requests that the Court:
1. Declare that Defendants are in violation of the Clean Water Act;
2. Enjoin further unauthorized discharges and order immediate compliance with NPDES requirements;
3. Assess maximum civil penalties against each Defendant;
4. Award Plaintiff costs, including reasonable attorney fees; and
5. Grant any other relief the Court deems just and proper.

————————————

How to Execute a Clean Water Act Citizen Lawsuit

1. Prepare and Send a 60-Day Notice of Intent to Sue
• Who to Notify (via certified mail):
• Each violating party (e.g., AOAOs)
• Administrator of the U.S. EPA
• Regional EPA Administrator (Region IX for Hawai‘i)
• Director of the Hawai‘i Department of Health (DOH)
• Contents of the Notice must include:
• Name and contact info of the complainant
• Description of the violations (dates, pollutants, monitoring results)
• Legal basis under 33 U.S.C. § 1365(b)
• Specific facilities involved
• Relief sought (penalties, injunctions)
• Wait 60 Days from the postmark date to give EPA or DOH a chance to act.

2. Draft and File the Complaint in Federal Court
• Court: U.S. District Court for the District of Hawaiʻi
• Parties: Include plaintiff and all violating AOAOs as named defendants
• Complaint Must Include:
• Jurisdiction and venue (under 33 U.S.C. § 1365 and 28 U.S.C. § 1331)
• Standing (how you’re harmed - physically, emotionally, mentally)
• Summary of violations
• Requested remedies (civil penalties, injunction, legal costs)
• Attach the original 60-day notice letter as an exhibit
• Filing Fee: $405 (as of 2025)
• File in Person or Online:
• In person: Clerk’s Office, U.S. District Court, 300 Ala Moana Blvd, Honolulu, HI
• Online: https://www.hid.uscourts.gov via CM/ECF (if you have an attorney or court-approved pro se e-filing access)

3. Serve the Complaint and Summons
• Within 90 Days of Filing:
• Serve each defendant AOAO via certified mail or personal service (as per FRCP Rule 4)
• Also serve EPA Administrator, Regional EPA, and Hawaiʻi DOH again
• Include:
• Stamped copy of the complaint
• Civil cover sheet
• Summons (issued by the clerk of court)

4. Monitor Responses and Litigation Timeline
• Defendants must respond within 21 days after service
• Court will set a scheduling conference
• You may be required to attend early settlement conferences or discovery

5. If you can’t afford the $405 filing fee to bring a Clean Water Act citizen suit, you may apply for “in forma pauperis” status. This allows you to file without paying court fees by submitting a financial affidavit (Form AO 239). If approved, you can proceed with your case at no cost, and the court may even serve the defendants for you.

Aloha Maui Council,
I strongly oppose Bill 9 for the reasons that opponents have outlined: loss of 1800-2000 jobs, negative impact to the local economy including a $900 million decline in visitor spending, loss of nearly $60 million in annual property tax revenue, and the long/expensive legal fights that will ensue in the courts for years.
The affordable housing crisis cannot be ignored but STRs are not affordable housing. We need housing, but creating other disastrous and expensive economic and legal issues with Bill 9 is not the answer to Maui's crisis. Please think long-term as well as short-term for solutions.
Mahalo

Aloha,

Thank you for accepting my testimony today. 

I was born and raised in Maui.
I am a fiancé, a daughter, a sister and a small business owner.
I have been self employed since December of 2020 and have successfully started and grown 2 business since then, with the love and support of my family and community.

I am a proud small business owner!

I am writing to you today because I STRONGLY OPPOSE to the phasing out of short term rentals on Maui.

In 2020, I would have never imagined what my life would have been like today. I started my business with two dreams, to one day be able offer my family job opportunities that would give them financial freedom and time to enjoy life and to build a successful business to hand down to my little brother so he will never have to leave our beautiful home Hawaii.

It is now 2025, and I have achieved one goal. I currently employ my fiancé, my aunty, my cousin and grandmother.
All that would not have been achievable if I did not have the contacts and support from property management companies and short term rentals.
My family works for my cleaning business and that business is 100% dependent on short term vacation rentals. My air conditioning business is 80% short term vacation rentals and 20% residential.

