I urge the Committee to strengthen Bill 9 by including the necessary repeal language and ensuring that the Minatoya-based exceptions are lawfully sunset. Only then can we restore balance in our communities, reclaim housing for residents, and begin to resolve the affordability, displacement, and over-tourism crises threatening our island’s future.
County Council: Curious is there is a conflict of interest if any council members who may own property on the Minatoya list should recuse from voting on the bill?
Why not the entire Minatoya list? We have plenty of hotels for visitors and even have ben and breakfast permits still available. After the Wailea vote, this must be how the 5 are going to get housing back, why else would they vote to REDUCE affordable housing. Include residential zones in Bill 9 and just get it all fixed in one shot. Residents are asking for this, not hotels. Either way, the money leave the island with 94% foreign owned. Hotels hire the locals but also provide benefits and stability,. This will not at all, stop people from coming and everyone knows it.
The legal use of short term rental in the Apartment districts of Maui County is an issue that goes back more than 50 years. It has been governed by 4 ordinances passed by the Maui County Council since 1981. Each of these ordinances conditionally affirmed the legal right to rent properties located in Apartment districts for period less than 180 days at a time. Listed below are links to each of these ordinances and comments on how each affirmed legal short term rental use in the Apartment districts.
On April 20, 1981 Ordinance 1174 took effect:
https://www.mauicounty.gov/DocumentCenter/View/17628/Ord-1134
Ordinance 1174 was the first reference in Maui County Code to Short Term Rental uses. It created definitions for Timeshares and Transient Vacation Rentals. And it specifically defined that these uses that were already taking place would not be impaired by this new ordinance. Essentially grandfathering all Timeshare and Transient Vacation Rentals uses legally taking place in any zoning district of Maui County. It went on further to specify that new Time Share and Transient vacation rental uses would be directed exclusively to the Apartment and Hotel Districts. It conditioned these uses with a requirement that the use be prominently be authorized in the project documents.
Exactly 8 years later Ordinance 1797 became effective on April 20, 1989:
https://www.mauicounty.gov/DocumentCenter/View/15902/Ord-1797
This ordinance removed motels as being allowable structures in the Apartment districts and amended the definitions of the types of structures allowed in the Apartment Districts and restricted the Apartment districts to Long Term Residential use. Most importantly this ordinance contained a section that stated that this ordinance would not apply to buildings having approved building permits or SMA issued prior to the enactment of this ordinance. This exception being called out was a bit different from grandfathering and existing use. It meant that these existing buildings, and existing permits to build new buildings, would not be impacted by this ordinance. Specifically that these buildings would not need to be occupied on a long term residential basis. It is notable, that this ordinance did not remove the part of the County Code that specifically directed Timeshare and Transient Vacation Rentals use to the Apartment districts. This omission created an inconsistency within the County code for newly created Timeshare and Transient Vacation Rentals use uses. But did not impact legally existing uses.
On March 4, 1991, Ordnance 1989 https://www.mauicounty.gov/DocumentCenter/View/14316/Ord-1989
sought to address the inconsistency noted above by amending the Geographic Restrictions contained Maui Count Code 19.37.010 by removing the Apartment District from the areas where Timeshares and Transient Vacation Rentals had been directed to by the code. But again made clear that those uses legally taking place in the Apartment district may continue unimpaired by this new restriction.
On July 27, 2001, then Maui County Mayor James Kimo Apana asked his Corporation Council for a legal opinion on what apartment zoned properties were legally allowed to make Transient Vacation Rental uses. Deputy Corporation Council, Richard Minatoya, responded in a memo to the Mayor with an answer to this question with the following response:
http://www.luxuryrealestatemaui.com/uploads/agent-1/minatoya.opinion.pdf
This memo has since been referred to as the Minatoya Opinion. That gave the name to the apartment zoned properties impacted by the aforementioned ordinances. His opinion confirmed the legal status for apartment zoned properties built or having permits issued prior to April 20, 1989 OR having started making Transient Vacation Rental uses prior to March 4, 1991.
On April 8, 2014, Ordinance 4167 was signed into law
https://www.mauicounty.gov/DocumentCenter/View/96114/Ord-4167
The stated purpose of this ordinance was to codify the exceptions contained in section 11 of Ordinance 1797 and to remove any questions about these properties right to make Transient Vacation Rental uses. This codification of this use made all the aforementioned history irrelevant. Because it placed into code the legal conditional Transient Vacation Rentals uses in the apartment district. So no one would ever have to look back to ordinances passed 25 years earlier and debate what the meaning of un codified sections are or question the Minatoya Opinion.
On September 26, 2020, Ordinance 5126 was signed into law,
https://www.mauicounty.gov/DocumentCenter/View/124091/Ord-5126
This ordinance again confirmed the legal Use of Transient Vacation Rentals uses in the apartment districts, but requiring that these uses must have been initiated prior to September 24, 2020. The intent of this ordinance was to keep any new Transient Vacation Rentals from being started in buildings that had not previously made such uses.
The permissible uses in the Apartment districts were amended two more times since 2020, each time affirming the ongoing legal use of Transient
vacation Rental in the properties previously identified as the Minatoya properties.
I submit this testimony in strong support of Bill 9, which responsibly phases out short-term vacation rentals (STVRs) in properties zoned A-1 and A-2, also known as the Apartment District. The current market inventory and broader economic signals indicate that this bill is not only timely—it is necessary.
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🔍 Why Condo Inventory Is Surging: Systemic Pressure and Market Instability
As of July 2025, over 4.2% of Maui’s fee simple condominium inventory is actively listed for sale. This figure is not merely reflective of typical market turnover. It reveals a reactive exodus driven by systemic financial stressors. Bill 9 helps to stabilize this situation by removing one of the most destabilizing variables: unregulated and speculative short-term rental use in apartment-zoned properties.
1. Rising Maintenance Fees
• Many older condominium complexes are seeing 15–30% annual increases in HOA fees, largely due to:
• Years of deferred maintenance;
• Inflation in labor and materials; and
• New reserve funding requirements following catastrophic losses and market corrections.
