DPP – No Loopholes for Illegal Short-Term Rentals!


Atta-Photo-e1385064905826-230x300George Atta, Director of the Department of Planning and Permitting (DPP) issued a Declaratory Ruling that officially debunks the myth that illegal vacation rentals and B&B hotels can operate legally due to loopholes.

Many illegal vacation rental owners, property managers and some unscrupulous realtors have repeatedly claimed that “less than 30 day” rentals are legal in residential neighborhoods as long as no other new or unrelated renters utilize the property during a 30 day window encompassing the less than 30 day rental period.

Director Atta stated in the ruling; “The fact a dwelling or lodging unit is not rented for 30 days after being used as a transient vacation unit (i.e., after it is rented for less than 30 days) does not change the nature of the completed, less than 30-day rental which amounts to using the property as a (illegal) transient vacation unit.”

Director Atta also declared a 30 day contract or lease agreement does not necessarily make a short-term rental legal. As of late, many illegal vacation rental and B&B hotel operators have created bogus 30 day contracts in order to hide a less than 30 day stay from inquiring City inspectors.

Director Atta stated; “Agreements to rent property for 30 days or more do not describe or evidence transient vacation units or bed and breakfast land uses because they do not provide for rents of less than 30 days. However, transient vacation unit and bed and breakfast home land uses occur on real property that is in fact rented for less than 30 days, regardless of the terms of a contract. The LUO regulates uses of real property and not contracts. Therefore, although rental agreements and contracts may evidence the agreement between a property owner and renter, they do not always document land uses which actually occur on real property.”

Keep it Kailua applauds the Director and the City for clarifying the law. Illegal vacation rentals and B&B hotels are harming residential neighborhoods and communities by reducing housing stock for local residents and undermining the residential character of our neighborhoods by displacing local neighbors.

To read the entire Honolulu Department of Planning and Permitting Declaratory Ruling, go to Honolulu DPP Declaratory Ruling.

For examples and further explanations of the law, go to Loophole Myth.


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Poll Results: 73% say No Vacation Rentals in Residential Zoning

Star Advertiser Poll 6-21-15

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Neighbors Prevail!

Stick FamilyThe City Council Zoning and Planning Committee wisely rejected the two resolutions (15-72 & 15-86) that would have made visitor lodging businesses “conforming” in residential zoning. It’s clear these lodging businesses are harming our residential neighborhoods by reducing our local housing stock and raising housing costs.

The written testimony was overwhelmingly in opposition to the resolutions. In addition to the negative impact to the our residential housing market, many residents cited how displacing neighbors from our neighborhoods significantly changes the residential character of the neighborhoods.

Short-term vacationers have little interest in public agencies or in the welfare of the citizenry. They do not participate in security watch programs, coach paddling, 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 neighborhood and the community. It’s time for the City to step-up enforcement and for those who are “breaking the law” to stop.

Thank you everyone for being involved and caring about our community!

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Anderson Waters-Down B&B Definition!

Weekly rentalIkaika Anderson wants the definition of B&B’s modified so more illegal vacation rentals (TVU’s) will qualify for his proposed B&B permitting scheme. Anderson and the illegal vacation rental operators understand the label “Bed and Breakfast” has a warm and fuzzy connotation. Many people have the image of a “turn of the century” homes owned by an elderly widow, who rents out a few bedrooms and serves a warm breakfast in her dining room. This image is far from reality of what is happening on Oahu!


Anderson’s proposed Resolution 15-72 will allow property owners to rent-out separate ohana units, cottages and apartments as tourist rentals. These types of units are desperately needed in our community as long-term rentals for local residents.


Anderson resolution 15-72 CD1 will eliminate the requirement that the property owners be on-site when the unit is rented. In fact, the owners don’t even have to sleep overnight at the property. The resolution only requires the owners claim they reside on the property and “supposedly” be somewhere on-island when the property is being rented. This will allow property owners to rent out their entire house as a vacation rental and simply stay someplace else.


And to add insult to injury…B&B hotels are not even required to serve a breakfast to their guests. It’s misleading that these lodging businesses are being called Bed and Breakfast homes by the City. The City Council should be honest with the public and call these businesses what they truly are… visitor-lodging businesses!


by submitting testimony http://www.honolulu.gov/ccl-testimony-form.html

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Please Stop Anderson’s Zoning Committee B&B Hotel and Vacation Rental Expansion!

