Another major issue that has received very little public discussion is the long-term financing and lending impact these new H-3 and H-4 hotel districts may create for affected condominium projects and future buyers.
At present, many of the affected properties exist in a hybrid condition where they are apartment-zoned condominium projects historically allowed to operate transient vacation rentals under prior County policy interpretations. Bill 88 attempts to formalize that hybrid structure further by creating hotel-style zoning classifications specifically intended to preserve ongoing transient visitor accommodation activity within those projects.
The County should seriously consider the long-term financial and lending consequences of creating these new classifications.
As properties become more formally tied to hotel-style and commercial visitor accommodation operations, lenders, insurers, secondary mortgage markets, and underwriting institutions may increasingly evaluate these projects differently than traditional residential condominium inventory.
That distinction matters.
The more a property functions as a commercial lodging operation involving:
• transient occupancy,
• hotel-style use,
• commercial management,
• hospitality operations,
• nightly or weekly rental turnover,
• and tourism-based income generation,
the more likely lenders and financial institutions may begin treating those projects as commercial or condotel-style inventory rather than traditional residential housing.
That can affect:
• financing availability,
• down payment requirements,
• interest rates,
• insurance costs,
• reserve requirements,
• lender participation,
• appraisal consistency,
• and future marketability.
It may also create long-term uncertainty for future buyers, lenders, and homeowners associations regarding whether these properties should fundamentally be treated as:
• residential condominiums,
• commercial lodging projects,
• hybrid resort properties,
• or some new mixed-use category created through H-3 and H-4.
Ironically, in attempting to preserve transient rental activity through these new zoning classifications, the County may unintentionally create additional financing instability and classification uncertainty for the very properties it claims to be helping.
This issue deserves far more public discussion before Maui County creates entirely new hotel zoning structures that may carry significant long-term financial, lending, and market consequences not yet fully understood by the public, property owners, buyers, lenders, or the County itself.
The only way out of this madness a US elected representative with one central platform item:
A due-diligence federal investigation to take a serious look at the legitimacy of the annexation of the so-called state of HI... and the occupied nation of Maui.
The November 2027 ballot has a nonzero chance to have a referendum for Maui locals that includes - international sovereignty of the occupied nation of... MAUI!
Or, one rep out of 400+...representing four islands and then some.
Maui has everything it needs to be an international leader.
A so-called "bio-break" at the County building... is connected to a municipal wastewater treatment plant (Kahului WWRF) in noncompliance with NPDES program requirements, with absolutely no disinfection treatment step before effluent groundwater discharge, ceased improperly in 2018 without public notice, and placing anyone who may swim in the injection well plume at Kanaha or even the Kahului Harbor, at significant risk.
"Not pau yet?"
"Bio-break?"
We feel so attacked!
By life-threatening pathogens.
And deadly irony.
Stop the madness!
2 clues:
1. Sanitation and safety
2. Housing and security
Any questions?
'Get Out' moment:
[opens note]
THAT'S NOT YOUR GRANDPA!!!
(But if it is, could you kindly... ask him to please consider advancing work to keep us safe?)
The cognitive "software update" to the "hack" of beloved (and truly kind) leaders checking all the cultural boxes, but none of the policy, is...
the opposite!
Uncontrolled pathogen releases are "not* the "culture" visitors are looking for.
Advancing STR rezoning to conceal this catastrophic gap in care and lack of internal consistency, aka coherence, needs to be addressed substantively, and without delay.
Good day Chair & Committee, My name is Bonnie. Thank you for hearing my Testimony in favor of Bill 88 as was voted in Council last December which goes a long way to help Maui find a proper zoning alignment, modernization and clarity within the zoning code. One that recognizes it is economically essential to balance the needs of Mauiʻs residents with the tourist industry and continues to LIMIT any increase in buildings allowed to offer TVRs.
Before April 20, 1989. Transient Vacation Rental (TVR) use was an approved use in all Apartment districts on Maui, but in 1989, in recognition of a serious shortage of long-term rentals, the County Council voted in Ordinance 1797 to ban short-term rentals in the apartment zoning district. But in that same measure the Council exempted any property that already had its “entitlements” such as building permit, SMA permit or planned development approved by April 20, 1989. Ordinance 1797 recognized original zoning for these properties allowed short term rentals in certain areas designated as resort zones – meant for tourists. There were already Hotels in these areas but planning recognized the need to provide short term rentals in a more relaxed atmosphere.
When passed, Bill 9 eliminated the right to do vacation rentals in A1/A2 zoning districts. Permitting not an option in these areas
To continue to operate as legal rentals, this left only upzoning to H1/H2 as an option. But that zoning is not appropriate around apartment areas and would allow those properties to bring in Nightclubs, build higher building etc – not things welcomed in low rise areas.
Criteria like shore line rise, parking etc should be considered but as was determined earlier it should applied to all zones that are ocean front and not just one zone.
Thank you for listing to my support of this necessary addition to zoning options on Maui.