My cleaning business means more to me than many will ever understand or comprehend. Some may think it’s because of how profitable it can be but in reality it’s because what it’s given my family and I. A quick backstory to help you folks understand how desperate I am to keep this business growing.

My fiancé worked for a big corporation, overworked and underpaid, depressed and in a very dark place. She now is a shining light, in any room she walks in. She is appreciated at her job, paid for her hard work and thriving in her day to day life.

My aunty is 58 years old, she has had to work 3-4 jobs in order to make ends meet, constantly looking for more, always working and never seen or heard from because she was juggling her never ending schedule, all while unhappy and struggling financially. She now can confidently pay her bills, WORK ONE JOB and spends her time before work and after work with those who matter most, FAMILY.

My family means more to me than any dollar bill will ever mean. This business is more than a paycheck, this business is our life.
The amount of time we get to spend together cleaning condos, morning breakfast meetings and after work beach dips. All could not be possible if we did not have the opportunities short term vacation rentals give us. A perfect schedule, a healthy and safe work environment and an absolute dream job!

I am a young Hawaiian girl, born and raised on Maui, I have worked so hard to get to where I am today. I cannot imagine losing my passion, my livelihood, my happy and healthy family.

Hawaii is often overlooked, and I am determined to be more than just another local kid. I have done my part to take the right steps towards success and I do not want to lose everything I worked hard for.

I write to you today, to beg you to hear my cries to keep short term vacation rentals alive so we can continue to thrive for a better and healthier lifestyle.

Mahalo for your consideration!

I am writing to express our strong opposition to the proposed bill.

Our personal story:

In March 2023, my husband and I purchased a condo at Kahana Reef in Lahaina specifically with the intention of operating it as a short-term rental. This decision was not made lightly. My mother sold her home and moved in with us and her sisters so we could combine those funds with our personal savings to make this purchase a reality. It was both a business investment and a dream—one we hoped might one day allow us to spend time there ourselves.

We made a substantial down payment of $300,000, but still carry a $500,000 loan. Between the mortgage and high HOA fees, our monthly expenses total over $6,500. Even if the value of our unit were to drop to $400,000, our mortgage would still cost around $3,500 per month—plus over $2,000 in HOA dues. That’s a total of approximately $5,500 a month, making it financially impossible to convert this into a long-term rental or personal residence.

We fully support efforts to create affordable housing for local residents, but this bill targets owners like us who have made large financial commitments based on existing rules. Turning STRs into long-term housing without addressing the underlying costs or offering realistic alternatives would be financially devastating to families like ours.

We urge you to consider a more balanced approach that protects local residents and small STR owners who invested in good faith.
Thank you

Aloha. I am here to oppose this bill. There are more then 7000 people who will be out of jobs. What will you do when we all go homeless? What will you do when locals don't follow rules and regulations within these complexes? Do you have enough police staff to co trol the locals? Remember there is 1 parking stall per unit at these complexes. Where will people park their other cars? Who's going to be paying for all the damages these locals do to these units? The list can go on and on but will the drama end? Absolutely not. These fire victims have enough money to buy a 1 million dollar home plus rebuild. 5 new complexes have been built but still locals do not want condos apartments townhouses. They want houses with garages backwards rooms big enough for their families. I have adopted over 10 pets... if I lose my job who's going to support all these animals on island? We need to get these people off EBT section 8 finically aide and get them to work. The state keeps giving into these non workers who just keep having kids abd the state keeps supporting them. Enough is enough. Go after all the STRs who are not paying their AOAO or HOA fees and their taxes though the state. What about the people who are scamming the state and claiming they are from Lahaina. I can give you a list on both ends who's not obeying the laws. Let's through then in jail. Bissen and counsel please wake up and do research and reach out to those who can throw everyone under and start there. Thank you for your understanding.

