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Update: Loophole Bill on Planning and Sustainable Land Use Committee Meeting

Monday, August 24, 2020 9:43 AM | Jen Russo (Administrator)


We have another update on the Minatoya Loophole bill, it will be on the Planning and Sustainable Land Use Committee Agenda as item PSLU-59 this Wednesday at 9am.

I am going to paraphrase the information that the Realtor Association of Maui (RAM) sent out, because their information was concise and to the point: 

We would like to see a change in the language in Section G 2, because that language could potentially threaten the property rights of a small subsection of non-condominium properties that have lawfully been conducting short-term rentals pursuant to permitted uses in the A-1 and A-2 zoning district, but have not been categorized in the Short-Term Rental real property tax class.


MVRA is supporting the proposed amendment from RAM: 

that MCC 19.12.020(G)(2) be replaced with the following language instead

“Transient vacation rental use was conducted in any lawfully existing dwelling unit within the building or structure prior to January 1, 2021, as determined by real property tax class or payment of transient accommodations tax.”

By adding these two details highlighted above into the language of the bill we can protect the property rights of the owners, increase Short Term Rental tax class without a net increase in TVR operators, and accomplish the goal of keeping non-TVR condominiums from converting to TVR use based on an old loophole.

Please send your own two-cents in to help get this change in the language included in the bill.

Here is what you can do:

  1. Submit Written Testimony: Written testimony should be submitted no less than 24 hours before the meeting via email to: pslu.committee@mauicounty.us . I've attached a copy of RAM’s testimony, but I would recommend drafting your own individual testimony. 
  2. Oral Testimony via Phone: Oral testimony can be provided via telephone by dialing in to 1-408-915-6290 and entering meeting code 994 504 421. At the beginning of the meeting each testifier will be given 3 minutes to testify per agenda item they are testifying on. 
  3. Video Testimony via BlueJeans: If you would prefer to give video testimony via videoconferencing software, you can join the meeting via BlueJeans using the following link: https://bluejeans.com/994504421
  4. View Live: If you don't want to testify but you still want to see what happens, you can watch the meeting live on Akaku Channel 53 or online using links at http://mauicounty.us/agendas/
  5. Contact Your Council Representative: As always, you should feel free to reach out directly to your local County Council representatives on any issue using the following info:
  • Alice Lee, Chair: alice.lee@mauicounty.us, (808) 270-7760
  • Keani Rawlins-Fernandez, Council Vice Chair: keani.rawlins@mauicounty.us, (808) 270-7678
  • Tasha Kama, Presiding Officer Pro Tempore: tasha.kama@mauicounty.us, (808) 270-5501
  • Riki Hokama, Councilmember: riki.hokama@mauicounty.us, (808) 270-7768
  • Kelly King, Councilmember: kelly.king@mauicounty.us, (808) 270-7108
  • Mike Molina, Councilmember: mike.molina@mauicounty.us, (808) 270-5507
  • Tamara Paltin, Councilmember: tamara.paltin@mauicounty.us, (808) 270-5504 <- Chair of the Planning and Sustainable Land Use Committee
  • Shane Sinenci, Councilmember: shane.sinenci@mauicounty.us, (808) 270-7246 <- Vice Chair of the Planning and Sustainable Land Use Committee
  • Yuki Lei Sugimura, Councilmember: yukilei.sugimura@mauicounty.us, (808) 270-7939

If you have any questions or need more information email us at membership@mauivacationrentalassociation.org

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