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Agenda Item

HLU-4 Bill 9 (2025) BILL 9 (2025), AMENDING CHAPTERS 19.12, 19.32, AND 19.37, MAUI COUNTY CODE, RELATING TO TRANSIENT VACATION RENTALS IN APARTMENT DISTRICTS (HLU-4)

Legislation Text Bill 9 (2025) Correspondence from Planning 11-22-2024 Correspondence from Planning 12-19-2024 Testimony from Loretta Ross 03-04-2025 Testimony from Joanne Foxxe 03-04-2025 Testimony from Stacy Tribble 03-31-2025 Testimony from Donna Bender 03-31-2025 Correspondence to Corporation Counsel 04-03-2025 Correspondence from Planning 04-04-2025 Correspondence to Environmental Management 04-07-2025 Correspondence to Fire 04-07-2025 Correspondence to Housing 04-07-2025 Correspondence to Office of Recovery 04-07-2025 Correspondence to Police 04-07-2025 Correspondence to Water Supply 04-07-2025 Correspondence to Public Works 04-07-2025 Correspondence from Police 04-10-2025 Correspondence from Housing 04-10-2025 Testimony from Maui Vista AOAO 04-11-2025 Correspondence from Public Works 04-15-2025 Correspondence from Water Supply 04-21-2025 Correspondence to Planning 04-30-2025 Testimony from Laura Sakamoto 05-16-2025 Testimony from Bridget Hogan 05-17-2025 Testimony from Nathan Moore 05-20-2025 Correspondence from Corporation Counsel 05-20-2025 Testimony from P. Leialoha Kelly 05-22-2025 Correspondence from Planning 05-22-2025 Correspondence from Mayor 05-30-2025 Testimony from Terri Strack 06-02-2025 Testimony from Debby Potter 06-02-2025 Testimony from Patricia Kent 06-02-2025 Testimony from Linda Stirling 05-31-2025 Testimony from Dave Stirling 06-02-2025 Testimony from William Chace 06-02-2025 Amendment Summary Form from Committee Chair 06-03-2025 Testimonies received 06-04-2025 Correspondence from Housing 06-04-2025 Correspondence from Council Chair 06-05-2025 Testimonies received 06-05-2025 (1 of 2) Testimonies received 06-05-2025 (2 of 2) Testimonies received 06-06-2025 (1 of 3) Testimonies received 06-06-2025 (2 of 3) Testimonies received 06-06-2025 (3 of 3) Testimonies received 06-07-2025 Testimonies received 06-08-2025 Presentation from Mayor 06-09-2025 Testimonies received at HLU Committee meeting 06-09-2025 eComments Report 06-09-2025 Testimonies received 06-09-2025 (1 of 3) Testimonies received 06-09-2025 (2 of 3) Testimonies received 06-09-2025 (3 of 3) Correspondence to Oiwi Resources 06-10-2025 Testimonies received 06-10-2025 Testimony received 06-11-2025 Testimonies received 06-12-2025 Testimonies received 06-13-2025 Testimonies received 06-15-2025 Testimonies received 06-16-2025 Testimonies received 06-17-2025 Testimonies received 06-18-2025 eComments Report 06-18-2025 Testimonies received at HLU Committee meeting 06-18-2025 Testimonies received 06-19-2025 Correspondence to Housing 06-20-2025 Testimonies received 06-20-2025 Testimonies received 06-21-2025 Testimonies received 06-22-2025 eComments Report 06-23-2025 Testimonies received 06-23-2025 eComments Report 06-24-2025 Testimonies received 06-24-2025 Testimonies received at HLU Committee meeting 06-25-2025 eComments Report 06-25-2025 Testimonies received 06-25-2025 Correspondence to Corporation Counsel 06-26-2025 Correspondence to Planning 06-26-2025 Testimonies received 06-26-2025 Testimonies received 06-27-2025 Testimonies received 06-28-2025 Testimony received 06-29-2025 Testimonies received 06-30-2025 Correspondence from Housing 07-01-2025 Testimonies received 07-01-2025 Informational document from Council Chair Lee 07-02-2025 Correspondence from Planning 07-02-2025
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    Guest User 17 days ago