Zoning Committee Hearing on Thursday June 18th 9AM

Honolulu Hale: Committee Meeting Room

Please Oppose Resolutions 15-72 and 15-861325 BB in Kailua jpg

Ikaika Anderson is proposing approximately 1375 B&B Hotel Rooms in Kailua and an unspecified number of stand-alone vacation rentals in “residential zoning”. Tourism sprawl is destroying Kailua’s residential character; adding traffic and congestion to our roads, parks and beaches. Our community needs residential homes and long-term rentals for residents, not hotel rooms for tourists. A recent State of Hawaii study showed Oahu is facing a 26,000 home shortage between 2015 and 2025 and the conversion of residential homes into vacation rentals has contributed to the problem according to Department of Business, Economic Development & Tourism. Please attend the meeting. Written testimony may be faxed to 768-3827 or transmitted via the internet at http://www.honolulu.gov/ccl-testimony-form.html for distribution at the meeting 24 hours in advance. Be sure to state in Headline “OPPOSE Resolutions 15-72 and 15-86″.

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We Love the “I Love Kailua” Town Party!

Town Party 2015

Lots of “love” at the Keep it Kailua booth today! We were ecstatic to see the overwhelming number of Kailua residents who support our efforts and are “outraged” over the City Council proposals to permit additional B&B hotels and vacation rentals in residential zoning. Thank you Kailua!

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Why Ikaika?

1325 BB in Kailua jpg

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Illegal Rentals Contribute to Housing Crisis

New State Study by DBEDT Declares Vacation Rentals Contributing to Housing Shortage!

DBEDT report

Oahu is facing a 26,000 home shortage between 2015 and 2025 and the conversion of residential homes into vacation rentals has contributed to the problem according to Department of Business, Economic Development & Tourism.

Kailua residents have been saying for years that short-term rentals (B&B hotels and vacation rentals) are displacing our neighbors from our community and driving up long-term rental rates. The 36 page study stated “Another important driver of housing demand is the increase in the number of residential rental units being used as vacation rentals”.

Council member Ikaika Anderson is proposing to allow both vacation rentals and B&B hotels to proliferate in residential zoning. His Resolution 15-72 (Allows B&B hotels to be conforming in residential zoning) would allow 3975 hotel rooms in residential neighborhoods. 1325 of the rooms could be in located in Kailua. That would be the same as having the Royal Hawaiian Hotel, The Kahala Resort and the Turtle Bay Resort being located in Kailua.

Resolution 15-86 (allows vacation rentals to be conforming in residential zoning) has not determine how many hotels rooms will be allowed in residential zoning, but most predict it would double the number of hotel rooms in residential zoning. Clearly, Oahu can not afford to be losing any residential houses, apartments, cottages or rooms to any short-term rental proposals.

LINK TO REPORT: http://files.hawaii.gov/dbedt/economic/reports/2015-05-housing-demand.pdf


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Please OPPOSE Resolutions 15-72 & 15-86

Please Protect Kailua’s Neighborhoods!

City Council proposes to legalize Vacation Rentals & B&B Hotels in Residential-Zoning

Zoning Committee Hearing on Thursday April 2nd @ 9am

The “illegal” vacation rental industry has swayed Zoning Committee Chair Ikaika Anderson to hear two new resolutions that will allow B&B hotels and Vacation Rentals to proliferate in all Oahu residential neighborhoods.

Resolution 15-72 (permits B&B hotels) and Resolution 15-86 (permits vacation rentals/TVU) will allow thousands of hotel-like rooms to legally operate in Kailua’s residential neighborhoods.

Please OPPOSE Resolutions 15-72 & 15-86

Please OPPOSE both resolutions 15-72 & 15-86 by submitting your testimony at: http://www.honolulu.gov/ccl-testimony-form.html?view=form

Be sure to click zoning committee, list both resolutions 15-72 & 15-86 in the Agenda box and click OPPOSE.

Stand Up and Be Heard!

The Zoning Committee meeting will be on Thursday, April 2nd at 9 AM at Honolulu Hale in the Committee meeting room. Please attend and testify! We know the illegal vacation rental owners will be there since they have an obvious financial interest in the resolutions. We need Kailua’s residents to tell Anderson and other Council members we oppose these ill-conceived resolutions!

For more information and the latest developments; Please like us on Facebook – Keep it Kailua

 It’s Spot-Zoning at its Worst

Currently B&B hotels and vacation rentals are non-conforming in residential zoning and can only operate with a non-conforming use certificates. But both resolutions will make visitor-lodging businesses “conforming” in residential zoning. Furthermore, both resolutions do not allow neighbors or community members to submit input during the permit process and neighbors will only be notified after a TVU/B&B hotel permit has been issued. There are also no distance-separations between lodging business, so many neighborhoods will be overwhelmed by them and will become de-facto mini-resorts. Large hotel chains could even manage the properties!