If STR "customers" had a reasonable expectation that nights procured at any condo in Ma'alaea since the SCOTUS April 23, 2020, decision on injection wells were discharging into legally compliant wastewater systems, when no NPDES permits for nearshore injection well discharges have been obtained, any charges on such products may be eligible for what's called a "fraud charge back" refund from your credit card providers for any and all dollars and cents that may have been spent staying at the legally non-compliant facilities.
This is not legal advice, and every credit card company is different, but if you thought it was safe to go in the ocean there, or that you were getting some kind of "eco" visitor experience that met legal requirements, you just... didn't. If you got sick after swimming there, you may also have the right to politely ask your "host" to pay those expenses, missed work, pain and suffering, and emotional distress included.
You have a lot of rights as a consumer. If your reasonable expectations of a safe and legal vacation experience were not met, you may be by all measures entitled to a refund. Every penny!
Call your credit card companies today - transfer the recovered funds to the Lahaina Strong folks or any one of the other amazing unsheltered support organizations through any of many nonprofits helping actual real people.
These are your rights.
Exercise them!
If you stay strong, you don't have to get strong.
The STR people only speak the language of currency.
Translate your feelings about their business model into appropriate commands that they will understand: cash.
Mahalo nui loa, and all the best... to those who care about legal compliance and the safety of their fellow human beings
Committee Members; if the County truly believed Bill 9 represented the correct long-term housing policy after years of debate, then implementation and judicial review should proceed first before constructing parallel zoning preservation mechanisms.
Please pass Bill 88 in support of allowing STR use to continue on the exhibit 2 properties. Also, if granted h3/h4 zoning, will those building be property taxed at hotel rates? Mahalo
I am a condo owner at Maui Vista. I am writing to share my concerns and deep hopes regarding Bill 88 and its plan to create new H-3 and H-4 Hotel Districts.
First and foremost, I want to be clear that my participation in this process does not mean I am waiving or giving up any of my legally vested or nonconforming use rights. I, and many other owners like me, have relied for decades on lawful transient vacation rental use established under County and State law, and that lawful use cannot simply be taken away by changing zoning labels.
Hawaiʻi Revised Statutes § 46-4(a) states plainly that a zoning ordinance cannot prohibit the continued lawful use of a property when the new ordinance takes effect. Courts have reinforced this principle because it protects long-standing property rights from arbitrary or retroactive government action. These rights matter not just as technical legalities, but because they represent people’s trust, investments, and livelihoods.
Even if the County chooses to rely on Act 17 or amortization provisions, we urge that it not be treated as a blank check to ignore vested rights, due process, equal protection, or fairness. The County must be able to explain openly and on record how it believes it can phase out long-standing lawful uses without violating those principles.
The Maui Planning Department has already acknowledged that transient vacation rentals were previously recognized under the A-1 and A-2 Apartment District framework before Ordinance 5909. Bill 88 essentially takes those same longstanding criteria and places them within new “H” zones. That means the County doesn’t need to “reinvent” something that already existed and was legally recognized. The prior framework already separated lawful historic TVR properties from those that were not.
That’s why I ask that the County first recognize and preserve existing vested uses before creating new zoning layers. But if it insists on going forward with H-3 and H-4, the process must be objective, transparent, and consistent, not political or selective. Decisions should be based on evidence and clear criteria such as proof of lawful historic use, tax treatment, no expansion beyond existing units, and realistic assessment of whether a property can truly function as affordable housing.
I understand Maui’s need for housing and care deeply about our beloved Maui's future. But eliminating lawful transient uses at properties like mine will not produce real affordable housing. It will instead create legal uncertainty, financial harm, and possible disinvestment, with little or no housing benefit to show for it.
I therefore respectfully ask the Committee to:
1. Affirm that Bill 88 does not waive or extinguish any vested rights or lawful uses.
2. Acknowledge that lawful transient uses under A-1 and A-2 zoning remain valid.
3. Clarify on record the legal authority being used to alter or eliminate those uses.
4. Ensure any H-3/H-4 process is grounded in objective, evidence-based criteria.
5. Guarantee consistent treatment for all similarly situated properties.
6. Avoid adding unrelated shoreline, parking, or liability conditions at this stage.
7. Require a proper record with evidence before denying any property’s use.
8. Address the contradiction between sea-level-rise policy and housing designations.
This is not just a technical zoning issue for me, it is deeply personal. For years I have poured care, resources, and unwavering compliance into Maui Vista. I have paid every property and transient accommodation tax required and maintained my property to County and State standards, and operated with full transparency and respect.
Just as importantly, I have supported Maui’s workforce year after year. I employ LOCAL property managers, skilled maintenance workers, housekeepers, journeymen, and locally owned companies who keep our condos safe, functional, and well‑maintained. These are real people with real families, and my commitment to them has been consistent and long‑standing.
What I are asking for today is simple: A fair, lawful process that honors logic, established rules, and the people who relied on those rules in good faith.
Mahalo nui loa for your careful attention and for considering how deeply this issue impacts both homeowners and the integrity of our community’s laws.
With respect and aloha,
Barbara Haynes
Owner Maui Vista
I am an Owner at the Kaanapali Royal since 2011 I have lived here full time. I have rented out long term rental in my home since 2011throught May of 2022. I just got to be to expensive when it cost me money out of my pocket to have renters.