    From: Belinda Battistelli-Meeker <mauipalms213@gmail.com>
    Sent: Wednesday, July 9, 2025 10:56:09 AM (UTC-10:00) Hawaii
    To: HLU Committee <HLU.Committee@mauicounty.us>
    Subject: Bill 9 Testimony

    The current crisis in Maui is indeed tragic. This summer, tourism has declined by approximately 38-41 percent across the board. This downturn affects not only short-term rentals but also upscale hotels, which are experiencing a deficit. The extremely negative media coverage has transformed our paradise into a nightmare for tourists. From my involvement, I have heard many express reluctance to visit the islands, particularly Maui, due to the elimination of appealing VRBO and AIRBnB rental options. Both Maui and its politicians are aware that this model has consistently benefited them; it generated revenue and filled restaurants, shops, bars, and snorkel tours. Tourists enjoyed shopping and pre-paying for the warm hospitality of the Hawaiian people, who have welcomed visitors for the past 70 years. What actions have the politicians and the mayor taken against this defenseless and loving island? When will they stop sending the Maui island (other Hawaiian islands are affected ) into deep disparity. Belinda Battistelli Maalaea

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    Guest User 17 days ago

    Listen to Stan Franco

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    Guest User 17 days ago

    From: County Clerk <County.Clerk@mauicounty.us>
    Sent: Wednesday, July 9, 2025 10:50:59 AM (UTC-10:00) Hawaii
    To: HLU Committee <HLU.Committee@mauicounty.us>
    Subject: FW: Condo owner!


    From: BOB WALLACE <rs_wallace@shaw.ca>
    Sent: Wednesday, July 9, 2025 10:48 AM
    To: County Clerk <County.Clerk@mauicounty.us>
    Subject: Condo owner!

    Dear Maui County Council/Maui County!

    Please include this with your agenda submissions! Please advise me that this is has been received!

    WITHOUT PREJUDICE!
    I am the owner of a condominium being Paki Maui #420, 3601 Honoapiilani Rd, Lahaina, Hi 93601 on Maui!!

    I am distraught with your egregious determination to outlaw STRs on the Minatoya list of condominiums on Maui!
    This highly uncoordinated, irresponsible action without any scientific study or analysis has ruined the rental and real estate market on the island of Maui! It has cost billions in economic losses!

    This will be just the beginning of the destruction of the Maui economy since there is a vast amount of tourist dollars and tax revenue to be lost without 7000+ short term rentals that are the life-blood of the mainstream tourist market! It will result in widespread unemployment and loss of native populace! Only high-end elite tourism will be left!

    I know for a fact the vast majority of absentee owners of these units are 'Maui lovers'! They have contributed to the Maui lifestyle and success! They go above and beyond their time spent living and loving the Maui dream by participating in local customs and culture as well as the economy! They love the Maui native peoples and cherish them! In my view and experience they are excellent stewards of the lands and cultures of Maui! They even participate in island cleansing and clean-ups and reforestation! Do you realize this?

    I find your political motives to be pandering, ill-prepared and planned as well as disingenuous! Your actions may even be fraudulent!

    I decided 18 months ago to place my condo up for LTR with the FEMA agents and was offered a one or two year lease but on seeing the lease document I was upset to find that although I was committed to a one or two years term with no recourse in any event, the tenant was able to depart the lease on one month's notice! This is ridiculous and creates a month to month tenancy for the tenant! Therefore I decided not to sign it! They offered me a two month cancellation term but that was not satisfactory either!

    So I stayed with my STR management firm and I have been losing a fortune in rental income ever since!

    So several months ago I contacted the FEMA agent again and said I would rent long term and wanted to get offers! They stated they would get back to me in two weeks!
    I HAVE HEARD NOTHING BACK FROM THEM IN MONTHS!

    I assert that there is no urgent need of housing now and nor is there any real need for 500 sq ft one bedroom units with only one parking stall which probably represent 90%+ of the condo units on the Minatoya list! These units were built with no intention of renting to long term tenants with family housing needs and requirements!

