Oahu Vacation Rentals Banned

Casey143
Level 1
Hawaii, United States

Oahu Vacation Rentals Banned

Anyone seen or heard any update of the implementation of the TVR bills that the city council just passed on Oahu? I know the mayor still needs to sign but when does the law go into effect and how is Airbnb handling the situation? Will our reservations be cancelled by Airbnb? I know some other cities went through similar situations but I'm not sure how it played out with Airbnb.

 

Mahalo.

26 Replies 26
Christel1
Level 2
Honolulu, HI

Hi Casey. I too am a Superhost. Check out the summary on the Department of Planning and Permitting site. Sorry for some reason I can’t link it here.

 

Basically all online Airbnb rentals after August 1 2019 will be liable to fines AND Airbnb will have to report all transactions to the State after that time as well. 

 

New permits will not be issued until October 2020 so there’s more than a year that nothing can be done at all. 

 

I wish Airbnb would comment - I came here looking for their guidance.

 

i was considering delisting after August and honoring my existing reservations but if Airbnb has to report that information we’d be fined. The only way to do it is to contact existing reservations and have a one on one contract.

 

ugh. What a mess.

 

 

Thanks for the info. It definitely shed a little more light as what to expect. However, this is the county of Honolulu so I know it will take many months before they even come close to getting their stuff together. I'm also contemplating reaching out to my existing reservations to try and preserve them somehow.

Christel/All - there's another thread here where I posted.  We're all in the same boat with no guidance from Airbnb.  

 

https://community.withairbnb.com/t5/Help/Honolulu-City-Council-Bill-85-amd-Bill-89-fiasco/m-p/106701...

 

Technically they'll start reporting on October 2020, not before..and they have been subpoenaed for records in the past and won in court. 

HEllo Christel1....

I am a fellow airbnb owner who did not set up with the state to pay tax--thinking I'd only be a few months doing the short term rentals.  Now I'm wondering if there are any groups getting together to file court challenges to Airbnb releasing the info to the state??  Do you happen to know of any?

Thanks...Ken

 

Mark116
Level 10
Jersey City, NJ

@Casey143 @Christel1 

 

I am always amazed to hear these stories, where airbnb does nothing at all to stop these anti STR laws. 

 

With all of their billions, you'd think they would have hired top lobbyists, grassroots, and public affairs people to massage this stuff every day.  Instead, even in a market like ours, Jersey City, which is basically the default place to stay to visit NYC now, given NYC's hostility...when the city brought forth a new set of rules that will basically kill airbnb...all the company did was send out some emails to ask hosts to attend the council meetings..nothing else...no contact numbers for the mayor and city council, no message points or statistics to help build the case, no action plan at all beyond a couple of mass emails.  

Dan469
Level 1
Haleiwa, HI

Came here to see what other hosts were saying/doing due to the ban. We are on the North Shore so as of right now even after Oct 2020 there will be no VR allowed. Would love to hear more from others on how they are dealing with this. 

I'd really like to hear from Airbnb.  For example, are they automatically going to cancel all our reservations beginning 8/1/19?  If they don't, will they be turning over our records to the City after 8/1/19 as the law says?  

 

Right now I'm reaching out to my forthcoming reservations and explaining what's going on.  OSTRA (Oahu Short Term Rental Alliance) has been helpful but I don't think they know what's going on either.

 

I know there will be people who risk renting after 8/1/19 in hopes the city enforcement will be lax.  While it probably will be, personally i can't risk the fines.

I think you need to honor those that have a reservation.  Maybe just have them sign a 30 day least or if someone starts to question you just say they are family visiting.  They need to see  money transfer to prove you are guilty and I don't think they will get it from Airbnb or any other site.  

Hope this helps.  I wish Caldwell was my neighbor, I'd cut my lawn every morning just to irritate him.

Good luck

A few corrections, Abraham....  

 

Existing reservations -  While we all fee terrible to disappoint future guests, you do not need to honor reservations you have after 8/1. You can contact Airbnb and explain why you need to cancel and they will handle it.  

 

Proof of illegal activity - the proof of the illegal activity is advertising of any sort - on the hosting platforms or anywhere else.  Money changing hands is not proof of guilt.

Hi Dan,

 

My mom and I own a condo in Haleiwa, and the association has pulled together and hired an attorney to fight the new anti-TVR law. Hopefully, at some point, the condo may be reinstated as a TVR property. I live on Kauai but I hear the ban on short-term rentals has hit Haleiwa Town hard. 

Helen427
Level 10
Auckland, New Zealand

Aloha from Auckland, New Zealand & welcome to CC my fellow ABB users in Hawaii, Honolulu @Casey143 @Christel1 @Mark116 @Dan469  & @everyone-else

 

Do always remember that your nationwide Laws & International Law Governance overides Council Bylaws.

 

There are always 'Grey areas' of Laws that can and probably should be challenged on technicialities...

 

All decisions under law must have some form of APPEAL process one can go through so make sure you look through your General Legislation, reach out & network to others in your location & bandy together & speak up.

 

Much of the info Council decisionmakers are relying on how it impacts on Local communities is based on 'opinions & hypothesis" undertaken by university researchers so must be challenged as to the acuracy of there Research methodologies & how they have been applied locally & internationally.

These 'researchers' are not above the Law, they are bound to adhere to the law just like everyone else, and that includes not to Discriminate.

 

Do be aware of the fact there's a message system on here in CC & you may like to use the 'make an Enquiry" option on the main listing platform to reach out to other locals.

 

Look up related keywords to the information you are wanting here in CC using the searchbox as you will find titbits that may help with setting a precedent to help break down barriers for current & future generations, including here in CC.

 

Whilst not a lawyer myself I've learnt much through others in the right places!!

 

Hang in there & live by the motto, "Never give up, never, never, never"

 

Take them on & have a victory for the little ordinary every day folk & hold these decisionmakers to account.

 

All the Best

Central To All Home & Location, Auckland, New Zealand

 

 

 

Grace330
Level 2
Honolulu, HI

Ok I called Airbnb customer service and asked for the advice. The answer is: go to your representative/ lawyer to get more details. I then asked if Airbnb will help me honor the rest of booking by hosting the guests who booked after August 1 even I delete the listing.  They said we’d better obey the local laws.

 

doesn’t seem like Airbnb will do anything to help hosts or guests. It’s very disappointing! 

 

 

Judy9
Level 2
San Diego, CA

any one in Hawaii already have a GENERAL EXCISE TAX LICENSE and TRANSIENT ACCOMODATIONS TAX CERTIFICATE. We got ours 2016. I'm hoping that s the permits the City is looking for ? \Anyone know?

 

Mahalo

Judy