Bill 9 is not the solution to housing crisis in Maui, changing the permitting policies and building more affordable housing is. Those condos were there as STRs for 40+ years to help tourism, which the main industry in Maui, not only allow many residents own small businesses, instead of working for the hotels and make minimum wages, also attracted many tourists to boost of the local economy. We have heard again and again we couldn’t build a more houses because of lack of water, but we see a new big hotel was built in Kihei in recent years. If water is the problem to build a more affordable housing that’s to solve the water problem. Not becoming Anti-tourism island that people don’t feel welcomed to visit anymore. From online search, there are 200+ homes that’s listed for Long-term rental in Maui right now. The rent are affordable, but they cannot find the qualified or willing renters. Let’s really focused on housing crisis, how to help people find housing and build more affordable housing, instead of trying to cut the hands that feed the mouth, destroy the tourism industry in Maui.

Aloha Councilmembers,

I am writing to express my strong support for Bill 9, which proposes to phase out short-term rentals in apartment-zoned areas on Maui.

The continued proliferation of short-term vacation rentals (STRs) has devastated our long-term housing market, displacing local families and driving up rents beyond affordability. In many neighborhoods, the sense of community has been eroded by constant tourist turnover. Working people — teachers, nurses, farmers, kūpuna, and Native Hawaiians — are being priced out of their own island. This is unacceptable.

Maui is in the midst of a housing crisis, made worse by the destruction of hundreds of homes in the Lahaina fire. We cannot allow housing to be treated as a commodity for profit at the expense of our people. STRs belong in resort zones, not residential and apartment-zoned communities meant to house local residents.

Bill 9 is a critical step toward restoring housing equity, preserving the cultural and social fabric of Maui, and ensuring that those who call this place home can actually live here. I urge you to pass this bill without delay or weakening amendments.

Mahalo for your courage and leadership in standing up for the people of Maui.

Sincerely,
Jessie Nogaro

My name is Nancy MacPherson, and I own a short-term rental property in Maui County. I am writing today to express my strong opposition to the proposed legislation to phase out more than 7,000 vacation rentals.

I am 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, and landscapers), as well as using local contractors when I remodeled my home a few 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 with a young child who lost their home. I care about this community and am doing my part to be a good neighbor and involved community member.

Owning in my complex has not been easy. We’ve faced huge maintenance costs, special assessments, and massive increases in insurance after the fires. These aren’t luxuries — they’re costs that ensure the property remains safe, functional, and appealing. Short Term Rental income helps cover those costs while supporting local workers.

This legislation feels rushed and very one-sided. I urge the Council to work with owners like me to find a fair and balanced path forward — one that protects local jobs, supports the economy, and holds STR owners to high standards, instead of phasing is out completely.
Mahalo for your time and consideration.
Nancy MacPherson
Email: nancy.r.macpherson@gmail.com

Introduction
This memorandum addresses the significant legal issues raised by the passage of Bill 9 (CD1), which seeks to phase out approximately 7,000 legally operating short-term rental (STR) units in apartment-zoned areas of Maui County by 2026. While the County has a legitimate interest in addressing housing and community concerns, the bill presents serious legal deficiencies that render it vulnerable to constitutional and statutory challenges.

Summary of Legal Objections
Violation of Vested Rights and Zoning Estoppel
Many owners and operators of STR units in apartment zones have relied on explicit county zoning designations and building permits allowing transient vacation use. In some cases, this reliance stretches back decades. Under Ka Pa‘akai o Ka‘Aina v. Land Use Comm’n, 94 Hawai‘i 31 (2000), and the doctrine of zoning estoppel, a government entity cannot revoke property rights that were legally granted and relied upon to the owner’s detriment. The phase-out provisions in Bill 9 unlawfully impair these vested rights.

Impairment of Contracts Clause
The U.S. Constitution (Art. I, § 10) and the Hawaii State Constitution both prohibit laws that substantially impair the obligations of existing contracts. Bill 9 significantly alters the regulatory environment for properties whose owners entered into contractual obligations—such as mortgages, leases, and bookings—based on legal transient use. The abrupt change may be found to violate constitutional protections, particularly under the Allied Structural Steel Co. v. Spannaus, 438 U.S. 234 (1978) test.