• Monthly maintenance fees in some cases now rival or exceed mortgage payments, making units financially unfeasible for long-term owners or working residents.
2. Insurance Premium Spikes
• In the wake of the 2023 Lāhainā fires, insurance carriers have repriced risk islandwide:
• Premiums are rising sharply.
• Coverage availability is shrinking—especially for wood-framed buildings or those lacking sprinklers and fire-resistant upgrades.
• This is diminishing condo values, undermining appraisals, and contributing to ownership stress.
3. Special Assessments & Deferred Maintenance
• Many buildings in the STVR-heavy zones are 40+ years old, with failing:
• Roofs
• Plumbing
• Elevators
• Associations are now imposing large special assessments, often exceeding $50,000 per unit, to catch up on long-ignored capital improvements.
• These assessments shock owners and deter prospective buyers. They also erode long-term affordability for residents.
4. Short-Term Rental Uncertainty
• The Minatoya Exemption, which allowed transient accommodations in apartment districts, is facing long-overdue reform through Bill 9.
• As owners and investors brace for the loss of STVR revenue, many are listing preemptively—not due to traditional market cycles, but out of fear of value loss or income collapse.
• This surge is speculative, fear-driven, and a direct reflection of years of overreliance on tourism economics in residential zones.
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📉 What the 4.2% Listing Rate Really Means
This is not business as usual. This surge reflects:
• Loss of confidence among investors and STVR owners;
• Financial unsustainability for long-term residents and buyers;
• Structural instability in a housing model that overleveraged aging infrastructure for transient profits.
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💡 Conclusion: Bill 9 Is Part of the Solution, Not the Problem
The market is speaking clearly: this model is broken. The convergence of cost inflation, legal uncertainty, and aging infrastructure has reached a tipping point. Bill 9 does not create instability—it responds to it by:
• Restoring clarity and lawful zoning intent to the Apartment District;
• Encouraging long-term, resident-based occupancy;
• Making condo ownership more financially sustainable in the long term; and
• Slowing speculative pressure that displaces local families.
If we want to preserve housing, stabilize Maui’s communities, and reverse the hollowing-out of our neighborhoods, then Bill 9 must pass. This is not an attack on investors—it is a correction of course that protects the public trust and realigns policy with our housing goals.
Mahalo for your time, courage, and commitment to the people of Maui.
Bill 9 does not collapse Maui’s economy—it stabilizes it. The fears expressed are rooted in investor self-interest, not public interest. Transitioning from tourism-saturated zoning toward housing-focused use is necessary for Maui’s future. There is no sustainable path forward that does not involve correcting the misuse of Apartment District properties.
Supporting Bill 9 is not about exclusion—it is about strategic population correction. Maui cannot continue to absorb unrestricted growth while failing to meet the basic safety and psychological needs of our existing population.
My name is Patricia, and I was born and raised here on Maui. My husband and I have worked hard our whole lives to support our family, and we depend on the jobs that short-term rentals provide. I clean condos that are rented on Airbnb, and my husband takes care of the landscaping for the same property. If you take away short-term rentals in apartment-zoned areas, we will both lose our jobs. How will we afford our rent?
I know there’s a lot of talk about these rentals hurting locals, but for us, they are the reason we can pay our rent, buy food, and take care of our keiki. Without these jobs, I don’t know what we’re going to do. There’s already barely any work for us. We’re not the ones making big money off these rentals—we’re just trying to survive, like so many other local families who depend on tourism.
If these owners can’t rent their places short-term, they won’t need housekeepers like me or landscapers like my husband. They’ll shut down their units, and all of us who work for them will be left struggling. We don’t have the luxury of just “finding something else.” Where are we supposed to go? What jobs will replace the ones you’re taking away from us?
I understand the need for affordable housing, but this isn’t the way to fix the problem. Please don’t make it even harder for local working families like mine. We need these jobs to survive.
(Inspired by Psalms 30–35)
Submitted to the Maui County Council Housing and Land Use Committee
Chair and Committee Members,
I offer this testimony in strong support of Bill 9, which seeks to prohibit transient vacation rentals (TVRs) in properties within the Apartment District, specifically those zoned A-1 and A-2. This policy is not merely a technical zoning correction; it is a moral realignment—a turning point where our community must decide whether we serve profit or people, speculation or stewardship.
Drawing on the spiritual wisdom of Psalms 30 through 35, I submit the following insights to guide our collective discernment:
⸻
1. “Weeping may endure for a night, but joy comes in the morning.” – Psalm 30:5
Bill 9 is a chance to end the long night of displacement endured by working families, kūpuna, and Native Hawaiian residents who have been priced out and pushed aside. Joy will return to our island when homes once again serve neighbors—not transient guests. This bill turns mourning into dancing for many.
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2. “Into Your hands I commit my spirit; You have redeemed me, O Lord God of truth.” – Psalm 31:5
We ask the County to act as a redeemer of public trust, restoring integrity to our land use system. The informal loopholes that enabled transient uses in apartment zones were never adopted through proper democratic process. Bill 9 corrects this deviation and affirms a simple truth: zoning must reflect purpose, not profit.
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3. “Blessed is the one whose transgression is forgiven… in whose spirit there is no deceit.” – Psalm 32:1–2
Forgiveness and healing begin when we acknowledge our past errors. For decades, the County turned a blind eye to the misuse of Apartment District zoning. Bill 9 represents repentance in policy form—a chance to admit that short-term rentals in these zones were never intended, and now must be phased out for the public good.
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4. “By the word of the Lord the heavens were made… He brings the counsel of the nations to nothing.” – Psalm 33:6,10
We must not fear threats of lawsuits or economic doom from outside investors. Their counsel may carry weight in other halls, but the sovereignty of this land lies with its people. Just as creation obeys the voice of God, so too must our policies align with the deeper order of justice and sustainability.