    Therefore your ongoing dogged pursuit of this action is disingenuous, ill-conceived, dangerous and misguided and possibly fraudulent!

    There is also the matter of fifty years of legal STR practice precedent, and corresponding tax assessments as well as Judge Minatoya's sanction of them!

    I have no choice but to pursue legal action and there are thousands like me who have the same economic loss!

    Robert Wallace
    Owner

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    Guest User 18 days ago

    For many, Hawai‘i is not a place you “use.” It’s a place you belong to.
    If you reduce Hawai‘i to a place to make money, you lose what made it worth anything to begin with. The soil grows bitter. The rain forgets how to fall. The people disappear.

    The better question is:

    How do we make Hawai‘i a place people can afford to live, and still want to stay?
    Approve Bill 9

    William Mena
    Wailuku Resident

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    Guest User 18 days ago

    Aloha Chair and Members of the Housing and Land Use Committee,

    I write in strong support of Bill 9 and urge the Council to pass it swiftly and decisively. While some testimony has claimed this bill appeases a “small vocal minority,” the reality is this: Maui’s working families, kūpuna, teachers, first responders, and renters—the people who vote, volunteer, and live here year-round—are the majority, and we are not silent. We are simply outspent.

    Much of the loudest opposition to Bill 9 comes from out-of-state investors and absentee owners who have benefitted for years from a loophole that allowed short-term vacation rentals in our Apartment Districts, even when those zones were clearly intended for long-term housing. Let’s be honest: these owners do not vote in our elections. They do not bear the cost of overcrowded roads, school underfunding, wildfire evacuation failures, or housing shortages. Yet they are trying to dictate our local zoning laws from the mainland.

    If members of this Council feel unable to pass this bill due to fear, political pressure, or threats of litigation from non-resident investors, then I respectfully suggest the following: put it on the ballot. Let the people of Maui County vote on whether our limited Apartment-zoned land should continue to be used for short-term vacation rentals, or restored to its original purpose—housing local families.

    This charade is simply a test of whether or not local government will be guided by public service or private profit.

    Bill 9 will not “devastate hardworking families”—it will protect them. It will not kill tourism—it will help rebalance it. And it is not anti-business—it is pro-community.

    The fear and greed of a few must never outweigh the needs of the many. The Council has the legal authority, the moral mandate, and the community’s support to act. Please don’t delay. Pass Bill 9.

    Mahalo for your courage and kuleana.

    Respectfully,

    Carlo Eleban
    Wailuku Resident

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    Guest User 18 days ago

    From: Kevin Lorenz <off2kihei@yahoo.com>
    Sent: Tuesday, July 8, 2025 4:21:47 AM (UTC-10:00) Hawaii
    To: HLU Committee <HLU.Committee@mauicounty.us>
    Subject: STR

    I know the comment/testimony period has expired, but it appears the debate is still ongoing. Please put me down again as being opposed to this legislation. I understand the desire to appease a small vocal minority at the expense of a larger silent majority. If the consequences in this case were not so catastrophic I would simply advise going along to get along. However, in this case the legislation clearly won't accomplish anything regarding cost of living in Maui. The legislation will be devastating for many hard working families on your island who depend on your only source of revenue...tourism. Please take this into account while deliberating. Thank you.

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    Guest User 19 days ago

    Let’s turn the entire island in hotel/resort zones and we can all rent our homes and offices on a nightly basis.

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    Guest User 19 days ago

    By 2030, Maui will be denser, faster-growing, and legally restructured to favor development. But whether that translates to local prosperity or systemic gentrification will depend on how counties enforce, regulate, and prioritize community benefit over developer ROI.

    ✨ Maui can:
    • Restore long-term housing through Bill 9,
    • Use state reforms to reshape neighborhoods for local families,
    • Or, if mismanaged, accelerate displacement, tourism creep, and infrastructure failure.

    Based on this council and the mayor, people of Maui are screwed.

