August 24, 2020
Loophole Bill (PSLU-59) is on the Planning and Sustainable Land Use Agenda for Wednesday

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.

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 apartment 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) shown above 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: [email protected] . I've attached a copy of RAM’s detailed 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:
  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
  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:

Legal Fund
We are actively watching the administration’s activities and remain concerned about discrimination against vacation rentals as well as threatened property rights. If you want to continue fighting for your property rights to be a vacation rental on Maui then please consider contributing to our legal fund. We continue to work on the legal arguments, phone calls, relationships and strategies for keeping your businesses from being discriminated against during the pandemic and into the future. Please join our legal fund today by clicking here to contribute so that we can continue to be well prepared. Mahalo to those who have contributed already.
Join Us
MVRA needs you now more than ever. Our voices are stronger together. We continue to advocate for the Vacation Rental industry in this challenging landscape. We don’t simply want to reopen our vacation rentals, but we want to also retain the legal process to rent. We have a good system with a lot of benefits for our community. With our local government discriminating against rentals with no good cause, and proposing to pass legislation that reduces or eliminates property rights our work is more important that ever before. Since 2001 Maui Vacation Rental Association has been the non profit publicly supporting the rights of Maui property owners, small businesses, management companies, and managers. We know our work is more critical than ever. Thank you for supporting, engaging and being a part of this organization. 

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If you have any questions please feel free to call or text us at 808-280-3286 or email me at [email protected].


Jen Russo
Executive Director