Regulatory Takings Under the Fifth Amendment
By eliminating the ability to engage in STR activity without compensation or grandfathering, Bill 9 may effect a regulatory taking under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), or Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978). For many property owners, STR use is a primary economic use of the land. Eliminating this without just compensation raises constitutional concerns under the Takings Clause.

Procedural Due Process Violations
The abrupt phase-out lacks individualized notice or hearing, potentially violating procedural due process guarantees. Courts have held that when government revokes a license or right that is treated as a protected property interest, it must provide procedural safeguards (Goldberg v. Kelly, 397 U.S. 254 (1970)).

Discriminatory and Unequal Treatment
Bill 9 targets STR use in apartment-zoned areas while leaving transient vacation use in hotel and resort zones untouched. This raises questions of unequal treatment under the Equal Protection Clause, especially where both uses are legally identical in form but treated differently without a rational basis or compelling justification.

Conclusion
While Maui County is justified in seeking solutions to the housing crisis, Bill 9 in its current form is legally overbroad and constitutionally problematic. The County should instead pursue a balanced approach that respects vested rights, considers compensation mechanisms, and complies with constitutional mandates. Legal challenges to this legislation are likely to be successful on several grounds, and a reconsideration or amendment is strongly advised.

Hello Council Members,
I am a very private citizen and normally do not participate in this kind of public demonstrations. However, after hearing so much blanket accusation, name calling and fallacies on the part of people who are not intimately close to owning a condo in Maui, I thought it was my duty to speak up and give you the reality of the cost. I am a femaie who bought my 1 bedroom condo in South Kihei in 2007 for $600,000. After owning it for 18 years, my current mortgage is $3515 (this includes the Maui STR property tax that I recently discovered was the highest for property owners) + current HOA fee of $967. This number does not include the recent special assessments due to the spiraling home insurance after the 2023 fires. This is not counting the constant maintenance cost of the aging condo. Please do the math and tell me how i could possibly rent it long-term at an affordable rate to a local family? I'm not a greedy out-of-state investor that has been out for maximum profits. Am I a bad person for having worked hard all my life and dreamed of someday retiring on the island of Maui that I have been visiting since the early 90s? I did not steal anybody's home or money. I was told at the time of my purchase in 2007 that I could legally rent it ( the term STR was not used back then) to help me cover the high cost of my mortgage and HOA while I was still able to come back and stay in there. I am beyond shocked at the amount of hatred directed towards people like me whose only crime was to try to realize my dream and own my future. For context, I grew up as a female refugee from an Asian country which was colonized but I would never harbor the kind of resentment that I recently witnessed from the testifiers.

I oppose this bill.

I am not here to make any economic argument because the facts are real that it will destroy the economy. I am here as a human being because it is too easy to portray people as all these wealthy mainlanders without a face. The fact is many of us are not billionaires as some would like to portray us. We look at the extreme and bucket everyone in that group. I was only able to buy my place in Kapalua because of my wife's life insurance money when she had cancer. I am not a billionaire by any means. I would gladly give me place if someone can take over my mortgage of over $9000 dollars a month in addition to the HOA of over $1450. I do not see how this ever can be affordable housing when I am in walking distance to the Ritz Carlton.

My parents fled communist Vietnam and have always told me that this country is the greatest country in the world because of our democracy. They told me in a communist country that a government can simply change their mind and say it's for the greater "good" of society so we can trample over anyone's personal rights. I never understood that until seeing what is happening now, it's hard to imagine that we are doing that here, in this country.