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    Guest User 20 days ago

    The suggestion that Maui County should spend $45 million annually from the affordable housing fund to purchase or subsidize short-term rental (STR) units as an alternative to passing Bill 9 is deeply flawed and economically unsound. This proposal assumes that the County should use public funds to buy or subsidize luxury market units that were never intended to be affordable in the first place. These units were built and marketed for transient use, not long-term residential housing, and using taxpayer money to preserve inflated property values is neither a sustainable nor responsible approach to affordable housing.

    The claim that units sitting on the market, even after $200,000 to $300,000 reductions, must therefore be “affordable” is misleading. These units are not moving because they remain fundamentally out of reach for local families. If you have to subsidize a property by $350,000 to make it marginally affordable, then by definition, it is not affordable. These are not starter homes—they are speculative investment assets priced and built for vacation rental income, not for working families trying to establish generational roots on Maui.

    Suggesting that the County become a landlord for dozens or hundreds of these units introduces another layer of risk and inefficiency. Managing resort-style condos scattered across the island, many of which are governed by private associations with strict rules and high maintenance fees, would require the County to build a massive new property management infrastructure. Moreover, using public funds to prop up units in resort zones fundamentally misaligns with the purpose of public housing efforts, which should prioritize community-centric, long-term affordable development—not high-cost units in areas designed for tourism.

    This line of argument also fails to address the root issue that Bill 9 directly confronts: the misuse of A-1 and A-2 Apartment District zoning. These zones were never intended for hotel-like operations, and the Minatoya Exemption represents a bureaucratic loophole that has distorted Maui’s housing market for decades. Bill 9 simply restores the intended purpose of apartment zoning and reclaims land use for the residents who need it most. Choosing to spend millions on subsidizing investor-owned units rather than reforming the structural problem is a backwards solution.

    Additionally, the idea that purchasing these units would avoid water or legal issues is factually incorrect. Many of the properties being referenced are located in areas with water constraints, HOA limitations, and legal covenants that complicate long-term residential use. Ownership alone does not remove these barriers. Nor does it make the units suitable for kupuna, families with children, or low-income residents who need housing within reach of schools, healthcare, and employment—not isolated in tourist zones.

    In reality, this proposal would shift the burden of a broken market onto taxpayers while preserving the profitability of failed STR investments. That is neither equitable nor strategic. Bill 9 offers a zoning-based correction that restores balance and repurposes existing housing for long-term residents. It’s time to stop subsidizing speculation and start defending the integrity of our housing system.

    Greg Schenk
    Wailuku Resident

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    Guest User 20 days ago

    The suggestion that Maui County should spend $45 million annually from the affordable housing fund to purchase or subsidize short-term rental (STR) units as an alternative to passing Bill 9 is deeply flawed and economically unsound. This proposal assumes that the County should use public funds to buy or subsidize luxury market units that were never intended to be affordable in the first place. These units were built and marketed for transient use, not long-term residential housing, and using taxpayer money to preserve inflated property values is neither a sustainable nor responsible approach to affordable housing.

    The claim that units sitting on the market, even after $200,000 to $300,000 reductions, must therefore be “affordable” is misleading. These units are not moving because they remain fundamentally out of reach for local families. If you have to subsidize a property by $350,000 to make it marginally affordable, then by definition, it is not affordable. These are not starter homes—they are speculative investment assets priced and built for vacation rental income, not for working families trying to establish generational roots on Maui.

    Suggesting that the County become a landlord for dozens or hundreds of these units introduces another layer of risk and inefficiency. Managing resort-style condos scattered across the island, many of which are governed by private associations with strict rules and high maintenance fees, would require the County to build a massive new property management infrastructure. Moreover, using public funds to prop up units in resort zones fundamentally misaligns with the purpose of public housing efforts, which should prioritize community-centric, long-term affordable development—not high-cost units in areas designed for tourism.

    This line of argument also fails to address the root issue that Bill 9 directly confronts: the misuse of A-1 and A-2 Apartment District zoning. These zones were never intended for hotel-like operations, and the Minatoya Exemption represents a bureaucratic loophole that has distorted Maui’s housing market for decades. Bill 9 simply restores the intended purpose of apartment zoning and reclaims land use for the residents who need it most. Choosing to spend millions on subsidizing investor-owned units rather than reforming the structural problem is a backwards solution.