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5. “The Lord is near to those who have a broken heart… Many are the afflictions of the righteous, but the Lord delivers them out of them all.” – Psalm 34:18–19
Lāhainā’s suffering is not abstract. The wildfire, the housing crisis, the overcrowded roads, the rising tides of displacement—these are real afflictions, and their root is policy failure. This bill is not a punishment; it is a path to deliverance for the local residents who have endured so much and asked for so little.
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6. “Contend, O Lord, with those who contend with me; fight against those who fight against me.” – Psalm 35:1
Many of us do not have the wealth or lawyers to fight zoning abuse. We ask you, our Council, to contend on our behalf—to wield the power of law to protect the weak, not defend the loopholes of the powerful. This is not about vilifying property owners; it is about restoring balance and reaffirming purpose.
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Final Reflection
These Psalms remind us that justice, like the land, is sacred. They remind us to lift up the brokenhearted, to confess and correct missteps, to fear not the wealthy nor the mighty, and to always defend the righteous cause.
Bill 9 is not just good policy—it is moral leadership. It is the beginning of a new morning for Maui, where homes are for residents, and land is held in trust for the next generation.
I urge you to pass Bill 9 in full.
Let this be the psalm our island sings: that after the long night of displacement and speculation, joy has come in the morning.
With aloha and conviction,
Justin Rante
Deleted User
25 days ago
Written Testimony in Support of Bill 9
Submitted by: Renee P. Kaiama, Broker/Owner, Maui Real Estate 808
Fifth-Generation Resident, County of Maui
To: Maui County Council – Housing and Land Use Committee
Aloha Chair and Councilmembers:
Thank you for the opportunity to submit testimony in support of Bill 9. My name is Renee P. Kaiama. I am a licensed real estate broker, the owner of Maui Real Estate 808, and a fifth-generation resident of Maui. I submit this testimony not on behalf of any clients or commercial interest, but in my individual capacity as a professional with deep roots in the community and firsthand knowledge of the impacts of land use decisions on residents, housing markets, and neighborhood dynamics.
1. Purpose of Bill 9 and Zoning Consistency
Bill 9 represents a long-overdue effort to realign the permitted uses in Maui’s Apartment District (zoned A-1 and A-2) with the original and intended purposes of apartment zoning under the Maui County Code. Over time, the practice of allowing transient vacation rentals (TVRs) in these districts—largely through the legal interpretation commonly referred to as the “Minatoya Exemption”—has created a divergence between zoning designation and actual land use. This has led to legal ambiguity, regulatory inconsistency, and challenges in long-term planning.
The proposed bill is a corrective measure. It does not introduce a new restriction arbitrarily; it restores coherence between the zoning ordinance and the County’s stated land use goals, particularly as outlined in the General Plan and housing policy documents. Land use is a core tool of governance, and its credibility depends on its clarity, enforceability, and alignment with public purpose.
2. Recognizing Impacts and Trade-Offs
This bill acknowledges the economic and social trade-offs involved. Some current owners and operators of short-term vacation units in apartment zones have relied on legal interpretations that allowed them to operate under existing law. Many have invested in these properties with a clear understanding of what was previously permitted. The proposed phase-out will result in financial adjustments, lost income potential, and a decrease in short-term rental tax revenue for the County.
At the same time, these uses have constrained the long-term rental housing supply. While quantifying that impact falls to others offering data-driven evidence, it is evident from neighborhood dynamics and market behavior that a substantial number of apartment-zoned units have been diverted from residential use. This directly affects the availability, affordability, and stability of housing for Maui’s residents.
The housing crisis is not caused solely by short-term rentals, nor will it be solved by a single bill. However, restoring apartment-zoned properties to long-term residential use is a targeted, jurisdictionally appropriate response within the County’s authority to address one contributing factor to housing scarcity.
3. Planning, Enforcement, and Governance Integrity
This legislation is as much about governance integrity as it is about housing policy. When permitted uses in a zoning district become detached from the policy rationale for the district itself, the legal framework loses its consistency. Enforcement becomes arbitrary or infeasible, and public confidence erodes. Bill 9 helps reestablish a predictable regulatory environment where zoning maps, land use plans, and community expectations are aligned.
It also underscores that land use permissions are not permanent entitlements. They are conditional grants, subject to change as public needs evolve. The County has a right—and a duty—to reevaluate those permissions when the broader impacts no longer support their continuation.
4. Community Division and the Need for Resolution
The issue has created clear divisions within the community, including between residents with economic ties to short-term rentals and those who have struggled to remain housed on island. Both groups include long-standing community members, taxpayers, and business owners. The bill does not seek to assign blame. It seeks to resolve a land use conflict through a legislative mechanism that offers transparency, fairness, and advance notice of change.
No solution will be universally accepted. But inaction—especially in the face of ongoing displacement and housing insecurity—would reflect a failure to exercise public leadership. This bill takes a step toward a more sustainable balance.
5. Conclusion
Bill 9 is a necessary and measured policy action. It corrects a structural misalignment in the County’s zoning framework, addresses one dimension of the broader housing crisis, and reaffirms the County’s capacity to make land use decisions in the public interest. As a real estate professional and a lifelong resident, I support this legislation based on principle, not ideology.
Thank you for considering my testimony.
Respectfully submitted,
Renee P. Kaiama
Broker/Owner, Maui Real Estate 808
Fifth-Generation Resident, County of Maui
Those short term rental units are not suitable for local families, one bedroom with over 1000 HOA fees you got to be kidding me. Bill 9 will eliminate 7000 units meaning tourists will not be coming back , and so the economy of Maui will be destroyed. What's the meaning of having tons of empty one bedrooms when people are unemployed? Use common sense.
Aloha Chair and Honorable Members of the Committee,
I submit this testimony in strong support of Bill 9, which seeks to phase out short-term vacation rentals (STVRs) in the Apartment District, specifically those zoned A-1 and A-2.
Public Safety Crisis: Operation Keiki Shield 28 as a Wake-Up Call
Between June 27 and June 29, 2025, law enforcement agencies conducted Operation Keiki Shield 28 on the island of Maui. In just 72 hours, six men were arrested for attempting to engage in sexual acts with children they believed to be minors. These individuals—ranging in age from 36 to 86—were all Maui residents, many from the overdeveloped, tourist-heavy town of Kihei.