During covid with the mandatory11 If the renter can't pay the rent you could not kick them out and they did not have to pay.
That cost me over $2,700 a month basically my HOA the r4ent did not cover my costs. I had a death in my family and had to go to the main land from Dec 202 to May 2022
the cost of $2,700 a month on top of my rent in Utah $3000 that's $5,700 x 18 months =$102,600 . In loss
I just started my short term rental in my guest room Like a Bed and Breakfast. I could not afford to continue to not live in my HOME!
The short term rental started after many weeks of extremely hard work to pay off.
Then the Maui Wild Fires! Mandatory! no short term rental's I was forced to cancel over $147,000 of rent for the next 18 months.
I have lived here, worked at the Westin for over 9.5 years but I was serveranced due to Covid.
My shot term rental is the only thing that has kept a roof over my head. When I purchased my Codo It was zoned Short term rental. Ans always has been since 1982 I have the rack rate sheet on the back of my bedroom door to prove it the original.
This monster of saying the Castaway's is OK/ but us and Eldarado are not? Someones Antie is on the planning commission
We all pay for KOR Kaanapali Ocean Resort fees taxes for the Trolly roads etc, all three properties??? We are all zoned in the Kaanapali Resort Hotel zone.
You need to be Ethical and fair. This is not either.
Stephie Sill
808-500-8226
I wanted to speak but did not see the dead line on this
Ron and I have owned our Papakea one-bedroom ocean view condominium since 1977. It’s been in a rental program all these years, and we have maintained it at an A level ever since. It was important to us to do this as we believed our little sanctuary represented part of the beauty and spirit of Hawaii.
Please join us as we support the continued use of short term rental at Papakea!
I'm going to keep this simple. When debacles like the passing and repealing of bill nine surface, it shows the deeper cracks in our government framework and what the limitations of our administration are. Bill nine was one of those bills that had two faces. It was presented to the public as a solution to the housing crisis post lahaina fires by requiring some apartment owners to turn their transient vacation rentals into long term rentals. I don't know exactly why this discussion for repeal came about, whether it's the lawsuits, bill nine impeding on the planning departments intentions to put hotels in Paia or coming to the conclusion that turning short term apartment rentals into long term units wasn't going to restore housing in a way that is significant and equitable to the form of housing that was in Lahaina before the fires. Whatever the move was, there's some factors that the community would like you to keep in mind. Repealing bill nine does not mean that 50 foot buildings in Paia are the way to go. Continuing to build houses where they once stood should pull more planning focus than a hotel on Pulehu where no building has ever stood. Now is not the time to factor in new ways to capitalise on the hotel industries.. Your constituents have been very vocal about this. The community is at the mercy of whatever the county plans to do after this bill is either removed or kept, and we beg you to put your intentions into making impactful choices for the health, safety, and overall protection of the residents displaced to disasters in the recent years, and to the native Hawaiians displaced throughout history. Gone should be the days where the needs of any industry are regarded more so than the cries of your community. And really it should be noted that if these sentiments don't resonate with members in the council, maybe your political career isn't bringing enough balance to the table in order to sustain the community. No matter the choice you make or what you plan to implement after the fact, voters will remember the consequences your actions will have today.
Aloha Chair, Vice-Chair, and Members of the Housing and Land Use Committee,
I am writing in strong support of Bill 88. Maui County urgently needs modernized, accurate zoning classifications for longstanding visitor accommodations. Bill 88 provides a sensible, fair framework by establishing the proper zoning districts (H3/H4) for properties that have legally existed and operated as short-term rentals for decades.
Passing this bill is vital for several key reasons:
* Honoring Historical Intent and Legal Rights: Many of these complexes were explicitly purpose-built as resorts and vacation rentals dating back to the 1970s and 1980s. They are not speculative, investor-driven short-term rentals disrupting traditional residential neighborhoods. Owners purchased these properties in good faith, relying on the established legal framework (such as the Minatoya List). Retroactively stripping these rights is fundamentally unfair and invites costly, protracted litigation that benefits no one.
* Protecting Maui’s Economy and Local Workforce: Tourism remains the economic engine of our county. Eliminating a massive swath of legal lodging inventory will have devastating ripple effects. According to UHERO projections, eliminating STRs in apartment-zoned districts could result in a staggering loss of approximately $750 million in annual tax revenue, reduce visitor spending by roughly $900 million, and cost our community 1,900 jobs. These aren't just numbers; they represent the livelihoods of local housekeepers, maintenance staff, landscapers, property managers, and small business owners.
* The Reality of Affordable Housing: While Maui’s housing crisis is severe and demands urgent action, targeting legacy visitor accommodations is the wrong approach. Aging oceanfront properties in areas like Kihei, Wailea, and Ma‘alaea come with exorbitant ownership costs, massive infrastructure maintenance, seawall mitigation, and high HOA fees. Stripping their STR status will not magically transform them into affordable housing for local working families. They will simply sit vacant, become second homes for the ultra-wealthy, or fall into disrepair—all while the County loses the critical tax revenue needed to actually fund workforce housing near employment centers and schools.
