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Selective Enforcement With Hawaii County TAR Bill On Short Term Rentals

By
Real Estate Agent with Kona Home Team (luva llc) RS 62947

Selective enforcement refers to the practice of enforcing rules or laws selectively, rather than consistently applying them to everyone in a fair and equal manner. In the context of the County of Hawaii enforcing permitting rules to certain homeowners (TAR or STVR) and not others, it means that the county is choosing to enforce the rules only against certain homeowners while ignoring others who are similarly situated.

This selective enforcement can be problematic because it can lead to unfair treatment of individuals or groups, depending on who is being targeted and who is being ignored. It can also create a sense of distrust and resentment among those who are being targeted.

In this case, if the County of Hawaii is enforcing permitting, parking, and many more rules before allowing homeowners to rent to someone for less than 180 days, it may be seen as selectively enforcing the rules only against certain homeowners. On the other hand, the county may be ignoring other homeowners who are also in violation of the rules because they are renting for 181 days or more.

When asked why this was the case, the council members responded that the person renting for under 180 days had an expectation that when renting online, the county would be protecting them. However, it was pointed out that long-term tenants also rent from an online platform, and buyers also buy from an online platform. There was no follow-up answer to these statements.

Regardless of the reasons behind the selective enforcement, it is important for the county to be transparent and consistent in its enforcement of rules and regulations. This can help to ensure that all residents are treated fairly and equally under the law.

Here are some great links to the early readings of the proposed new legislation:
Slideshow Link: November 22 Presentation
Transcript: Comments from initial Presentation ( pull up a chair and grab some popcorn for this one -its good )
Youtube Link: November YouTube Presentation
Current Draft as of 3/21/2023: Draft 3  ( try and understand this as a Kupuna renting out a room)

#HawaiiTAR #TAR #Hawaii #STVR #VacationRental #hosted 

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Aloha, and have a great day 

Lance Owens (RS)

(808) 936-8383

Lance@KonaHomeTeam.com

www.KonaHomeTeam.com

LUVA Real Estate 

75-240 Nani Kailua Dr #8 , Kailua Kona, HI. 96740 (Pines Plaza