This operation reveals an undeniable and disturbing truth: Maui’s overpopulated neighborhoods are not just overcrowded—they are becoming breeding grounds for predatory behavior, fueled by transience, anonymity, and digital access. When community roots are displaced by speculative interests and short-term renters, accountability erodes, and our keiki pay the price.
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Moral and Structural Failure of Overpopulation
Bill 9 is a necessary corrective to the unchecked commodification of apartment-zoned housing, which has:
• Replaced stable, long-term residents with a rotating cast of unknown and unvetted individuals.
• Increased transience and anonymity in formerly tight-knit communities.
• Strained public safety infrastructure—including policing, child protection, and emergency services.
The arrests under Operation Keiki Shield 28 should shock our collective conscience. These were not visitors. These were local residents exploiting a fragmented, overstressed, and digitally accessible environment. Yet the systemic conditions that enable such behavior are directly tied to:
• The erosion of local housing stock for residential use.
• The concentration of unregulated activity in high-density apartment zones.
• The County’s prior reluctance to prioritize the well-being of families and children over investor returns.
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Strategic Depopulation Is Protection, Not Punishment
Supporting Bill 9 is not about exclusion—it is about strategic population correction. Maui cannot continue to absorb unrestricted growth while failing to meet the basic safety and psychological needs of our existing population.
Depopulation, in the context of this bill, refers to:
• Reducing transient occupancy in residential zones.
• Reclaiming apartment districts for residents, families, kūpuna, and keiki.
• Lowering the density pressures that allow criminal, exploitative, and predatory behavior to flourish undetected.
If we cannot safeguard children in their own communities, then what are our laws for?
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Conclusion: A Duty to Protect Our Keiki and Restore Integrity to Land Use
Bill 9 is not radical. It is responsible. It affirms that residential zones must be protected from the chaos of commodified living, especially in a post-Lāhainā context, where recovery depends on restoring public trust and community values.
I urge you to vote yes on Bill 9, and to do so with the moral clarity that our children’s safety cannot be compromised in favor of unearned passive income or speculative ROI. Let Maui return to a place where families thrive, not just investors.
To the Maui County Council Housing and Land Use Committee,
This testimony is submitted in support of Bill 9, which proposes to remove the Minatoya Exemption allowing short-term vacation rentals (STVRs) within the Apartment District, specifically properties zoned A-1 and A-2. Originally, zoning in these districts did not permit STVRs, as these areas were intended exclusively for long-term residential use. The Minatoya Exemption, created by an administrative legal opinion in 2001, circumvented the original zoning intent by effectively legalizing STVRs that existed prior to 1991 without formal legislative approval. Bill 9 seeks to reverse this administrative exemption and restore the residential character of these zones.
FACT: Maui is currently facing a critical housing shortage, acknowledged through the State of Hawai‘i’s emergency housing proclamation. FACT: This shortage has been further intensified by the 2023 Lāhainā wildfires, which caused devastating loss of homes and significant economic damage. FACT: Returning apartment-zoned properties to their intended use as long-term housing will help address this shortage by increasing the availability of residential units for local residents, workers, and kūpuna. This action is an essential step toward ensuring sustainable community development and housing stability on the island.
While some concerns have been raised about potential job losses within the tourism sector resulting from the reduction of STVRs, it is important to note that these employment effects can be absorbed. FACT: Current labor market data shows vacancies across various industries, including healthcare, education, and retail. Additionally, ongoing business and industrial growth, along with expansion in the hotel and construction sectors, provide opportunities for displaced workers to transition to new or existing jobs. This reallocation of employment aligns with broader economic diversification strategies and supports workforce stability in Maui.
From a land use perspective, Bill 9 reinforces the County’s zoning objectives by maintaining clear distinctions between residential and commercial visitor accommodations. Condominium complexes and other commercial tourism operations that are properly zoned outside the Apartment District will remain unaffected. Furthermore, there are opportunities to rezone commercial and industrial areas with high vacancy rates to residential use, offering alternative locations for housing development without diminishing the island’s tourism capacity.
Public safety considerations further support Bill 9. Overpopulation and increased vehicle density associated with concentrated short-term rentals in residential apartment zones elevate wildfire risks, a factor demonstrated tragically by the Lāhainā fires. By limiting STVRs in these zones, Bill 9 contributes to reducing population density and traffic congestion, mitigating wildfire risk, and advancing public safety and environmental resilience.
Legally, Bill 9 falls within the County’s authority to regulate land use under its police powers to promote public health, safety, and welfare. Courts have consistently upheld zoning changes aimed at addressing housing needs and reducing harmful externalities. The County’s home rule authority under the Hawai‘i Constitution further supports this legislative action. The County is prepared to defend Bill 9 against any legal challenges based on the principles of amortization of nonconforming uses and legitimate land use regulation.
In conclusion, Bill 9 addresses the inappropriate legalization of short-term rentals in residential apartment zones that undermines housing availability and public safety. The bill is a necessary corrective to restore zoning integrity, mitigate wildfire risks, and support sustainable housing solutions for Maui’s residents. The potential employment impact in the tourism sector is manageable and can be absorbed through current labor market vacancies, business growth, and expanding industries such as hotels and construction. For these reasons, it is respectfully recommended that the Housing and Land Use Committee approve Bill 9 and forward it with full support to the Maui County Council for final review and enactment.
Every island must make a choice: between becoming a playground for the world or a home for its people. The commodification of housing has gone too far. We cannot allow every unit, every street, every apartment complex, every home to become a resort-by-default.
Executive session
I urge the Committee to strengthen Bill 9 by including the necessary repeal language and ensuring that the Minatoya-based exceptions are lawfully sunset. Only then can we restore balance in our communities, reclaim housing for residents, and begin to resolve the affordability, displacement, and over-tourism crises threatening our island’s future.
County Council: Curious is there is a conflict of interest if any council members who may own property on the Minatoya list should recuse from voting on the bill?