Bill 88 is an opportunity to fix a long-standing zoning flaw. It creates clarity for property owners, residents, and the County's land-use system moving forward.
I urge the Committee to protect our local economy, respect legally established property rights, and vote to support Bill 88.
Mahalo for your time, careful consideration, and service to Maui County.
I strongly believe Maui County needs clearer and more modern zoning classifications for longstanding visitor accommodation uses that have legally existed for many years.
I support Bill 88 which would change zoning from apartment to hotel for complex complexes that were built as resorts and hotels yet were zoned as apartments. This is an opportunity to correct that error and change from apartment to hotel zoning so I do support Bill 88 my name is James VanBlarigan.
Aloha .. PLEASE support Bill No. 88 .. having lived (and owned) in a resort condo complex (full-time / year-round) for over forty years... we would be most grateful if this bill is passed .. mahalo nui loa ..
May 25, 2026
RE: Bill 88 H3/H4 ZONING DISTRICTS
Aloha Maui County Councilmembers,
I have been visiting Maui since the 1970s and have owned condos in Ma‘alaea, Wailea, and Kihei for over 30
years.
Currently, I am the Vice President of Maalaea Banyans AOAO.
Short-term rentals were explicitly allowed in the declaration for Maalaea Banyans, approved by the County when
the property was built almost 50 years ago, and the property has operated with short-term rentals ever since. It
was also grandfathered under the Minatoya List, as were many properties in Wailea and Kihei.
How Mayor Bissen can now contend that if too many owners spend too much time in another ZIP code, they can
and should be deprived of the legal and constitutional property rights they have had and enjoyed since purchasing
their property is difficult to understand.
Although Maalaea Banyans was not included on the TIG E2 list, it shares many of the same reasons these
oceanfront Ma‘alaea properties are not viable candidates for long-term affordable housing: limited storage,
insufficient parking for multiple vehicles per unit, sea level rise concerns, and distance from major employment
centers, schools, and shopping.
Most important, aging infrastructure costs make these properties unrealistic as affordable housing options. Only
because Maalaea Banyans functions successfully as a short-term rental property are owners able to afford the
substantial maintenance and repair costs required to preserve a nearly 50-year-old oceanfront building.
Passing Bill 88 establishes the framework for the potential creation of H3/H4 zoning districts for vacation rentals.
While I understand it does not currently address specific buildings, all Ma‘alaea condominium properties are
facing major future infrastructure costs and likely special assessments simply to maintain these aging oceanfront
communities.
Many owners stay in their condominiums for weeks or months at a time and have done so for decades.
Eliminating the short-term rental option would deprive owners not only of rental income but also of the ability to
continue spending meaningful time in Maui, as they have for many years.
Because of the higher short-term rental tax classification, owners already pay substantial county real property
taxes. In my case, the tiny one-bedroom condominiums generate nearly $10,000 annually in county property
taxes, and my two-bedroom unit generates $13,000.
UHERO projects a loss of approximately $750 million in annual tax revenue if short-term rentals are eliminated.
UHERO also projects that eliminating STRs in apartment-zoned districts could reduce visitor days by 32%,
reduce visitor spending by approximately $900 million annually, and result in the loss of roughly 1,900 jobs.
In return for this staggering loss of tax and visitor revenue, UHERO suggests some units may become available
for long-term rental housing but provides little evidence that these units would become truly affordable or
suitable for local working families.
Thoughtful development of workforce housing near employment centers, schools, and infrastructure̶designed
specifically for local and multigenerational families̶would do far more to address Maui’s housing challenges
without undermining the constitutional rights of thousands of long-time property owners who have supported
Maui for decades.
It would also help avoid lengthy and expensive litigation that benefits no one.
Ma‘alaea condominiums are unique. The oceanfront corridor along Hauoli Street has one road in and one road
out, is surrounded by agricultural and conservation districts, and has already spent years pursuing a regional
wastewater reclamation solution. Those efforts would provide significant environmental and water conservation
benefits for the community.
I appreciate your careful consideration of these issues as you evaluate your next steps.
Mahalo and Aloha,
Terri Zager
Vice President, Maalaea Banyans AOAO
When resort properties were built specifically for vacation rental, there was no applicable zoning for them. Therefore, post facto, the Minatoya list was created. It is time to establish proper zoning categories for these properties, which are the proposed H3 and H4. I urge passage of Bill 88.
I am in support of this measure. In the 70s when Maui development was at a peak no such zones existed for vacation rental prpperties to exist. They were built as permitted by the County but some properties were intended to be second home and short term rental from the beginning. This Bill corrects long-standing shortfalls in zoning and the Planning Department wants that too
Another major issue that has received very little public discussion is the long-term financing and lending impact these new H-3 and H-4 hotel districts may create for affected condominium projects and future buyers.
At present, many of the affected properties exist in a hybrid condition where they are apartment-zoned condominium projects historically allowed to operate transient vacation rentals under prior County policy interpretations. Bill 88 attempts to formalize that hybrid structure further by creating hotel-style zoning classifications specifically intended to preserve ongoing transient visitor accommodation activity within those projects.
The County should seriously consider the long-term financial and lending consequences of creating these new classifications.