    Additionally, the idea that purchasing these units would avoid water or legal issues is factually incorrect. Many of the properties being referenced are located in areas with water constraints, HOA limitations, and legal covenants that complicate long-term residential use. Ownership alone does not remove these barriers. Nor does it make the units suitable for kupuna, families with children, or low-income residents who need housing within reach of schools, healthcare, and employment—not isolated in tourist zones.

    In reality, this proposal would shift the burden of a broken market onto taxpayers while preserving the profitability of failed STR investments. That is neither equitable nor strategic. Bill 9 offers a zoning-based correction that restores balance and repurposes existing housing for long-term residents. It’s time to stop subsidizing speculation and start defending the integrity of our housing system.

    Greg Schenk
    Wailuku Resident

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    Guest User 20 days ago

    This legislation will do little to no good in terms of providing housing that local families can afford. Maui County should use affordable housing funds already being collected to purchase or subsidize purchases. There are many STR units from the Minatoya list that are for sale now and they are not selling. Even after 200,000 to 300,000 reductions from Maui County assessed values. If these units were affordable and local families could afford them they would be “flying off the market”. Maui County could purchase 64 unit each year (at $700,000 each) with the $45,000,000 budgeted per year in the affordable housing fund. Or subsidize purchases with $350,000 per unit and purchase 120+ units. This would make home ownership for local families much more affordable. Please consider this option as it could be implemented IMMEDIATELY. NO WATER ISSUES, NO LEGAL ISSUES with a plan like that. The County could also consider purchasing them and just becoming landlords like you are trying to force others to do. Please remember, you are not “converting” anything, you are simply saying short term rentals are not allowed. Individual homeowners still control the unit. If you want control, then buy them and deal with issues that landlords deal with.

    Mahalo

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    Guest User 20 days ago

    I support Bill 9 because it is a necessary correction to decades of zoning abuse and corporate capture of our housing market. The use of Apartment District (A-1 and A-2 zoned properties) for short-term vacation rentals has directly contributed to displacement, housing scarcity, and ecological stress. This bill is a step toward rebalancing our land use priorities in favor of residents, not profit.

    But let me be clear: I do not support the motives of the Council majority, the Mayor’s office, or the State. This is not a government of the people—it is an operation under duress, forced to act only because public outrage reached a boiling point after the Lāhainā fires and continued displacement of working families. Many of the same officials backing Bill 9 today have protected the very exemptions, loopholes, and investor interests that created this crisis.

    This is not reform by conviction. This is reform by pressure. And I urge the public to remain vigilant. We must pass Bill 9 not because we trust the committee, but because we no longer can.

    If this bill passes, it will be a rare win despite the system—not because of it.

    Mahalo.
    Justin Rante

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    Guest User 21 days ago

    From: Andrew Pamplona <noreply@adv.actionnetwork.org>
    Sent: Sunday, July 6, 2025 7:34:29 AM (UTC-10:00) Hawaii
    To: HLU Committee <HLU.Committee@mauicounty.us>
    Subject: Support for Bill 9 to Phase Out the Minatoya List!

    Housing Land Use Committee,

    Aloha Councilmembers,
    Please SUPPORT Bill 9 to phase out the short term rentals on the Minatoya list without carveouts or special protections for timeshares.

    We need you folks to do the right thing in the best interest of working common families. May God help you all.

    Andrew Pamplona
    andrewpamplona@gmail.com

    Kahului, Hawaii 96732

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    Guest User 21 days ago

    From: Bob Ward <bobyboy49@gmail.com>
    Sent: Saturday, July 5, 2025 12:16:17 PM (UTC-10:00) Hawaii
    To: HLU Committee <HLU.Committee@mauicounty.us>
    Subject: Bill 9

    The Mayor was correct in predicting that his announced plans to implement an STR ban would lower prices. It has e.g. I've been following sales at Kamaole Sands since the proposed ban first surfaced. The prices have dropped at leaset 25%.