Why not the entire Minatoya list? We have plenty of hotels for visitors and even have ben and breakfast permits still available. After the Wailea vote, this must be how the 5 are going to get housing back, why else would they vote to REDUCE affordable housing. Include residential zones in Bill 9 and just get it all fixed in one shot. Residents are asking for this, not hotels. Either way, the money leave the island with 94% foreign owned. Hotels hire the locals but also provide benefits and stability,. This will not at all, stop people from coming and everyone knows it.
Minatoya history
The legal use of short term rental in the Apartment districts of Maui County is an issue that goes back more than 50 years. It has been governed by 4 ordinances passed by the Maui County Council since 1981. Each of these ordinances conditionally affirmed the legal right to rent properties located in Apartment districts for period less than 180 days at a time. Listed below are links to each of these ordinances and comments on how each affirmed legal short term rental use in the Apartment districts.
On April 20, 1981 Ordinance 1174 took effect:
https://www.mauicounty.gov/DocumentCenter/View/17628/Ord-1134
Ordinance 1174 was the first reference in Maui County Code to Short Term Rental uses. It created definitions for Timeshares and Transient Vacation Rentals. And it specifically defined that these uses that were already taking place would not be impaired by this new ordinance. Essentially grandfathering all Timeshare and Transient Vacation Rentals uses legally taking place in any zoning district of Maui County. It went on further to specify that new Time Share and Transient vacation rental uses would be directed exclusively to the Apartment and Hotel Districts. It conditioned these uses with a requirement that the use be prominently be authorized in the project documents.
Exactly 8 years later Ordinance 1797 became effective on April 20, 1989:
https://www.mauicounty.gov/DocumentCenter/View/15902/Ord-1797
This ordinance removed motels as being allowable structures in the Apartment districts and amended the definitions of the types of structures allowed in the Apartment Districts and restricted the Apartment districts to Long Term Residential use. Most importantly this ordinance contained a section that stated that this ordinance would not apply to buildings having approved building permits or SMA issued prior to the enactment of this ordinance. This exception being called out was a bit different from grandfathering and existing use. It meant that these existing buildings, and existing permits to build new buildings, would not be impacted by this ordinance. Specifically that these buildings would not need to be occupied on a long term residential basis. It is notable, that this ordinance did not remove the part of the County Code that specifically directed Timeshare and Transient Vacation Rentals use to the Apartment districts. This omission created an inconsistency within the County code for newly created Timeshare and Transient Vacation Rentals use uses. But did not impact legally existing uses.
On March 4, 1991, Ordnance 1989 https://www.mauicounty.gov/DocumentCenter/View/14316/Ord-1989
sought to address the inconsistency noted above by amending the Geographic Restrictions contained Maui Count Code 19.37.010 by removing the Apartment District from the areas where Timeshares and Transient Vacation Rentals had been directed to by the code. But again made clear that those uses legally taking place in the Apartment district may continue unimpaired by this new restriction.
On July 27, 2001, then Maui County Mayor James Kimo Apana asked his Corporation Council for a legal opinion on what apartment zoned properties were legally allowed to make Transient Vacation Rental uses. Deputy Corporation Council, Richard Minatoya, responded in a memo to the Mayor with an answer to this question with the following response:
http://www.luxuryrealestatemaui.com/uploads/agent-1/minatoya.opinion.pdf
This memo has since been referred to as the Minatoya Opinion. That gave the name to the apartment zoned properties impacted by the aforementioned ordinances. His opinion confirmed the legal status for apartment zoned properties built or having permits issued prior to April 20, 1989 OR having started making Transient Vacation Rental uses prior to March 4, 1991.
On April 8, 2014, Ordinance 4167 was signed into law
https://www.mauicounty.gov/DocumentCenter/View/96114/Ord-4167
The stated purpose of this ordinance was to codify the exceptions contained in section 11 of Ordinance 1797 and to remove any questions about these properties right to make Transient Vacation Rental uses. This codification of this use made all the aforementioned history irrelevant. Because it placed into code the legal conditional Transient Vacation Rentals uses in the apartment district. So no one would ever have to look back to ordinances passed 25 years earlier and debate what the meaning of un codified sections are or question the Minatoya Opinion.
On September 26, 2020, Ordinance 5126 was signed into law,
https://www.mauicounty.gov/DocumentCenter/View/124091/Ord-5126
This ordinance again confirmed the legal Use of Transient Vacation Rentals uses in the apartment districts, but requiring that these uses must have been initiated prior to September 24, 2020. The intent of this ordinance was to keep any new Transient Vacation Rentals from being started in buildings that had not previously made such uses.
The permissible uses in the Apartment districts were amended two more times since 2020, each time affirming the ongoing legal use of Transient
vacation Rental in the properties previously identified as the Minatoya properties.
We must move forward with courage and conviction
Aloha Chair Kama and Committee Members,
I submit this testimony in strong support of Bill 9, which responsibly phases out short-term vacation rentals (STVRs) in properties zoned A-1 and A-2, also known as the Apartment District. The current market inventory and broader economic signals indicate that this bill is not only timely—it is necessary.
⸻
🔍 Why Condo Inventory Is Surging: Systemic Pressure and Market Instability
As of July 2025, over 4.2% of Maui’s fee simple condominium inventory is actively listed for sale. This figure is not merely reflective of typical market turnover. It reveals a reactive exodus driven by systemic financial stressors. Bill 9 helps to stabilize this situation by removing one of the most destabilizing variables: unregulated and speculative short-term rental use in apartment-zoned properties.
1. Rising Maintenance Fees
• Many older condominium complexes are seeing 15–30% annual increases in HOA fees, largely due to:
• Years of deferred maintenance;
• Inflation in labor and materials; and
• New reserve funding requirements following catastrophic losses and market corrections.
• Monthly maintenance fees in some cases now rival or exceed mortgage payments, making units financially unfeasible for long-term owners or working residents.
2. Insurance Premium Spikes
• In the wake of the 2023 Lāhainā fires, insurance carriers have repriced risk islandwide:
• Premiums are rising sharply.