As properties become more formally tied to hotel-style and commercial visitor accommodation operations, lenders, insurers, secondary mortgage markets, and underwriting institutions may increasingly evaluate these projects differently than traditional residential condominium inventory.
That distinction matters.
The more a property functions as a commercial lodging operation involving:
• transient occupancy,
• hotel-style use,
• commercial management,
• hospitality operations,
• nightly or weekly rental turnover,
• and tourism-based income generation,
the more likely lenders and financial institutions may begin treating those projects as commercial or condotel-style inventory rather than traditional residential housing.
That can affect:
• financing availability,
• down payment requirements,
• interest rates,
• insurance costs,
• reserve requirements,
• lender participation,
• appraisal consistency,
• and future marketability.
It may also create long-term uncertainty for future buyers, lenders, and homeowners associations regarding whether these properties should fundamentally be treated as:
• residential condominiums,
• commercial lodging projects,
• hybrid resort properties,
• or some new mixed-use category created through H-3 and H-4.
Ironically, in attempting to preserve transient rental activity through these new zoning classifications, the County may unintentionally create additional financing instability and classification uncertainty for the very properties it claims to be helping.
This issue deserves far more public discussion before Maui County creates entirely new hotel zoning structures that may carry significant long-term financial, lending, and market consequences not yet fully understood by the public, property owners, buyers, lenders, or the County itself.
The Maui County Council has almost infinite potential to lead not only us citizens to a brighter day, but all of humanity (by example).
Any vote on Bill 88 is a role call.
What will the bridge of our living, breathing island ships, the finest vessels of life in the history of the entire universe, look like after today?
Here is the referendum in the simplest of terms.
Aye votes indicate yet another episode of... Space Balls.
Nays - Star Trek.
The previous sole Nay vote:
a straight-up Jedi master, like rub your eyes and SHE'S STILL THERE.
...and so are we.
Mahalo nui loa for your service!
[Deep bow to the current reigning "Queen of Hope"]
The only way out of this madness a US elected representative with one central platform item:
A due-diligence federal investigation to take a serious look at the legitimacy of the annexation of the so-called state of HI... and the occupied nation of Maui.
The November 2027 ballot has a nonzero chance to have a referendum for Maui locals that includes - international sovereignty of the occupied nation of... MAUI!
Or, one rep out of 400+...representing four islands and then some.
Maui has everything it needs to be an international leader.
This is the only real solution to this madness.
A US Rep. intending to eliminate the position.
Aloha
Ironic moment of the day:
A so-called "bio-break" at the County building... is connected to a municipal wastewater treatment plant (Kahului WWRF) in noncompliance with NPDES program requirements, with absolutely no disinfection treatment step before effluent groundwater discharge, ceased improperly in 2018 without public notice, and placing anyone who may swim in the injection well plume at Kanaha or even the Kahului Harbor, at significant risk.
"Not pau yet?"
"Bio-break?"
We feel so attacked!
By life-threatening pathogens.
And deadly irony.
Stop the madness!
2 clues:
1. Sanitation and safety
2. Housing and security
Any questions?
'Get Out' moment:
[opens note]
THAT'S NOT YOUR GRANDPA!!!
(But if it is, could you kindly... ask him to please consider advancing work to keep us safe?)
The cognitive "software update" to the "hack" of beloved (and truly kind) leaders checking all the cultural boxes, but none of the policy, is...
the opposite!
Uncontrolled pathogen releases are "not* the "culture" visitors are looking for.
Advancing STR rezoning to conceal this catastrophic gap in care and lack of internal consistency, aka coherence, needs to be addressed substantively, and without delay.
Aloha
Good day Chair & Committee, My name is Bonnie. Thank you for hearing my Testimony in favor of Bill 88 as was voted in Council last December which goes a long way to help Maui find a proper zoning alignment, modernization and clarity within the zoning code. One that recognizes it is economically essential to balance the needs of Mauiʻs residents with the tourist industry and continues to LIMIT any increase in buildings allowed to offer TVRs.
Before April 20, 1989. Transient Vacation Rental (TVR) use was an approved use in all Apartment districts on Maui, but in 1989, in recognition of a serious shortage of long-term rentals, the County Council voted in Ordinance 1797 to ban short-term rentals in the apartment zoning district. But in that same measure the Council exempted any property that already had its “entitlements” such as building permit, SMA permit or planned development approved by April 20, 1989. Ordinance 1797 recognized original zoning for these properties allowed short term rentals in certain areas designated as resort zones – meant for tourists. There were already Hotels in these areas but planning recognized the need to provide short term rentals in a more relaxed atmosphere.
When passed, Bill 9 eliminated the right to do vacation rentals in A1/A2 zoning districts. Permitting not an option in these areas
To continue to operate as legal rentals, this left only upzoning to H1/H2 as an option. But that zoning is not appropriate around apartment areas and would allow those properties to bring in Nightclubs, build higher building etc – not things welcomed in low rise areas.
Criteria like shore line rise, parking etc should be considered but as was determined earlier it should applied to all zones that are ocean front and not just one zone.
Thank you for listing to my support of this necessary addition to zoning options on Maui.
