In regards to enforcing the law against illegal vacation rentals, having a City inspector knock on the doors of illegal vacation rentals is a standard procedure, but there is numerous other ways for the City and neighbors to gather evidence against the law breakers. Since HTA is part of the problem, maybe they should give some funding to assist in those efforts.

False, your analysis of the Hawaii Tourism Authority (HTA) promotion of illegal vacation rentals is false!

The HTA marketing material states "If you’re planning a family vacation or you’re traveling with a large group to Oahu , a Kailua vacation rental can be the perfect solution. Located on Oahu’s lush Windward Coast, the Kailua area offers a peaceful alternative to lively Waikiki". What the HTA fails to do is INFORM visitors that staying less than 30 days in Kailua’s residential-zoned neighborhoods requires properties to have a "non-conforming use" certificate. The HTA is well aware that over 80% of the vacation rentals in Kailua DO NOT have a "non-conforming use" certificate. They also know that over 95% of all visitors (non-residents) STAY less than 30 days in the same lodging accommodations. Just because the HTA is not using the word “illegal” in their promotional material does not get them off the hook. If there was only one or two illegal vacation rentals in Kailua that would be another issue. Those who have researched the issue believe there are approximately 1500 “illegal” lodging units (rooms) in Kailua. That is the same as having the Royal Hawaiian hotel, the Kahala Hotel, Turtle Bay Resort and Ko Olina resort being located in Kailua and Lanikai.

The HTA has a fiduciary, moral and ethical duty to be telling visitors the zoning laws regarding vacation rentals in residential zoned neighborhoods, advise visitors to not stay in illegal lodging and inform them on how to determine if their accommodations are legitimate. At the moment, they are not doing so and that is the issue!

Wrong, let make help you not be so “wrong”.

The HTA marketing material states "If you’re planning a family vacation or you’re traveling with a large group to Oahu , a Kailua vacation rental can be the perfect solution. Located on Oahu’s lush Windward Coast, the Kailua area offers a peaceful alternative to lively Waikiki". What this HTA fails to do is inform visitors that staying less than 30 days in Kailua’s residential-zoned neighborhoods requires properties to have a "non-conforming use" certificate. The HTA is well aware that over 80% of the vacation rentals in Kailua DO NOT have a "non-conforming use" certificate. They also know that over 95% of all visitors (non-residents) STAY less than 30 days in the same lodging accommodations.

The HTA has a fiduciary, moral and ethical duty to be telling visitors the zoning laws regarding vacation rentals in residential zoned neighborhoods, advise visitors to not stay in illegal lodging and inform them on how to determine if their accommodations are legitimate. At the moment, they are not doing so and that is the issue!

They are blaming law breakers for Kailua's problems and the HTA for turning a blind eye to the problem. And last time I checked, America is a law-abiding society. Maybe you should quit crying?

New York City, Chicago, San Francisco, Paris, London, Miami, Dubai, Singapore and numerous other municipalities around the world ban or restrict vacation rentals from “residential” zoning. Just like Oahu, most municipalities allow vacation rentals in “resort” or similar zoning.

Vacation rentals are visitor lodging businesses and not permanent residences. The City and County of Honolulu is wisely protecting our residential neighborhood’s housing supply for “residential” use. The vacation rental industry is alive and well in resort zoned areas such as Ko Olina, Turtle Bay and Waikiki.

The vast majority of illegal vacation rentals are owned by out-of-state investors, so the majority of the money leaves the state.

Yes, let’s be clear… The HTA in its marketing material states "If you’re planning a family vacation or you’re traveling with a large group to Oahu , a Kailua vacation rental can be the perfect solution. Located on Oahu’s lush Windward Coast, the Kailua area offers a peaceful alternative to lively Waikiki". What this HTA fails to do is inform visitors that staying less than 30 days in Kailua’s residential-zoned neighborhoods requires properties to have a "non-conforming use" certificate. The HTA is well aware that over 80% of the vacation rentals in Kailua DO NOT have a "non-conforming use" certificate. They also know that over 95% of all visitors (non-residents) stay less than 30 days in the same lodging accommodations.

The HTA has both a fiduciary, moral and ethical duty to be telling visitors the zoning laws regarding vacation rentals in residential zoned neighborhoods, advise visitors to not stay in illegal lodging and inform them on how to determine if their accommodations are legitimate. At the moment, they are not doing so and that is the issue!

Furthermore, the law does not define a transient vacation unit as lodging “rented” for less than 30 days. Transient vacation units are defined as a dwelling unit or lodging unit which is provided for compensation to transient occupants for less than 30 days, other than a bed and breakfast home. So if you provide lodging for less than 30 day occupation, you are operating a transient vacation unit. If you cannot understand the difference, you should consult with legal counsel.

The United States Supreme Court have constantly upheld municipality zoning laws. The so-called property right argument that you should be able to do “whatever” you want with your property has been struck down numerous times in every court of the land. Saying everyone has right to operate a mini-hotel (vacation rental) is the same as saying everyone has the right to build a fifty-story condo on Kailua beach. Zoning laws serve an important purpose for the health, safety and the well-being of a community. Vacation rentals are non-conforming in all residential-zoned neighborhoods. That is the law. Vacation rentals are conforming in resort zoning. No one is being stopped from operating a vacation rental in resort zoning and everyone has the right to petition the City and County of Honolulu to rezone their property as resort.

I applaud the Kailua Neighborhood Board for passing a resolution that requests the HTA to stop promoting Kailua’s “illegal” vacation rental industry in their marketing material and websites. As a state agency, they have fiduciary duty to uphold the law. They also have a moral and ethical responsibility to inform visitors on how to determine if a vacation rental is illegal and to advise them to not stay in these illegal lodging accommodations. Clearly, those who operate or benefit from these illegal businesses don’t want the visitors to be informed of the law.

In addition, having a high proportion of 2nd home/vacation rentals in our neighborhoods negatively changes the residential character and stability of our neighborhoods and the community as a whole by displacing neighbors from our neighborhoods. After all, Short-term tenants have little interest in public agencies or in the welfare of the citizenry. They do not participate in local government, coach little league, or join the hospital guild. They do not lead a scout troop, volunteer at the library, or keep an eye on an elderly neighbor. Literally they are here today and gone tomorrow--without engaging in the sort of activities that weld and strengthen a community. The Kailua neighborhood Board did not say visitors are “unwelcome” to visit Kailua as Gloria implies. The Board’s resolution is simply asking the HTA to stop promoting “illegal” businesses. At the very least, HTA should be telling vacationers on how to determine if their accommodations are illegal and tell them to only stay in legal accommodations. Is this really an unfair request?

Again, Gloria does not address the core message for the Kailua Neighborhood Board’s resolution which is the proliferation of illegal vacation rentals. We all agree Kailua’s housing market is now one of the most expensive in the nation and fewer and fewer Kailua residents can afford to either buy or rent housing in the community. One of the reasons for this is the fact that every year, more and more Kailua homes are being purchased by mainland and international investors and turned into vacation homes or vacation rentals. These investors are able to outbid home-occupant buyers because their business model (which is illegal) generates resort-level revenue. Resort rental rates are typically 300-400% greater than long-term residential rates.