• Coverage availability is shrinking—especially for wood-framed buildings or those lacking sprinklers and fire-resistant upgrades.
• This is diminishing condo values, undermining appraisals, and contributing to ownership stress.
3. Special Assessments & Deferred Maintenance
• Many buildings in the STVR-heavy zones are 40+ years old, with failing:
• Roofs
• Plumbing
• Elevators
• Associations are now imposing large special assessments, often exceeding $50,000 per unit, to catch up on long-ignored capital improvements.
• These assessments shock owners and deter prospective buyers. They also erode long-term affordability for residents.
4. Short-Term Rental Uncertainty
• The Minatoya Exemption, which allowed transient accommodations in apartment districts, is facing long-overdue reform through Bill 9.
• As owners and investors brace for the loss of STVR revenue, many are listing preemptively—not due to traditional market cycles, but out of fear of value loss or income collapse.
• This surge is speculative, fear-driven, and a direct reflection of years of overreliance on tourism economics in residential zones.
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📉 What the 4.2% Listing Rate Really Means
This is not business as usual. This surge reflects:
• Loss of confidence among investors and STVR owners;
• Financial unsustainability for long-term residents and buyers;
• Structural instability in a housing model that overleveraged aging infrastructure for transient profits.
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💡 Conclusion: Bill 9 Is Part of the Solution, Not the Problem
The market is speaking clearly: this model is broken. The convergence of cost inflation, legal uncertainty, and aging infrastructure has reached a tipping point. Bill 9 does not create instability—it responds to it by:
• Restoring clarity and lawful zoning intent to the Apartment District;
• Encouraging long-term, resident-based occupancy;
• Making condo ownership more financially sustainable in the long term; and
• Slowing speculative pressure that displaces local families.
If we want to preserve housing, stabilize Maui’s communities, and reverse the hollowing-out of our neighborhoods, then Bill 9 must pass. This is not an attack on investors—it is a correction of course that protects the public trust and realigns policy with our housing goals.
Mahalo for your time, courage, and commitment to the people of Maui.
Sincerely,
Rose Pagan
Haiku Resident
Bill 9 does not collapse Maui’s economy—it stabilizes it. The fears expressed are rooted in investor self-interest, not public interest. Transitioning from tourism-saturated zoning toward housing-focused use is necessary for Maui’s future. There is no sustainable path forward that does not involve correcting the misuse of Apartment District properties.
Supporting Bill 9 is not about exclusion—it is about strategic population correction. Maui cannot continue to absorb unrestricted growth while failing to meet the basic safety and psychological needs of our existing population.
John Leialoha
Aloha,
My name is Patricia, and I was born and raised here on Maui. My husband and I have worked hard our whole lives to support our family, and we depend on the jobs that short-term rentals provide. I clean condos that are rented on Airbnb, and my husband takes care of the landscaping for the same property. If you take away short-term rentals in apartment-zoned areas, we will both lose our jobs. How will we afford our rent?
I know there’s a lot of talk about these rentals hurting locals, but for us, they are the reason we can pay our rent, buy food, and take care of our keiki. Without these jobs, I don’t know what we’re going to do. There’s already barely any work for us. We’re not the ones making big money off these rentals—we’re just trying to survive, like so many other local families who depend on tourism.
If these owners can’t rent their places short-term, they won’t need housekeepers like me or landscapers like my husband. They’ll shut down their units, and all of us who work for them will be left struggling. We don’t have the luxury of just “finding something else.” Where are we supposed to go? What jobs will replace the ones you’re taking away from us?
I understand the need for affordable housing, but this isn’t the way to fix the problem. Please don’t make it even harder for local working families like mine. We need these jobs to survive.
Mahalo for listening,
Patricia
Listen to Stan Franco
WRITTEN TESTIMONY IN SUPPORT OF BILL 9
(Inspired by Psalms 30–35)
Submitted to the Maui County Council Housing and Land Use Committee
Chair and Committee Members,
I offer this testimony in strong support of Bill 9, which seeks to prohibit transient vacation rentals (TVRs) in properties within the Apartment District, specifically those zoned A-1 and A-2. This policy is not merely a technical zoning correction; it is a moral realignment—a turning point where our community must decide whether we serve profit or people, speculation or stewardship.
Drawing on the spiritual wisdom of Psalms 30 through 35, I submit the following insights to guide our collective discernment:
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1. “Weeping may endure for a night, but joy comes in the morning.” – Psalm 30:5
Bill 9 is a chance to end the long night of displacement endured by working families, kūpuna, and Native Hawaiian residents who have been priced out and pushed aside. Joy will return to our island when homes once again serve neighbors—not transient guests. This bill turns mourning into dancing for many.
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2. “Into Your hands I commit my spirit; You have redeemed me, O Lord God of truth.” – Psalm 31:5
We ask the County to act as a redeemer of public trust, restoring integrity to our land use system. The informal loopholes that enabled transient uses in apartment zones were never adopted through proper democratic process. Bill 9 corrects this deviation and affirms a simple truth: zoning must reflect purpose, not profit.
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3. “Blessed is the one whose transgression is forgiven… in whose spirit there is no deceit.” – Psalm 32:1–2
Forgiveness and healing begin when we acknowledge our past errors. For decades, the County turned a blind eye to the misuse of Apartment District zoning. Bill 9 represents repentance in policy form—a chance to admit that short-term rentals in these zones were never intended, and now must be phased out for the public good.
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4. “By the word of the Lord the heavens were made… He brings the counsel of the nations to nothing.” – Psalm 33:6,10
We must not fear threats of lawsuits or economic doom from outside investors. Their counsel may carry weight in other halls, but the sovereignty of this land lies with its people. Just as creation obeys the voice of God, so too must our policies align with the deeper order of justice and sustainability.