 A Very Slippery Slope for our Community

Anderson has claimed he will “limit” the number lodging businesses in residential zoning, but this is impossible. By law, no City Council can ever bind another council’s legislature. In other words, any so-called “limits” can be changed at any time by any council. Once you start permitting, it becomes a slippery slope. These lodging businesses will cement Kailua’s future as a tourist town and change the local residential-character of the community forever. Our community is already facing traffic nightmares, increasing housing-costs and other social-ills. Becoming the Windward Waikiki will only worsen our problems!

Just Say No!

Legalizing vacation rentals and B&B hotels in residential zoning will not solve the core-problems these businesses create in our neighbors and our communities. The core problems with these businesses in residential zoning are they reduce our housing-supply and therefore raise housing-costs. And they negatively change the residential character of our neighborhoods by displacing our neighbors with a revolving door of vacationers.

We Need Homes for Residents, Not Mini-Hotels for Tourists

Every home, studio, cottage or room that is used as a visitor lodging business is one less home for Oahu’s residents. Oahu is facing a housing-supply crisis that most experts believe is contributing to our worsening homelessness problem. Our residential communities need more long-term rentals. Legalizing short-term rentals takes away the opportunity for these properties to house local residents. The City Administration has stated Oahu needs an additional 24,000 homes by 2016 in order to shelter Oahu’s residents. It’s truly nonsensical to be reducing the number of homes for residents in order to give tourist a so-called “alternative” experience.

Neighbors Matter!

Most Neighbors oppose living next to or near visitor lodging businesses because they displace neighbors from our neighborhood and change the residential character of the neighborhood and the community. Short-term tenants have little interest in public agencies or in the welfare of the citizenry. They do not participate in neighborhood watch programs, coach paddling, 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.

Anderson’s Proposed Enforcement Measures Unproven

Ikaika Anderson claims his resolution will “some-how” improve enforcement of illegal short-term rentals. We don’t believe it! His resolutions are filled with loopholes and bureaucratic red-tape. In fact, a neighbor cannot even file a complaint with the City unless they first obtain a police report. This is a waste of Police resources. Furthermore, Anderson is refusing to hear the DPP’s Bill 22 that was unanimously passed by the Planning Commission and according to the DPP’s Director will improve the City’s ability to enforce zoning laws against illegal short-term rentals. We support Bill 22 and believe it should be implemented and “proven” before any discussions of allowing more visitor-lodging businesses in Kailua.

Resolutions Reward Illegal Operators

Both resolutions will reward illegal operators with lucrative permits who have been knowingly breaking the law. There are no restrictions to who can apply for a permit, including proven violators who have received violations from the City. The illegal short-term rental owners will be first in line to receive permits since they already have established their “illegal” businesses. Based upon the proposed number of permits to be granted for both B&B hotels and vacation rental, most industry insiders predict every illegal operator will be issued a permit despite thousands of complaints by neighbors. Apparently crime does pay!

Zoning should Regulate Land-uses

Clearly, vacation rentals and B&B hotels are lodging businesses that serve the same business purpose as hotels, motels, lodges and Inns. Our zoning laws regulate and separate land-uses in order to protect the delicate distribution of land-uses and avoid land-use conflicts between neighboring properties. Resolutions 15-72 and 15-86 turn residential zoning laws up-side down! Many in our community do not want to live next to mini-hotels. They selected residential zoning for their homes and believe they have the right to live in a neighborhood with neighbors and not a revolving door of tourists. Anderson claims he just “cannot” figure out the difference between renting short-term (less than 30 days) and long-term (more than 30 days). But we can! It basically comes down to the purpose of the tenancy. Short-term stays, also called transient-stays are lodging activities.  Visitors are only staying in accommodations for a short-period of time and are not utilizing the lodging as their permanent residence. In contrast, long-term rentals provide residents a home where they reside permanently and contribute to the wellbeing of the neighborhood and the community. This is not rocket-science! Maybe Anderson just does not want to know the difference?

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As we expected, Ikaika Anderson has included a new resolution 15-86 to be heard at his City Council Zoning committee meeting on Thursday April 2 that will allow vacation rentals (TVU’s) to proliferate in residential neighborhoods. Vacation rentals have no owners on site and can be owned by investors and speculators. In addition to resolution 15-86, resolution 15-72 that will allow thousands of B&B hotel rooms in residential neighborhoods,Vacation_Rentals_In_Hawaii_Image will also be heard at the committee meeting.

Resolution 15-86: http://www4.honolulu.gov/…/D…/dspage08733866147535967792.pdf

Resolution 15-72: http://www4.honolulu.gov/…/D…/dspage07715327809893714702.pdf

Please OPPOSE both resolutions by attending the meeting on April 2 at 9AM and submitting testimony at


(Please submit separate opposition for Resolutions 15-72 & 15-86)

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