Aloha,
If STR "customers" had a reasonable expectation that nights procured at any condo in Ma'alaea since the SCOTUS April 23, 2020, decision on injection wells were discharging into legally compliant wastewater systems, when no NPDES permits for nearshore injection well discharges have been obtained, any charges on such products may be eligible for what's called a "fraud charge back" refund from your credit card providers for any and all dollars and cents that may have been spent staying at the legally non-compliant facilities.
This is not legal advice, and every credit card company is different, but if you thought it was safe to go in the ocean there, or that you were getting some kind of "eco" visitor experience that met legal requirements, you just... didn't. If you got sick after swimming there, you may also have the right to politely ask your "host" to pay those expenses, missed work, pain and suffering, and emotional distress included.
You have a lot of rights as a consumer. If your reasonable expectations of a safe and legal vacation experience were not met, you may be by all measures entitled to a refund. Every penny!
Call your credit card companies today - transfer the recovered funds to the Lahaina Strong folks or any one of the other amazing unsheltered support organizations through any of many nonprofits helping actual real people.
These are your rights.
Exercise them!
If you stay strong, you don't have to get strong.
The STR people only speak the language of currency.
Translate your feelings about their business model into appropriate commands that they will understand: cash.
Mahalo nui loa, and all the best... to those who care about legal compliance and the safety of their fellow human beings
www.supremecourt.gov/opinions/19pdf/18-260_jifl.pdf
Committee Members; if the County truly believed Bill 9 represented the correct long-term housing policy after years of debate, then implementation and judicial review should proceed first before constructing parallel zoning preservation mechanisms.
Please pass Bill 88 in support of allowing STR use to continue on the exhibit 2 properties. Also, if granted h3/h4 zoning, will those building be property taxed at hotel rates? Mahalo
I am a condo owner at Maui Vista. I am writing to share my concerns and deep hopes regarding Bill 88 and its plan to create new H-3 and H-4 Hotel Districts.
First and foremost, I want to be clear that my participation in this process does not mean I am waiving or giving up any of my legally vested or nonconforming use rights. I, and many other owners like me, have relied for decades on lawful transient vacation rental use established under County and State law, and that lawful use cannot simply be taken away by changing zoning labels.
Hawaiʻi Revised Statutes § 46-4(a) states plainly that a zoning ordinance cannot prohibit the continued lawful use of a property when the new ordinance takes effect. Courts have reinforced this principle because it protects long-standing property rights from arbitrary or retroactive government action. These rights matter not just as technical legalities, but because they represent people’s trust, investments, and livelihoods.
Even if the County chooses to rely on Act 17 or amortization provisions, we urge that it not be treated as a blank check to ignore vested rights, due process, equal protection, or fairness. The County must be able to explain openly and on record how it believes it can phase out long-standing lawful uses without violating those principles.
The Maui Planning Department has already acknowledged that transient vacation rentals were previously recognized under the A-1 and A-2 Apartment District framework before Ordinance 5909. Bill 88 essentially takes those same longstanding criteria and places them within new “H” zones. That means the County doesn’t need to “reinvent” something that already existed and was legally recognized. The prior framework already separated lawful historic TVR properties from those that were not.
That’s why I ask that the County first recognize and preserve existing vested uses before creating new zoning layers. But if it insists on going forward with H-3 and H-4, the process must be objective, transparent, and consistent, not political or selective. Decisions should be based on evidence and clear criteria such as proof of lawful historic use, tax treatment, no expansion beyond existing units, and realistic assessment of whether a property can truly function as affordable housing.
I understand Maui’s need for housing and care deeply about our beloved Maui's future. But eliminating lawful transient uses at properties like mine will not produce real affordable housing. It will instead create legal uncertainty, financial harm, and possible disinvestment, with little or no housing benefit to show for it.
I therefore respectfully ask the Committee to:
1. Affirm that Bill 88 does not waive or extinguish any vested rights or lawful uses.
2. Acknowledge that lawful transient uses under A-1 and A-2 zoning remain valid.
3. Clarify on record the legal authority being used to alter or eliminate those uses.
4. Ensure any H-3/H-4 process is grounded in objective, evidence-based criteria.
5. Guarantee consistent treatment for all similarly situated properties.
6. Avoid adding unrelated shoreline, parking, or liability conditions at this stage.
7. Require a proper record with evidence before denying any property’s use.
8. Address the contradiction between sea-level-rise policy and housing designations.
This is not just a technical zoning issue for me, it is deeply personal. For years I have poured care, resources, and unwavering compliance into Maui Vista. I have paid every property and transient accommodation tax required and maintained my property to County and State standards, and operated with full transparency and respect.
Just as importantly, I have supported Maui’s workforce year after year. I employ LOCAL property managers, skilled maintenance workers, housekeepers, journeymen, and locally owned companies who keep our condos safe, functional, and well‑maintained. These are real people with real families, and my commitment to them has been consistent and long‑standing.
What I are asking for today is simple: A fair, lawful process that honors logic, established rules, and the people who relied on those rules in good faith.
Mahalo nui loa for your careful attention and for considering how deeply this issue impacts both homeowners and the integrity of our community’s laws.
