Victorino proposes resolution seeking fairness for TVR operators

April 14, 2008
Councilmember Michael P. Victorino

WAILUKU – Operators of transient vacation rentals who have been "caught in legal limbo" because of the County's confusing and contradictory enforcement policies shouldn't be punished, Maui County Councilmember Michael Victorino said today.

Victorino has proposed a resolution calling on the County Administration to suspend enforcement actions against TVR operators until the Council has had a chance to review and enact legislation currently pending before the Council's Planning Committee. The Committee isn't expected to review the bills submitted by the Department of Planning and the planning commissions until June.

Victorino said he became concerned about the unfairness of aggressive enforcement against TVR operators after reading court documents in a lawsuit brought by the Maui Vacation Rental Association against the County.

"According to court records, TVR operators were directly told by the Department of Planning to not apply for permits based o! n the Administration's prior policies," Victorino said. "Now, under the Administration's new policies, these same operators are subject to penalties and closure because they don't have permits.

"The federal judge reviewing this matter recognized the basic unfairness caused by the Administration's policy changes. The Council's new legislation will soon establish new, legitimate TVR policies. In the meantime, it's only fair to suspend enforcement against TVR operators who aren't causing any problems in the neighborhoods where they operate and who are obviously filling an important niche in our visitor industry."

Victorino said he urges members of the public who support his resolution to write to the Council members. Copies of Victorino's resolution, entitled "URGING THE ADMINISTRATION TO TEMPORARILY SUSPEND ZONING ENFORCEMENT AGAINST TRANSIENT VACATION RENTALS," are available from his office.