Honolulu - City Council Bill 85 amd Bill 89 fiasco

Aunty0
Level 2
United States

Honolulu - City Council Bill 85 amd Bill 89 fiasco

I wanted to start a conversation with fellow hosts in Honolulu, HI.   How do you feel about the recent bills?

Here's my response to another thread....

 

"Im not too worried....  Bill 85 and 89 (has anyone read it yet?) have legalese that contradict each other.   While the City approved it... the mayor hasn't signed it into law yet.   He may lean to sign Bill 89.   

 

Besides, the City doesn't have the manpower to cite homes.   In order to be cited, a huge burden of proof lies on the City... a contract (airbnb payment/receipt) has to be found as evidence among other things.  People going in an out of a house is not grounds for citation.  The City has to have a huge burden of proof to sue.  They can't even get records from Airbnb!  So don't buy into the scare mongering/propaganda.  

 

So I tell my guests that  if anyone(city inspector) approaches them ... first tell that person to get off my private property and have the conversation on public property (street/sidewalk)

then feign ignorance, not say anything,  and pretent to not know what Airbnb is and at worst say they're just house sitting.

 

Besides,  an attorney will sue the City based on the contradiction and that'll be tied up in court for a long while.  That lawyer is gonna walk away with a pretty penny on the backs of the Hawaiian taxpayers..

 

It seems that this is all political theater to have us look away from the failed rail, failed prosector dept,  and 'Save Sherwoods' scandals.  

 

I'm surprised how ignorant Hawaiian citizens are.... they can write formal letter of complaints to the Hawaii State Bar to get rid of these corrupt judges and lawyers.  Watch dog groups in Boston, Massachusetts and across the country do this on the daily.  Hawaiian politicians are only "getting away" with it because Hawaiian citizens don't seem to know how public office works or hold their own officials accountable."

67 Replies 67
Dan469
Level 1
Haleiwa, HI

According to what I heard yesterday it doesn’t matter if they don’t catch you in the act, just advertising your property puts you as guilty. What are your plans now? 

According to the language of HR 89 that the Mayor signed yesterday, It will be illegal to advertise (unless you have a grandfathered permit) after August 1, 2019.  And the application/lottery process for the 1,700 Bed & Breakfast permits won't start before October 1, 2020.  And the list of requirements to win one of those 1,700 spots is long and will be difficult for many hosts to meet.  Therefore, the thousands of us who do not hold permits are up the creek in five weeks.  I messaged Airbnb and they offered no support or advice other than to provide links to community support (i.e., here.)  Attached is a Q&A from the DPP  (which was not easy to find.)  This bill is extremely likely to face legal challenges from the booking platforms as well as consumer groups (exhorbitant fines may be illegal) but I'd rather sleep well at night being compliant than roll the dice.  Someone in my neighborhood put up a sign on their lawn next to a vacation rental (not mine) that said "Illegal B&B" with an arrowing pointing to their neighbor.  It's a darn shame.  I employ four people to maintain my unit in pristine condition (two cleaners, landscaper and pest control technician); I provide off-street parking; I've never had a disruptive guest; I'm always on the premises and I faithfully pay 100% of my GET and TAT.  I will be returning to long-term renting and Honolulu  will no longer have my TAT revenue.

 

http://www.honoluludpp.org/Portals/0/pdfs/planning/ShortTermRental_FAQ.pdf

Did you cancel your future bookings ? i have 15  bookings that i may need to cancel.  Dont want to wait too late, the guests need to find someone where to stay.

 

I'm with you Lauren.  As much as I love hosting guests I am think ing about switching to long term renting just so the city doesn't get any of my TAT revenue (which I pay 100% of now).

I know the new bill says that just having a listing/advertisement is grounds for a fine, but how do they know who or where exaclty your listing is?  Your address and personal information is not visible till after the 48 hour cancelation period.  Does anyone really think the city is going to make a booking and pay and lose the 50% (if you have the strict booking policy) to get your address?

That is an interesting question! I am definitely worried about my rental. I think I will try to rent my house out long-term.

Govt officials (called DPP on Oahu, I can't remember what they're called on Kauai) have made fraudulent bookings on Kauai.

I'm in the same boat as Lauren but don't see long term renting as an option. I live on premises and don't want a roommate. This is gonna make it real hard to survive. 

 To Adam's comment I'm sure they won't mind the fee if they're fining us $1000 a day! 

     I can't afford a fine so am contemplating canceling future reservations and snoozing the listing till we know more details.

I am in the same boat as you!

They only get the $1k fine if they warn you and you don't comply so they absolutely would have to front the money to get our info

They only get the $1000 for the first offense if you don't take down the ad within 7 days.

Sandy393
Level 1
Honolulu, HI

I am worried about the new laws. They start enforcing them Aug 1. Is anyone taking down their rental property from being advertised online on Airbnb?

I will. I just got mine fully furnished and running in February. Did not think this law would get passed so quickly!

Yes. I'm taking down the listing so as to comply with the 'no advertising' law after 8/1 and have blocked out all dates after my last booking in October. The question is what to do with existing bookings after 8/1.  When I reached out to Airbnb they offered no advice and pointed me here to the community.  We can cancel the bookings - and lose our superhost status - (but what the heck, we're out of business anyway) but I feel so badly for those guests.  What are you guys doing?