    From the sales I've looked at, unfortunately none have been by a local buyer. All sales seem to have been to Mainlanders. These buyers don't plan to rent, they just want a second home on Maui, and now they can afford it.

    Should we ban Kamaole Sands sales to Mainlanders so the locals are the only potential buyers?

    Mahalo

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    Guest User 21 days ago

    Delaying implementation is not compromise — it’s complicity. Every year of delay is a calculated betrayal of Maui’s working families, done to protect investor profits and preserve political deniability. This isn’t leadership — it’s legislative cowardice in service of capital.

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    Guest User 21 days ago

    Listen to Stan Franco

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    Guest User 21 days ago

    Testimony in Strong Support of Bill 9
    Submitted to the Maui County Council Housing and Land Use Committee

    Aloha Chair Kama and Esteemed Councilmembers,

    I write in strong support of Bill 9, which would phase out short-term vacation rentals (STVRs) operating in the Apartment District—specifically A-1 and A-2 zoned properties—across Maui County.

    Response to Common Concerns from the Property Management Industry

    It has been suggested that this bill will not alleviate the affordable housing crisis and that there are already many units available for rent in areas like West Maui. Others have expressed concern that Bill 9 will harm local property management companies and their employees.

    While I acknowledge that any policy shift creates economic impacts, these objections miss the greater issue: Maui’s housing market is structurally distorted by the misuse of apartment-zoned properties for transient accommodations, and restoring those properties to their intended residential use is a necessary first step toward long-term solutions.

    1. Inventory Without Accessibility Means Nothing

    Claiming that many units are available ignores the reality of price, location, and lease terms. Units that are technically “available” but priced for tourists or part-time residents are not available to working local families, kūpuna, or young professionals. Bill 9 helps reorient the market by reclaiming housing from speculative, short-term use and returning it to the long-term rental pool.

    2. Zoning Law Exists to Serve the Public Good

    Apartment Districts were never meant to function as hotel zones. The long-standing misapplication of these zones for STVRs has enriched a few while displacing many. No business is entitled to a profit from an unlawful or grandfathered use, especially when that use contributes directly to the housing crisis we now face.

    Bill 9 does not outlaw short-term rentals across the island—it simply enforces appropriate land use. It restores consistency and fairness to Maui’s planning system.

    3. Short-Term Rentals Drive Long-Term Housing Out of Reach

    The core issue is that STVRs in apartment zones artificially inflate real estate values and remove homes from residential use. This increases rental prices, reduces availability, and puts additional strain on infrastructure, traffic, and emergency services.

    Reversing this trend won’t happen overnight, but Bill 9 lays the foundation for rebuilding a housing market that actually serves local needs, not just visitor demand.

    4. The Transition is Manageable—The Status Quo is Not

    This bill includes a reasonable phase-out period to allow businesses and owners to adapt. The County must be clear-eyed about priorities: the short-term economic inconvenience of a few cannot outweigh the long-term survival of the many.

    Conclusion

    Bill 9 is not a silver bullet. But it is a long-overdue correction to a system that has privileged profits over people, and tourism over community stability. If we are serious about addressing affordable housing, we must stop allowing Apartment-zoned lands to be used as de facto resorts.

    Please pass Bill 9. Restore zoning integrity. Prioritize housing for residents.

    Mahalo for your time and commitment to Maui’s future.

    Respectfully,

    John Leialoha
    Wailuku Resident

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    Guest User 21 days ago

    This bill is not about affordable housing, it’s about providing a legal solution to an unattainable housing goal.

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    Guest User 22 days ago

    This bill is not about affordable housing.

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    Guest User 22 days ago

    Aloha. My name is lonelle newman and I am part owner of a small property management company located in west maui. I do not believe that this bill as written will alleviate the issue of affordable housing for local residents. There are many units available for rent on Maui and specifically West maui as of today. Please do not pass this bill as it will devastate My company and my employees livelihood. Mahalo for your thoughtful consideration.