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5. “The Lord is near to those who have a broken heart… Many are the afflictions of the righteous, but the Lord delivers them out of them all.” – Psalm 34:18–19
Lāhainā’s suffering is not abstract. The wildfire, the housing crisis, the overcrowded roads, the rising tides of displacement—these are real afflictions, and their root is policy failure. This bill is not a punishment; it is a path to deliverance for the local residents who have endured so much and asked for so little.
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6. “Contend, O Lord, with those who contend with me; fight against those who fight against me.” – Psalm 35:1
Many of us do not have the wealth or lawyers to fight zoning abuse. We ask you, our Council, to contend on our behalf—to wield the power of law to protect the weak, not defend the loopholes of the powerful. This is not about vilifying property owners; it is about restoring balance and reaffirming purpose.
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Final Reflection
These Psalms remind us that justice, like the land, is sacred. They remind us to lift up the brokenhearted, to confess and correct missteps, to fear not the wealthy nor the mighty, and to always defend the righteous cause.
Bill 9 is not just good policy—it is moral leadership. It is the beginning of a new morning for Maui, where homes are for residents, and land is held in trust for the next generation.
I urge you to pass Bill 9 in full.
Let this be the psalm our island sings: that after the long night of displacement and speculation, joy has come in the morning.
With aloha and conviction,
Justin Rante
Written Testimony in Support of Bill 9
Submitted by: Renee P. Kaiama, Broker/Owner, Maui Real Estate 808
Fifth-Generation Resident, County of Maui
To: Maui County Council – Housing and Land Use Committee
Aloha Chair and Councilmembers:
Thank you for the opportunity to submit testimony in support of Bill 9. My name is Renee P. Kaiama. I am a licensed real estate broker, the owner of Maui Real Estate 808, and a fifth-generation resident of Maui. I submit this testimony not on behalf of any clients or commercial interest, but in my individual capacity as a professional with deep roots in the community and firsthand knowledge of the impacts of land use decisions on residents, housing markets, and neighborhood dynamics.
1. Purpose of Bill 9 and Zoning Consistency
Bill 9 represents a long-overdue effort to realign the permitted uses in Maui’s Apartment District (zoned A-1 and A-2) with the original and intended purposes of apartment zoning under the Maui County Code. Over time, the practice of allowing transient vacation rentals (TVRs) in these districts—largely through the legal interpretation commonly referred to as the “Minatoya Exemption”—has created a divergence between zoning designation and actual land use. This has led to legal ambiguity, regulatory inconsistency, and challenges in long-term planning.
The proposed bill is a corrective measure. It does not introduce a new restriction arbitrarily; it restores coherence between the zoning ordinance and the County’s stated land use goals, particularly as outlined in the General Plan and housing policy documents. Land use is a core tool of governance, and its credibility depends on its clarity, enforceability, and alignment with public purpose.
2. Recognizing Impacts and Trade-Offs
This bill acknowledges the economic and social trade-offs involved. Some current owners and operators of short-term vacation units in apartment zones have relied on legal interpretations that allowed them to operate under existing law. Many have invested in these properties with a clear understanding of what was previously permitted. The proposed phase-out will result in financial adjustments, lost income potential, and a decrease in short-term rental tax revenue for the County.
At the same time, these uses have constrained the long-term rental housing supply. While quantifying that impact falls to others offering data-driven evidence, it is evident from neighborhood dynamics and market behavior that a substantial number of apartment-zoned units have been diverted from residential use. This directly affects the availability, affordability, and stability of housing for Maui’s residents.
The housing crisis is not caused solely by short-term rentals, nor will it be solved by a single bill. However, restoring apartment-zoned properties to long-term residential use is a targeted, jurisdictionally appropriate response within the County’s authority to address one contributing factor to housing scarcity.
3. Planning, Enforcement, and Governance Integrity
This legislation is as much about governance integrity as it is about housing policy. When permitted uses in a zoning district become detached from the policy rationale for the district itself, the legal framework loses its consistency. Enforcement becomes arbitrary or infeasible, and public confidence erodes. Bill 9 helps reestablish a predictable regulatory environment where zoning maps, land use plans, and community expectations are aligned.
It also underscores that land use permissions are not permanent entitlements. They are conditional grants, subject to change as public needs evolve. The County has a right—and a duty—to reevaluate those permissions when the broader impacts no longer support their continuation.
4. Community Division and the Need for Resolution
The issue has created clear divisions within the community, including between residents with economic ties to short-term rentals and those who have struggled to remain housed on island. Both groups include long-standing community members, taxpayers, and business owners. The bill does not seek to assign blame. It seeks to resolve a land use conflict through a legislative mechanism that offers transparency, fairness, and advance notice of change.
No solution will be universally accepted. But inaction—especially in the face of ongoing displacement and housing insecurity—would reflect a failure to exercise public leadership. This bill takes a step toward a more sustainable balance.
5. Conclusion
Bill 9 is a necessary and measured policy action. It corrects a structural misalignment in the County’s zoning framework, addresses one dimension of the broader housing crisis, and reaffirms the County’s capacity to make land use decisions in the public interest. As a real estate professional and a lifelong resident, I support this legislation based on principle, not ideology.
Thank you for considering my testimony.
Respectfully submitted,
Renee P. Kaiama
Broker/Owner, Maui Real Estate 808
Fifth-Generation Resident, County of Maui
Those short term rental units are not suitable for local families, one bedroom with over 1000 HOA fees you got to be kidding me. Bill 9 will eliminate 7000 units meaning tourists will not be coming back , and so the economy of Maui will be destroyed. What's the meaning of having tons of empty one bedrooms when people are unemployed? Use common sense.
Implement smart depopulation of speculative non-resident ownership by regulating ownership, taxation, and use.
Aloha Chair and Honorable Members of the Committee,
I submit this testimony in strong support of Bill 9, which seeks to phase out short-term vacation rentals (STVRs) in the Apartment District, specifically those zoned A-1 and A-2.
Public Safety Crisis: Operation Keiki Shield 28 as a Wake-Up Call
Between June 27 and June 29, 2025, law enforcement agencies conducted Operation Keiki Shield 28 on the island of Maui. In just 72 hours, six men were arrested for attempting to engage in sexual acts with children they believed to be minors. These individuals—ranging in age from 36 to 86—were all Maui residents, many from the overdeveloped, tourist-heavy town of Kihei.
