Sixty-two percent of survey responses favor lifting the prohibition on Transient Vacation Rentals (TVRs) and 64% favor lifting the prohibition on Bed & Breakfasts (B&Bs).
The results of the survey will be shared with each member of the Honolulu City Council and will be used by HBR City Affairs Committee as it drafts position recommendations.
Survey results:
1. Do you support lifting the prohibition on Transient Vacation Rentals (TVRs)? Yes: 62% No: 38%
2. Do you support lifting the prohibition on Bed & Breakfasts (B&Bs)? Yes: 64% No: 35% No Response: 1%
3. Do you support limiting the number of TVRs and B&Bs by spacing requirements and/or geographic areas? Yes: 42% No: 34% No Response: 24%
4. Do you support requiring a limit on the number of guests, rooms rented and required on-site parking spaces? Yes: 61% No: 15% No Response: 24%
5. Do you support requiring input on TVRs/B&Bs from Neighborhood Boards and/or neighbors? Yes: 44% No: 32% No Response: 24%
6. Should a permit fee for TVRs/B&Bs be instituted? Yes: 60% No: 17% No Response: 24%
7. Should TVR/B&B advertisements be required to include TMK numbers in addition to permit numbers? Yes: 37% No: 39% No Response: 24%
8. Should the city increase fines for TVR/B&B violations? Yes: 43% No: 34% No Response: 23%
With the recent focus on growth of illegal (TVRs) and the lack of enforcement of current policies, City Council is preparing for legislation on TVRs and B & Bs that would look at a permitting system, regulations and enforcement. Resolution 15-72, related to amending LUO to address Bed & Breakfast and Resolution 15-86, related to amending LUO to address TVR has been introduced.
Both resolutions address lifting the 1990 prohibition, setting limits on permit issues within each council district, permit process, advertisement requirements (include permit #), strengthen enforcement and increase fines and penalties.
The City Council Zoning Committee discussed both resolutions April 2 (committee agenda and resolutions).
Background: In 1989 and 1990, the Honolulu City Council enacted ordinances to regulate TVR and B & B activities on Oahu. Through the nonconforming use certificate (NUC) process, the Department of Planning and Permitting essentially prohibited expansion of the industry, which subsequently resulted in the perpetuation of illegal operations in residentially-zoned areas. No new TVR or B&B certificates were provided after the ordinance was enacted in January 1990. Currently, 828 certificates are in use.
In 2008, Council and Administration introduced bills related to TVR and B&B. Two made it for Council action. Bill 8 (08) revising ordinances related to regulation of transient vacation rentals, nonconforming use certificate and advertisements and placement of certificate #, address required on advertisements (Admin V). This bill failed Council action and was filed in February 2010. Bill 7 (08) to repeal prohibition of B&B establishes a permitting system to supplement zoning, provide for orderly enforcement of regulation related to operations of B&B. Home occupation. (Council V), failed third reading Dec. 16, 2010.
In 2011, with the growth of illegal TVRs and an increase community complaints, DPP introduced proposed revisions to Section 12-4.110-1 and Section 21-4.110-2, Revised Ordinances of Honolulu 1990, affecting transient vacation units and bed and breakfast homes, seeking to strengthen the administration and enforcement provisions by requiring nonconforming use certificate number and the property address to be placed on all advertisements. An owner, operator, proprietor or rental agent (added in this measure) would be subject to civil fines per violation. The proposed measure failed to pass City’s Planning Commission and was not taken up by the City Council.
