UPDATED: 10:04 a.m.
Approximately 50 protesters lined the sidewalk in front of Honolulu Hale on Monday morning to demonstrate their opposition to two proposed laws that aim to sharply curtail the short-term rental industry on Oahu. The highly emotional issue has galvanized supporters and opponents for the past year.
The protesters were a mix residents tied in some way to the industry, including gardeners, caretakers, property owners, and realtors.
A single counter-protester walked the line in support of Bills 85 and 89, citing increased traffic, noise, and a lack of available housing for residents in her Kaneohe neighborhood.
Today’s vote will be the culmination of a year-long effort to regulate vacation rentals on Oahu, which have been growing in number despite being largely banned.
Rentals of less than 30 days are currently permitted in the resort areas of Waikiki, Ko ’Olina, and Turtle Bay. Approximately 800 permits for properties outside those areas have been issued by the City and County of Honolulu.
In 2018, the city estimated there were 10,000 properties on Oahu being listed as short-term rentals.
Lack of enforcement, and tremendous profit potential, has led to the development of a grey market industry that is now worth in excess of $1 billion annually.
Many local companies, including cleaners, landscapers, and property management firms have evolved to incorporate vacation rentals into their business.
That will make curtailing the industry, which by one estimate is worth 7,000 jobs, an economically and politically painful process.
That was reflected in May, when the City Council appeared on the verge of passing the restrictions, but walked them back after hours of angry testimony.
A few changes have been made, like the removal of a provision that would explicitly authorize residents to sue one another for operating unpermitted rentals. However, the core of Bills 85 and 89 appear largely the same as in previous version.
Both would forbid the renting out of entire homes or condos for a period of less than 30 days anywhere on Oahu, with exceptions for resort areas of Waikiki, Ko Olina, and Turtle Bay.
Bill 89 allows for the owners of approximately 1,700 properties islandwide to rent out individual rooms in those properties, what the city classifies as a bed-and-breakfast.
Only one half of one percent of total homes in each of Oahu’s eight Development Plan Areas would be permitted for short-term rentals.
Under Bill 85, no short-term rentals would be permitted outside of resort areas.
Both proposals would require property owners to register with the City and County of Honolulu and obtain a permit number. That number would then have to be displayed on listing sites like Airbnb and VRBO.
Those companies, which typically take a cut of the owner’s profit, would be required to take down any listing that does not display a city permit number. Booking platforms would also have to submit regular reports to the city detailing which properties are being rented.
Philip Minardi, policy communications director for Expedia Group, which owns HomeAway and VRBO, told HPR that the company is prepared to comply with those stipulations if city officials meet it halfway.
“As long as we’re living in a world where the vacation rental industry continues to operate on the island, we’re willing to remove listings that do not display a permit number when the city brings them to us.”
For Expedia, that means allowing some whole-home rentals, which the city has dubbed Transient Vacation Units or TVUs, to continue operating on Oahu.
The company has suggested an alternative regulatory plan which would do that, but cap the number of units in each development area based on specific concerns about housing or economic activity in those neighborhoods.
Expedia Group is seeking to delay Monday’s vote to gain traction for its proposal.
If either bill is passed on Monday, it would still need to be signed by Mayor Kirk Caldwell before becoming law.
Limited provisions of both laws would take effect in August, with the full rules becoming enforceable in October 2020.