This operation reveals an undeniable and disturbing truth: Maui’s overpopulated neighborhoods are not just overcrowded—they are becoming breeding grounds for predatory behavior, fueled by transience, anonymity, and digital access. When community roots are displaced by speculative interests and short-term renters, accountability erodes, and our keiki pay the price.
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Moral and Structural Failure of Overpopulation
Bill 9 is a necessary corrective to the unchecked commodification of apartment-zoned housing, which has:
• Replaced stable, long-term residents with a rotating cast of unknown and unvetted individuals.
• Increased transience and anonymity in formerly tight-knit communities.
• Strained public safety infrastructure—including policing, child protection, and emergency services.
The arrests under Operation Keiki Shield 28 should shock our collective conscience. These were not visitors. These were local residents exploiting a fragmented, overstressed, and digitally accessible environment. Yet the systemic conditions that enable such behavior are directly tied to:
• The erosion of local housing stock for residential use.
• The concentration of unregulated activity in high-density apartment zones.
• The County’s prior reluctance to prioritize the well-being of families and children over investor returns.
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Strategic Depopulation Is Protection, Not Punishment
Supporting Bill 9 is not about exclusion—it is about strategic population correction. Maui cannot continue to absorb unrestricted growth while failing to meet the basic safety and psychological needs of our existing population.
Depopulation, in the context of this bill, refers to:
• Reducing transient occupancy in residential zones.
• Reclaiming apartment districts for residents, families, kūpuna, and keiki.
• Lowering the density pressures that allow criminal, exploitative, and predatory behavior to flourish undetected.
If we cannot safeguard children in their own communities, then what are our laws for?
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Conclusion: A Duty to Protect Our Keiki and Restore Integrity to Land Use
Bill 9 is not radical. It is responsible. It affirms that residential zones must be protected from the chaos of commodified living, especially in a post-Lāhainā context, where recovery depends on restoring public trust and community values.
I urge you to vote yes on Bill 9, and to do so with the moral clarity that our children’s safety cannot be compromised in favor of unearned passive income or speculative ROI. Let Maui return to a place where families thrive, not just investors.
Mahalo for your consideration.
Respectfully,
Austin Maniago
Kahului Resident
Bill 9 is quietly propped up by the hotel industry. They don’t want the island to “go back to the people.” They want a monopoly.
To the Maui County Council Housing and Land Use Committee,
This testimony is submitted in support of Bill 9, which proposes to remove the Minatoya Exemption allowing short-term vacation rentals (STVRs) within the Apartment District, specifically properties zoned A-1 and A-2. Originally, zoning in these districts did not permit STVRs, as these areas were intended exclusively for long-term residential use. The Minatoya Exemption, created by an administrative legal opinion in 2001, circumvented the original zoning intent by effectively legalizing STVRs that existed prior to 1991 without formal legislative approval. Bill 9 seeks to reverse this administrative exemption and restore the residential character of these zones.
FACT: Maui is currently facing a critical housing shortage, acknowledged through the State of Hawai‘i’s emergency housing proclamation. FACT: This shortage has been further intensified by the 2023 Lāhainā wildfires, which caused devastating loss of homes and significant economic damage. FACT: Returning apartment-zoned properties to their intended use as long-term housing will help address this shortage by increasing the availability of residential units for local residents, workers, and kūpuna. This action is an essential step toward ensuring sustainable community development and housing stability on the island.
While some concerns have been raised about potential job losses within the tourism sector resulting from the reduction of STVRs, it is important to note that these employment effects can be absorbed. FACT: Current labor market data shows vacancies across various industries, including healthcare, education, and retail. Additionally, ongoing business and industrial growth, along with expansion in the hotel and construction sectors, provide opportunities for displaced workers to transition to new or existing jobs. This reallocation of employment aligns with broader economic diversification strategies and supports workforce stability in Maui.
From a land use perspective, Bill 9 reinforces the County’s zoning objectives by maintaining clear distinctions between residential and commercial visitor accommodations. Condominium complexes and other commercial tourism operations that are properly zoned outside the Apartment District will remain unaffected. Furthermore, there are opportunities to rezone commercial and industrial areas with high vacancy rates to residential use, offering alternative locations for housing development without diminishing the island’s tourism capacity.
Public safety considerations further support Bill 9. Overpopulation and increased vehicle density associated with concentrated short-term rentals in residential apartment zones elevate wildfire risks, a factor demonstrated tragically by the Lāhainā fires. By limiting STVRs in these zones, Bill 9 contributes to reducing population density and traffic congestion, mitigating wildfire risk, and advancing public safety and environmental resilience.
Legally, Bill 9 falls within the County’s authority to regulate land use under its police powers to promote public health, safety, and welfare. Courts have consistently upheld zoning changes aimed at addressing housing needs and reducing harmful externalities. The County’s home rule authority under the Hawai‘i Constitution further supports this legislative action. The County is prepared to defend Bill 9 against any legal challenges based on the principles of amortization of nonconforming uses and legitimate land use regulation.
In conclusion, Bill 9 addresses the inappropriate legalization of short-term rentals in residential apartment zones that undermines housing availability and public safety. The bill is a necessary corrective to restore zoning integrity, mitigate wildfire risks, and support sustainable housing solutions for Maui’s residents. The potential employment impact in the tourism sector is manageable and can be absorbed through current labor market vacancies, business growth, and expanding industries such as hotels and construction. For these reasons, it is respectfully recommended that the Housing and Land Use Committee approve Bill 9 and forward it with full support to the Maui County Council for final review and enactment.
Respectfully submitted,
Allin Bohba
Wailea Resident
If something is broken you fix it
Every island must make a choice: between becoming a playground for the world or a home for its people. The commodification of housing has gone too far. We cannot allow every unit, every street, every apartment complex, every home to become a resort-by-default.
Written Testimony in Support of Bill 9 attached.