This is the official document: http://www.honolulu.gov/dppstr/default.html
Bill 89 confirms earlier legislation on zoning for tourism accommodation. It sets out penalties for unauthorised vacation rental and Bed and Breakfast accommodation. It was passed into law as Ordinance 19-18 and comes into effect on 1 August, 2019.
It is the same as Bill 89, but on passing into law it is renamed as Ordinance 19-18.
In many parts of the world, similar legislation has been enacted to protect communities from artificially inflated real estate prices and to restore full time residents to residential areas. The need for regulation stems largely from the growth of Airbnb and the stampede of investors to get good returns from residential properties in areas with high tourist demand. A more cynical view is that the authorities have caved in to pressure from hotel companies to stamp out the unregulated competition. The need for regulation is undoubtedly real, though Bill 89 is not a good solution as it negatively impacts the local economy.
'Resort areas' are limited to only some sections within Waikiki, Koolina, and Turtle Bay Resort.
Not at the time of writing. Both Airbnb and VRBO show a nightly rate which is specifically disallowed. Until they comply by not showing any nightly rate for 30-day minimum stay listings, you will be in breach of the regulations by having such listings on these platforms.
Legally, you cannot. However, there is no indication that the County will take action against hosts who allow existing bookings to go ahead. The initial enforcement target is against advertising short-term accommodation.
A Non-conforming Use Certificate. These are permits for short term rentals which are not in one of the designated resort areas. New NUCs have not been issued in the past 30 years. Existing NUCs must be renewed every even-numbered year.
Bed and Breakfast use is subject to slightly different restrictions. A registration scheme will be offered for a limited number of premises meeting the criteria and renewal of the registration is required annually. However, the registration scheme is not ready for use and in the intervening time, it seems unlikely that action would be taken against B&B operators.
It appears that both are. Your advertising shows a nightly rate which is not permitted. You are in breach of the regulations. The site which carries your ads should have applied for registration which will not be granted if nightly rates are shown. The site will be in breach of regulations as soon as the registration scheme is launched.
The penalties are preceded by a warning. A warning letter was sent by the county to about 5000 owners at the end of July 2019. If the advertising activity does not stop within 7 days after the warning, fines can be issued. Fines of between $1,000 and $10,000 can be imposed for each day the advertisement remains on display.
No. To be compliant, each stay must be at least 30 days. How this can be detected and enforced is unclear.
No. By doing this you run the risk of getting into much deeper trouble. Bill 807 makes it a misdemeanor offense to knowingly make a false statement to a county inspector.
No. This is covered in the regulations. Any "reward" for use of your property is treated the same as if you were charging for that use.
Assuming that your rental is not in a designated Resort Area and doesn't have a NUC, your only options are to cease renting altogether or to comply with the 30-day rule and advertise only on sites which are compliant. Unfortunately, the quantity of 30+days rentals available will swamp the number of visitors who are able to stay so long, so bookings at a sustainable price are likely to be very rare.
After August 1, 2019, only if the dwelling has a NUC or is located in a resort area, you can continue advertising. If you do not have a NUC or your property is not in a resort area, then you can advertise your property with minimum 30 days stay rule.
Specify in the ad that the rental period is a minimum of 30 days or more. Do not include any rental rates of less than a monthly basis.
Yes, you may be cited for illegally advertising. If the platform is unwilling to change its policy, you may have to decide whether to continue participating on that platform.
Owners of the property involved in illegal advertising will be notified, and if the advertisement is taken down in 7 days, no fine will be imposed for a first offense. If not taken down within this deadline, fines of between $1,000 and $10,000 can be imposed for each day the advertisement remains on display.
Beginning on August 1, 2019.
They may be cited, but Ord. 19-18 says, "The burden of proof is on the owner of the subject real property to establish that the property is not being used as a bed and breakfast home or transient vacation unit or that the advertisement was placed without the property owner's knowledge or consent."
Technically, yes. But you need to display your property license in your advertisement, otherwise, you might get a warning. Ord. 19-18 only requires those with NUCs to include the NUC number in advertisements beginning August 1, 2019.
You can present your case to your Council member:
Council District 1- Kymberly Marcos Pine, 768-5001
Council District 2- Heidi Tsuneyoshi, 768-5002
Council District 3- Ikaika Anderson, 768-5003
Council District 4- Tommy Waters, 768-5004
Council District 5- Ann Kobayashi, 768-5005
Council District 6- Carol Fukunaga, 768-5006
Council District 7- Joey Manahan, 768-5007
Council District 8- Brandon Elefante, 768-5008
Council District 9- Ron Menor, 768-5009
There are potential legal challenges to the law on several grounds.
Legal process can be long so you should not expect any quick resolution. You should join discussion groups such as the FB group "Oahu short term rentals 30-day rule discussion group" and join OSTRA: http://www.oahushorttermrentalalliance.org/ to stay informed.