Sunday, December 22, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, August 7, 2019
Honolulu's New Short-Term Rental Ordinance Challenged In Federal Court
By Robert Thomas @ 4:01 PM :: 7816 Views :: Honolulu County, Land Use, Small Business, Tourism

Honolulu's New Short-Term Rental Ordinance Challenged In Federal Court

by Robert Thomas, Inverse Condemnation, August 1, 2019

Here's one we're posting without comment, because the Complaint was filed today by my Damon Key colleagues. But here's a summary of the issues, from the press release:

On August 1, 2019, the Hawaii Vacation Rental Owners Association and Honolulu land use attorney Greg Kugle of the Damon Key law firm, filed a lawsuit in Federal Court against the City and County over Bill 89. Bill 89 takes effect on August 1, 2019 as Ordinance 19-18. Although the stated purpose of the law is to regulate illegal short-term rentals, it is being interpreted by the Department of Planning and Permitting in a way that will unfairly target the owners of legal residential rentals of 30 days or more, and will have a devastating impact on Oahu’s economy.

Greg Kugle said “Ordinance 19-18 is unconstitutional because it violates the Search and Seizure, Due Process, Property, Privacy and Free Speech guarantees of the United States and Hawaii Constitutions, and it also violates numerous federal and state laws governing confidential information, zoning laws and administrative procedures. The City Council rushed through a flawed, unfair and illegal bill, and in its haste to crack down, the DPP has released illegal rules which violate the rights of the owners of legal rentals.” He also said “HVROA, on behalf of itself, its members, and all other Oahu property owners who seek to rent their properties to guests in a way that has been perfectly legal for thirty years, is seeking a temporary restraining order to prevent the flawed and heavy-handed enforcement of Ordinance 19-18 that has been announced by DPP, and to prevent the compelled disclosure of private and confidential information that the City wants to share will other law enforcement agencies. We should all be concerned when the Bill of Rights is so easily swept aside.”

HVROA has been advocating for fair regulation of the laws that protect the rights of owners and managers and meet the changing demands of Oahu’s growing visitor industry. Since 2006, HVROA has been active at Honolulu Hale and in the courts, when necessary, to preserve property rights and seek fair treatment for its members and the broader rental industry.

PDF: Complaint for Declaratory and Injunctive Relief, Kokua Coalition v. Dep't of Planning and Permitting

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii