In November 2022, two Hawaii County Council members published for public comment, a draft version of proposed legislation which would repeal and replace the existing STVR rules and create new, broader regulations which would apply to both hosted and unhosted rental properties across the county and become known as Transient Accommodation Rentals ("TAR"). There has been a tremendous amount of interest in the proposed legislation including a series of Zoom meetings, website creations, news articles and podcasts, private association petitions, social media posts and blogs and scholarly presentations.

Legislation Timeline:

• November 2022 initial draft released via Zoom information Meeting w/chat
• December 2022 second draft released.
• January 2023 Council members host a Zoom information Meeting w/o chat
• February 2023 third draft released.
• June 19 2023 Joint GAC Meeting w/ Planning Dept., Finance Director, Tax Administrator, Council Members Kierkiewicz and Kimball.
• June 2023 fourth draft released.
• October 2023 fifth draft released.
• January 2024: The complete Bill Package (121, 122, and 123) were introduced in front of the Policy Committee on Planning, Land Use, and Development Committee. The entire hearing can be viewed here.
• Bill 121
• Bill 122
• Bill 123
• April 2024: Bill Package being heard at Planning Commission
• April 4th - Winward Planning Commission Hearing 9:00 AM
• April 18th Leeward Planning Commission Hearing 2:00 PM
• July 2024: Council convened a Committee hearing on the Bill Package, adopting significant amendments.
• Review changes to Bill 121 here, here, here, here.
• Amendments discussed but not passed are here and here.

WHAR and HIR began to hold joint GAC meetings in early 2023 to coordinate a response to proposed legislation and current Talking Points for the most recently released proposed legislation were sent out on January 19th, 2024.

On June 29th, 2023, WHAR and HIR released a joint position paper advocating against the passage of the proposed TAR legislation.

After the Bills were introduced, the WHAR BOD approved a revised joint position paper on 1/30/24.

Quick facts from Caravan Presentation on 3/28/24 can be found here

Related Bills

Draft Bill 104 - Relating to the creation of a long-term rental class for real property taxes.

Draft Bill 174 - Relating to real property taxes.

Other Resources:

Public articles, blog posts, research, podcast and other public domain information and opinion from both sides:

• InformedHawaii.com
• Civil Beat: Big Island Attempts To Curb Short-Term Rentals
• USA Today Article January 2, 2023
• Open Letter to County Council from Ohana Aina Association
• Judge blocks Short Term Rental Ban in Oahu
• Who Pockets Hawaii Visitors Money

To receive updates about TAR Legislation sign up here:

https://slowdowntarhawaii.com/

To join the GAC Committee to work on this issue, email the WHAR Office at admin@westhawaiirealtors.com

Click below to view information from the County of Hawaii Planning Department and the current county ordinance regarding vacation rentals.

Bill 108, adopted by the Hawaiʻi County Council in November 2018 as Ordinance 2018-114, regulates Short-Term Vacation Rentals (STVR) on Hawaii Island. The new law: 1) defines where the use will be allowed; 2) establishes provisions and standards to regulate this use; and 3) provides an avenue for an existing STVR to apply for a Nonconforming Use Certificate that would allow continued operation outside of a permitted zoning district.

The Planning Department, which has been tasked with administering the provisions of Bill 108, has adopted Rule 23, which has been incorporated into the Planning Department’s Rules of Practice and Procedure. Rule 23 outlines the new practices and procedures necessary to implement the provisions set forth in Bill 108.

• Short-Term Vacation Rental Application Packet, with instructions for filing and related forms
• Nonconforming Use Certificate Renewal Application Form.  *NEW* Use this form annually to renew your NUC.
• STVR Change of Information Application Form.  *NEW* Use this form when the property changes owners or Reachable Persons, or when modifying the dwelling.
• STVR Affidavit of Compliance Form.  *NEW* A new Affidavit of Compliance form must be submitted along with a STVR Change of Information Application.
• Newly adopted Planning Department Rule 23, to establish procedures for processing, regulating, and managing the impacts of Short-Term Vacation Rentals
• Ordinance 2018-114 (Bill 108): Hawaiʻi County Ordinance regarding Short-Term Vacation Rentals

Complete Planning Department Rules of Practice and Procedure