All posts by Genevive Bjorn

Culture, Politics, Travel

Bed & Breakfast Law in Effect for Maui County

Mayor Charmaine Tavares signed a new ordinarce into law governing Bed & Breakfast (B&Bs) operations effective January 2009. B&Bs are now a permitted use in residential, business, hotel, rural and agricultural zones in Maui. But there is a cap on the number of permits that may be approved: only two dwellings per parcel may be rented short-term. The property owner MUST live full-time in one of the two dwellings. According to the County, this is to prevent off-island investors from running unsupervised vacation rental businesses. The Planning department is authorized to process most B&B applications, a process they say could take several months or more to complete.

Large sign in the front yard part of B&B permit process

The new Maui County ordinance requires that large “Notice” signs must be posted in front of properties prior to submitting an application for a permit to operate a B&B. Hence, we see them popping up all over the place on Maui.

Maui County began enforcing regulations the effectively shut down transient vacation rentals (TVRs, aka vacation rentals) beginning in 2007, including properties that fell within the B&B category. This sudden action enraged landowners running illegal vacation rentals and local business people alike. Both rely on tourists for livelihoods. The crack down unfortunately coincided with an already ailing tourism economy due to the global economic crisis, turning a bad situation worse.

Generally, B&B permit applications for the island of Maui will be reviewed by the Planning Department. Neighbors and agencies will be provided an opportunity to comment on any submitted application. However, if the B&B is on Ag land and if 30 percent of the neighbors objected, or if another B&B is located within 500 feet, the Maui Planning Commission will review the application. (The intent of the additional requirements is to preserve Ag lands).

It is no longer necessary to receive approval from the County Council. Permit applications for B&Bs on the islands of Moloka’i and Lana’i will go to that respective island’s Planning Commission for review.

For land zoned agricultural–all of Haiku and some Upcountry areas, for instance–there are additional requirements to operate a B&B. State laws require a Special Use Permit be approved for lands with State Ag land-use designations. For County Ag zoned lands, the new ordinance requires an annual farm income of $35,000 for the previous two years; OR if the parcel is less than five acres, a farm plan must be fully implemented.

With the new law, there are limits to how many B&B permits may be issued in each of these areas:
Hana: 48
Kihei-Makena: 100
Makawao-Pukalani: 40
Paia-Haiku: 88
Wailuku-Kahului: 36
West Maui: 88
Moloka’i and Lana’i: no established caps

Each application must be reviewed by their island’s Planning Commission.
Permits are given first for 3 years; then after that for a 5 year period. They are non-transferable, meaning a prospective B&B buyer will need to apply for and win a new permit.

See coverage by the Maui Weekly.

Travel

Cheap Interisland Travel Fares

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The bad economy and falling visitor counts to Hawaii are finally lowering interisland airfares.

Hawaiian Airlines announced today prices for interisland airfares not seen since the 90’s. They’re offering a guaranteed fare of $43 each way good for travel between March 3, 2009 and May 15, 2009.

The catch is that you have to be a member of the frequent flier club, which is free to join, and sign up for the deal in advance by March 11, 2009. They say that coupon you’ll receive in your email is good for up to 40 one-way interisland flights priced at $43 each.

Sign up for the deal

Become a Hawaiian FF member

Culture, Family, Lifestyle, Parenting

Bad Landords: You Pay, They Prey

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Relationships between landlords and tenants are naturally tense: tenants buy the use of someone else’s home for a fixed period of time, and it’s all fine and good until something breaks or gets damaged. Tenants want quick repairs and a stable, safe place to live. Landlords want to minimize costs, steady income and the ability to retake possession at any time.

Laws have been enacted to manage these conflicting interests. In Hawaii, we don’t have rent control, like New York or San Francisco, which gives renters rights equivalent to owners. Instead we have something called the Landlord-Tenant Code. I’ll tell you more about it in this series covering horrific landlords and what to do about them.

(Quiet, private 2/1 for rent in Hawaii. Will consider rent reduction in exchange for yard work. Pets poss. Outdoor shower. $1200 + util.)

Why not cover bad tenants, too? To put it simply, I’ve had years of personal experience with bad landlords in Hawaii and in my dealings with them, I’ve compiled an archive of resources for stranded and screwed tenants. Maybe one day if I ever become a landlord, I’ll write about bad tenants.

The Hawaii Landlord-Tenant Code outlines the responsibilities and remedies for both parties. Unfortunately, the language is vague enough and with enough loopholes that landlords can easily game the system and abuse their tenants. In other words, tenants have to pay to preserve any of their rights while bad landlords prey on tenants’ vulnerability to eviction.

Everyone hates to move, and landlords know this. If tenants are working full-time to make ends meet, can’t afford to walk away from their security deposit, or have kids or pets, moving feels nothing short of daunting and keeps many tenants in dysfunctional or even hazardous housing.

The problems between landlords and tenants are chronic enough that the State Office of Consumer Protection established a free hotline. If you’re having trouble with your landlord, this is the first stop:

Residential Landlord-Tenant Volunteer Center (Hotline)
586-2634 (from Oahu)
8:00 a.m. – 12 noon
Monday through Friday, except State holidays

From the neighbor islands (toll free):
974-4000, ext. 62634 (from the Big Island)
274-3141, ext. 62634 (from Kauai)
984-2400, ext. 62634 (from Maui)
1-800-468-4644, ext. 62634 (from Molokai & Lanai)

If you leave a message, a volunteer will call you back usually within 2 business days. It helps to have a list of specific questions and documented issues ready when the return call comes.

Disclaimer: This is not legal advice. If you have a serious dispute with your landlord or live in hazardous conditions, consult an attorney who specializes in landlord-tenant issues.