With respect and aloha,
Barbara Haynes
Owner Maui Vista
ALOHA,
I am an Owner at the Kaanapali Royal since 2011 I have lived here full time. I have rented out long term rental in my home since 2011throught May of 2022. I just got to be to expensive when it cost me money out of my pocket to have renters.
During covid with the mandatory11 If the renter can't pay the rent you could not kick them out and they did not have to pay.
That cost me over $2,700 a month basically my HOA the r4ent did not cover my costs. I had a death in my family and had to go to the main land from Dec 202 to May 2022
the cost of $2,700 a month on top of my rent in Utah $3000 that's $5,700 x 18 months =$102,600 . In loss
I just started my short term rental in my guest room Like a Bed and Breakfast. I could not afford to continue to not live in my HOME!
The short term rental started after many weeks of extremely hard work to pay off.
Then the Maui Wild Fires! Mandatory! no short term rental's I was forced to cancel over $147,000 of rent for the next 18 months.
I have lived here, worked at the Westin for over 9.5 years but I was serveranced due to Covid.
My shot term rental is the only thing that has kept a roof over my head. When I purchased my Codo It was zoned Short term rental. Ans always has been since 1982 I have the rack rate sheet on the back of my bedroom door to prove it the original.
This monster of saying the Castaway's is OK/ but us and Eldarado are not? Someones Antie is on the planning commission
We all pay for KOR Kaanapali Ocean Resort fees taxes for the Trolly roads etc, all three properties??? We are all zoned in the Kaanapali Resort Hotel zone.
You need to be Ethical and fair. This is not either.
Stephie Sill
808-500-8226
I wanted to speak but did not see the dead line on this
Aloha Housing and Land Use Committee,
Ron and I have owned our Papakea one-bedroom ocean view condominium since 1977. It’s been in a rental program all these years, and we have maintained it at an A level ever since. It was important to us to do this as we believed our little sanctuary represented part of the beauty and spirit of Hawaii.
Please join us as we support the continued use of short term rental at Papakea!
Mahalo for your time and consideration!
Ron and Kathleen Auth, C 309 Papakea
I'm going to keep this simple. When debacles like the passing and repealing of bill nine surface, it shows the deeper cracks in our government framework and what the limitations of our administration are. Bill nine was one of those bills that had two faces. It was presented to the public as a solution to the housing crisis post lahaina fires by requiring some apartment owners to turn their transient vacation rentals into long term rentals. I don't know exactly why this discussion for repeal came about, whether it's the lawsuits, bill nine impeding on the planning departments intentions to put hotels in Paia or coming to the conclusion that turning short term apartment rentals into long term units wasn't going to restore housing in a way that is significant and equitable to the form of housing that was in Lahaina before the fires. Whatever the move was, there's some factors that the community would like you to keep in mind. Repealing bill nine does not mean that 50 foot buildings in Paia are the way to go. Continuing to build houses where they once stood should pull more planning focus than a hotel on Pulehu where no building has ever stood. Now is not the time to factor in new ways to capitalise on the hotel industries.. Your constituents have been very vocal about this. The community is at the mercy of whatever the county plans to do after this bill is either removed or kept, and we beg you to put your intentions into making impactful choices for the health, safety, and overall protection of the residents displaced to disasters in the recent years, and to the native Hawaiians displaced throughout history. Gone should be the days where the needs of any industry are regarded more so than the cries of your community. And really it should be noted that if these sentiments don't resonate with members in the council, maybe your political career isn't bringing enough balance to the table in order to sustain the community. No matter the choice you make or what you plan to implement after the fact, voters will remember the consequences your actions will have today.
Aloha Chair, Vice-Chair, and Members of the Housing and Land Use Committee,
I am writing in strong support of Bill 88. Maui County urgently needs modernized, accurate zoning classifications for longstanding visitor accommodations. Bill 88 provides a sensible, fair framework by establishing the proper zoning districts (H3/H4) for properties that have legally existed and operated as short-term rentals for decades.
Passing this bill is vital for several key reasons:
* Honoring Historical Intent and Legal Rights: Many of these complexes were explicitly purpose-built as resorts and vacation rentals dating back to the 1970s and 1980s. They are not speculative, investor-driven short-term rentals disrupting traditional residential neighborhoods. Owners purchased these properties in good faith, relying on the established legal framework (such as the Minatoya List). Retroactively stripping these rights is fundamentally unfair and invites costly, protracted litigation that benefits no one.
* Protecting Maui’s Economy and Local Workforce: Tourism remains the economic engine of our county. Eliminating a massive swath of legal lodging inventory will have devastating ripple effects. According to UHERO projections, eliminating STRs in apartment-zoned districts could result in a staggering loss of approximately $750 million in annual tax revenue, reduce visitor spending by roughly $900 million, and cost our community 1,900 jobs. These aren't just numbers; they represent the livelihoods of local housekeepers, maintenance staff, landscapers, property managers, and small business owners.
