Honolulu Council should reconsider restrictions on homeowner repairs

by Jonathan Helton, Grassroot Institute, August 5, 2026

The Honolulu Charter Commission, which convenes once every 10 years, has concluded its work and officially approved 20 Charter amendments for residents to vote on in the November general election. 

Residents and community groups, including the Grassroot Institute of Hawaii, proposed several practical amendments that could have addressed the City’s housing crisis, but the Commission left them all on the table.

However, the City Council can still enact many of those ideas through its normal legislative process. 

One that’s worth pursuing proposed updating the City’s rules for repairing older, nonconforming homes that conflict with current zoning codes. 

Currently, owners of nonconforming properties cannot make repairs that exceed 10% of the home’s replacement value within a 12-month period. They are also not allowed to increase the floor area of their homes in any way. 

Grassroot research identified at least 400 single-family homes, duplexes and multifamily units built after 1950 that fall into this category. Most are in Kalihi in areas now zoned for industrial use, but a few are in Waipahu and Wahaiwa. 

One example is the 54-unit Kalihi Gardens condominium complex. Built in 1959, it sits in an industrial-commercial mixed-use zone that no longer permits multifamily housing. The building’s nonconforming status severely limits how much the owners can repair their aging units. 

Evelyn Cullen, who serves as chair of the Kalihi-Palama Neighborhood Board, noticed that many of her neighbors are in similar situations, so she submitted P059 asking the Charter Commission to put a legacy residential protection program on the ballot.

Had the measure made it onto the ballot and been approved by voters, such a program would have allowed owners of nonconforming properties to make repairs worth up to 50% of the home’s value.

Cullen wrote to the Commission: “Existing regulations often create a situation where even necessary improvements risk triggering loss of lawful nonconforming status. As a result, families are placed in a position where they must either allow their homes to deteriorate or face the possibility of losing them entirely.” 

Honolulu resident Nick Zehr also testified in support of Cullen’s proposal, calling it “a measured, commonsense reform that protects lawful homes from unintended harm caused by later zoning changes.” 

And the Kalihi-Palama Neighborhood Board submitted a resolution urging the Charter Commission to approve it.

But not everyone was on board.

City Department of Planning and Permitting Director Dawn Takeuchi Apuna opposed the measure, writing that the city code allows “nonconforming homes or structures that existed legally before zoning code changes to continue.” 

She testified that, “These structures can be maintained but generally cannot be expanded, intensified, or rebuilt if destroyed by more than 50% to 90% of their value without complying with current regulations. Any changes to these requirements should be made through (a city ordinance) amendment.”

Cullen told Grassroot recently she was “disappointed that the Charter Commission did not advance the proposal because it addressed a real problem affecting longtime homeowners.” 

The issue “was never about expanding development,” she said. “It was about giving responsible homeowners a reasonable path to preserve safe, existing housing.”

However, the City Council could still pass a bill to enact the same changes — a point DPP made in its testimony against the Charter amendment.

“I hope the City Council will recognize the need and introduce legislation to protect these homes and families,” Cullen said.