Passing Bill 9 WILL DESTROY OUR ECONOMY!! The amount of money that tourists staying in Minatoya properties bring to Maui is astronomical. Visitors staying in hotel zoned properties & local residents will not be able to keep hundreds of local businesses in business. We are trying to keep Maui residents on Maui. But the residents in need of housing right now will NOT have a job if Bill 9 passes, chances are they will lose their jobs & be forced to move off island. If they are lucky enough to have a job, they will not be able to afford the properties that are on the Minatoya List, many of which have HOA fees over $1000 per month, not to mention the age of the properties and future assessments for repairs & upkeep. Do the people who support this bill understand these properties are expensive to live in & operate and mostly have only 1 parking stall (no street parking available), no storage, no place for keiki to play? Maui County has failed the residents for decades by not putting affordable housing as a priority. When affordable housing is built then sold, it's sold at market value & does not stay affordable. In many other communities across the US, affordable housing remains that way. Why are residents allowed to qualify for affordable housing well below market value, but after they satisfy the contract are allowed to sell at full market value? Why is that property not offered to another resident that meets affordable housing requirements? I do not see where the County is creating new jobs, all the while trying to take away thousands of jobs by even bringing Bill 9 to the table. The majority of businesses island wide are directly or indirectly affected by tourism & visitor numbers. Not to mention all of the property taxes generated from short term rentals, the GET & TAT taxes, etc... Passing Bill 9 WILL DESTROY OUR ECONOMY!!

Aloha! I am writing in strong support of bill 9. I am a transplant from the mainland from 21 years ago. My family and I were lucky to get affordable housing in the Kaiaulu neighborhood built in 2019. I see this as the only reason we have been able to stay post pandemic and especially post Fire. This has been made abundantly clear due to the constant “thinning” of our community. Watching more and more of our friends and community be forced out due to lack of affordable housing has been heartbreaking.
In our neighborhood we are blessed to know and have relationships with all of our neighbors. This is as it should be. Tourists belong in tourist zoned areas, not partying in our neighborhoods.
As for the Minatoya list, it is my understanding that these units were intended to be housing for residents and never were supposed to be tourist accommodations. We desperately need these units back in the housing pool.
The tourist industry is propped up by the people serving it. If there is no affordable housing for those in the service industry ultimately the jobs will remain unfulfilled because they can’t sustain housing, if the jobs stay open the services will be lacking causing bad experiences and ultimately a decline in tourism.
Either we need more affordable housing for our community or these jobs need to start producing 6 figure incomes. I don’t see massive raises across the board in all service related industries happening anytime soon, so let’s focus on reclaiming some of that affordable housing.

I employ 25+ staff members to manage, service, and repair my STR condo. I pay GET/TAT Taxes and property taxes, and bought the condo in accordance with the legal specifications, zoning, and business permitting. It should not be legal to take this away from me when I have played by all the rules.

Please Do Not Pass the Bill Banning Short-Term Rentals –

Aloha

My name is Jill Clark and I am writing with a heavy heart and deep urgency to plead with you not to pass the proposed bill banning short-term rentals in Maui. If this bill passes, I will lose my livelihood, my home of 33 years, and my ability to remain on the island I love so dearly. My team—18 hardworking cleaners and maintenance workers—will also be forced to uproot their lives and leave Maui, their home, as a result of this decision, my short term rental supports many local Maui residents.

I am not a corporation and live "on island". I am a local resident, a small business owner, tax payer, voter and someone who has abided by the law. I own a legally permitted short-term rental unit, which is included on the proposed list. That one unit is my main source of income—it’s how I survive. In addition, I run a small short-term rental management company, providing stable jobs for nearly 20 local families. We do our work with integrity, pride, and deep care for this island and our community.

I have written testimony many times. I have cried, prayed, and begged not to be punished for something that was legal when we started. We did not create the housing crisis, and yet we are being made the scapegoat for it. Please understand: this is not a story of outsiders exploiting Maui. This is my life, our lives, and we are being threatened with permanent loss and displacement.

This issue is about housing, yes—but the answer cannot be to destroy the lives of long-time residents who followed the rules, who invested in their futures, who built community and employment for others. There must be a better path forward than taking away homes, income, and stability from local families.

Please, do not pass this bill. Find a solution that supports housing without punishing those of us who have done everything legally, respectfully, and with aloha for this island. We are not the enemy—we are your neighbors, your voters, your fellow Maui residents.

Mahalo for listening and for considering the devastating impact this bill would have on my life and the lives of many others.

With deepest respect and hope,
Jill Clark West Maui
Maui Resident, Small Business Owner, and Community Member