* The Reality of Affordable Housing: While Maui’s housing crisis is severe and demands urgent action, targeting legacy visitor accommodations is the wrong approach. Aging oceanfront properties in areas like Kihei, Wailea, and Ma‘alaea come with exorbitant ownership costs, massive infrastructure maintenance, seawall mitigation, and high HOA fees. Stripping their STR status will not magically transform them into affordable housing for local working families. They will simply sit vacant, become second homes for the ultra-wealthy, or fall into disrepair—all while the County loses the critical tax revenue needed to actually fund workforce housing near employment centers and schools.
Bill 88 is an opportunity to fix a long-standing zoning flaw. It creates clarity for property owners, residents, and the County's land-use system moving forward.
I urge the Committee to protect our local economy, respect legally established property rights, and vote to support Bill 88.
Mahalo for your time, careful consideration, and service to Maui County.
Sincerely,
Bo
I am writing in support of Bill 88.
I strongly believe Maui County needs clearer and more modern zoning classifications for longstanding visitor accommodation uses that have legally existed for many years.
I support Bill 88 which would change zoning from apartment to hotel for complex complexes that were built as resorts and hotels yet were zoned as apartments. This is an opportunity to correct that error and change from apartment to hotel zoning so I do support Bill 88 my name is James VanBlarigan.
Aloha .. PLEASE support Bill No. 88 .. having lived (and owned) in a resort condo complex (full-time / year-round) for over forty years... we would be most grateful if this bill is passed .. mahalo nui loa ..
May 25, 2026
RE: Bill 88 H3/H4 ZONING DISTRICTS
Aloha Maui County Councilmembers,
I have been visiting Maui since the 1970s and have owned condos in Ma‘alaea, Wailea, and Kihei for over 30
years.
Currently, I am the Vice President of Maalaea Banyans AOAO.
Short-term rentals were explicitly allowed in the declaration for Maalaea Banyans, approved by the County when
the property was built almost 50 years ago, and the property has operated with short-term rentals ever since. It
was also grandfathered under the Minatoya List, as were many properties in Wailea and Kihei.
How Mayor Bissen can now contend that if too many owners spend too much time in another ZIP code, they can
and should be deprived of the legal and constitutional property rights they have had and enjoyed since purchasing
their property is difficult to understand.
Although Maalaea Banyans was not included on the TIG E2 list, it shares many of the same reasons these
oceanfront Ma‘alaea properties are not viable candidates for long-term affordable housing: limited storage,
insufficient parking for multiple vehicles per unit, sea level rise concerns, and distance from major employment
centers, schools, and shopping.
Most important, aging infrastructure costs make these properties unrealistic as affordable housing options. Only
because Maalaea Banyans functions successfully as a short-term rental property are owners able to afford the
substantial maintenance and repair costs required to preserve a nearly 50-year-old oceanfront building.
Passing Bill 88 establishes the framework for the potential creation of H3/H4 zoning districts for vacation rentals.
While I understand it does not currently address specific buildings, all Ma‘alaea condominium properties are
facing major future infrastructure costs and likely special assessments simply to maintain these aging oceanfront
communities.
Many owners stay in their condominiums for weeks or months at a time and have done so for decades.
Eliminating the short-term rental option would deprive owners not only of rental income but also of the ability to
continue spending meaningful time in Maui, as they have for many years.
Because of the higher short-term rental tax classification, owners already pay substantial county real property
taxes. In my case, the tiny one-bedroom condominiums generate nearly $10,000 annually in county property
taxes, and my two-bedroom unit generates $13,000.
UHERO projects a loss of approximately $750 million in annual tax revenue if short-term rentals are eliminated.
UHERO also projects that eliminating STRs in apartment-zoned districts could reduce visitor days by 32%,
reduce visitor spending by approximately $900 million annually, and result in the loss of roughly 1,900 jobs.
In return for this staggering loss of tax and visitor revenue, UHERO suggests some units may become available
for long-term rental housing but provides little evidence that these units would become truly affordable or
suitable for local working families.
Thoughtful development of workforce housing near employment centers, schools, and infrastructure̶designed
specifically for local and multigenerational families̶would do far more to address Maui’s housing challenges
without undermining the constitutional rights of thousands of long-time property owners who have supported
Maui for decades.
It would also help avoid lengthy and expensive litigation that benefits no one.
Ma‘alaea condominiums are unique. The oceanfront corridor along Hauoli Street has one road in and one road
out, is surrounded by agricultural and conservation districts, and has already spent years pursuing a regional
wastewater reclamation solution. Those efforts would provide significant environmental and water conservation
benefits for the community.
I appreciate your careful consideration of these issues as you evaluate your next steps.
Mahalo and Aloha,
Terri Zager
Vice President, Maalaea Banyans AOAO
When resort properties were built specifically for vacation rental, there was no applicable zoning for them. Therefore, post facto, the Minatoya list was created. It is time to establish proper zoning categories for these properties, which are the proposed H3 and H4. I urge passage of Bill 88.
This is at least a step toward a fair solution for those who purchased and have been operating legally for years
I am in support of this measure. In the 70s when Maui development was at a peak no such zones existed for vacation rental prpperties to exist. They were built as permitted by the County but some properties were intended to be second home and short term rental from the beginning. This Bill corrects long-standing shortfalls in zoning and the Planning Department wants that too