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Hawaii Judge Allows Short-Term Rentals Up to 90 Days To Operate Legally

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Hawaii Judge Allows Short-Term Rentals Up to 90 Days To Operate Legally


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The injunction specifically benefits existing home rental owners. It allows them to continue renting their properties for fewer than 90 days

Despite a 2022 ordinance making short-term rentals illegal in Hawaii, a district court judge ruled that existing short-term rentals can continue their operations and advertising of rentals for stays of 30 to 89 days.

Ordinance 22-7, which passed in October 2022, redefined a “short-term” and made rentals from 30 to 89 days illegal and subject to fines, Courthouse News reported. The Hawaii Legal Short-Term Rental Alliance challenged the ordinance, claiming it violated property owners longstanding rights and would lead to financial losses.

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30-Day Minimum

This permanent injunction means that those rentals that were grandfathered-in can operate under the 30-day minimum rule. The judge said the ordinance conflicted with state zoning laws and ruled that it cannot eliminate existing lawful residential uses within zoned areas. 

The new ruling, however, doesn’t apply to any short-term rentals that opened after the ordinance was put in place.

The City Council originally passed the ordinance to address the perceived adverse impact of short-term rentals, often owned by out-of-state landlords, on housing costs and local life. 

Short-Term Rental Conversions

Meanwhile, Hawaii Governor Josh Green urged homeowners to convert 3,000 short-term rental condos and homes into long-term housing for those displaced by the summer’s Lahaina wildfire. In December, Green mentioned the possibility of using post-emergency orders if the conversion isn’t voluntary by mid-January.

Over 6,000 residents are still in hotels due to housing shortages. The Federal Emergency Management Agency planned to offer rent subsidies to short-term rental operators who provide units for about 2,000 families. 

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And in November, Maui Mayor Richard Bissen proposed tax incentives to encourage the transformation of short-term rentals into long-term housing, potentially saving property owners an estimated $17,775 each for the year 2024.



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Hawaii

Dramatic weekend at youth soccer camps – West Hawaii Today

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Dramatic weekend at youth soccer camps – West Hawaii Today






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Amid mounting legal challenges, Hawaii allows open carry of formerly banned blades

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Amid mounting legal challenges, Hawaii allows open carry of formerly banned blades


HONOLULU (HawaiiNewsNow) – As of Monday, it is no longer illegal in Hawaii to carry a dangerous weapon in public — and switchblade and butterfly knives are no longer banned.

That change led to an alarming sight in Waikiki at sunset Tuesday.

The governor signed HB 2342 into law Monday without fanfare, making it immediately legal to openly carry weapons that were banned in public until now.

Gun rights activist Andrew Namiki Roberts, leader of the Hawaii Firearms Coalition, decided to celebrate in a very visual way, brandishing medieval bladed weapons in a public park.

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Video of the display was posted on the Coalition’s Facebook page.

“I can be down here with my halberd, walk around with it, and not break the law,” Roberts said, in the video. “I also have an 18-inch Viking axe, perfectly legal.

“The other thing that’s now legal was switch blades and butterfly knives you can own possess and carry them as long as it’s done openly.”

Attorney Alan Beck, who has represented Hawaii gun owners in lawsuits against the state and county’s gun control laws, is in the process of challenging the state’s ban on switchblade and butterfly knives. He said the new law was designed to blunt that lawsuit, by partially loosening the restrictions.

“You can now open carry any dangerous and deadly weapon. And the law now only prohibits the concealed carry of those weapons,” Beck said.

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State Solicitor General Kaliko’onālani Fernandes, who represents the Attorney General in appeals courts, said despite the loosening of some restrictions, existing laws can protect the public.

“It’s a serious crime, both before and after this bill, to carry a weapon in a manner that threatens or terrorizes others,” she said.

Roberts emphasized in his video that he had no intention of using the weapons to scare anyone, even though he admitted they were frightening.

“It’s 6 foot tall. It’s basically a spear, axe, hook all at once. It scares the bejesus out of me. It really, really, really does. But it’s perfectly legal for me to carry as long as I do so safely,” he said, in the video.

In hearings on the bill, the attorney general said the change was to modernize and align Hawaii’s concealed weapons laws with other places and court rulings.

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But some testifiers said it didn’t make any sense to legalize knives only to carry them in public.

Michael Rice, who appeared via Zoom from his home, used a small knife on a clip inside his shirt to explain.

“This is concealed — so, that’s a felony. Now this isn’t concealed. You know, if I’m running down the street with a butterfly knife in my hands, does that make it any better than if I just got it slipped in my pocket?” Rice said.

The new law also says people who legally carry concealed firearms will face felony charges if they commit even a minor crime, like driving without a license.

The state Public Defender’s office, represented by Jerry Villanueva, found itself allied with gun owners in questioning the language of the proposal, which didn’t seem to provide exemptions for crimes not related to the firearm.

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“But if they are validly in possession of a firearm, but they’re driving without a valid driver’s license as a misdemeanor, then they also could face a Class C felony,” Villanueva said.

But prosecutors and the state Attorney General’s Office said there would have to be some relationship between the firearm and the crime to trigger the higher charge.

“For decades, it’s been a felony under state law, to possess a firearm while committing a crime,” Fernandes said. “So this bill does not meaningfully change the scope of that existing prohibition.”

Beck called on the attorney general to publicly clarify how the new law will be enforced, but Fernandes said could not comment on specific hypotheticals.

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Hawaii study shows almost 75% of Maui wildfire survey participants have respiratory issues – WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale

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Hawaii study shows almost 75% of Maui wildfire survey participants have respiratory issues – WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale


HONOLULU (AP) — A University of Hawaii study examining the health effects of last year’s deadly wildfires on Maui found that up to 74% of participants may have difficulty breathing and otherwise have poor respiratory health, and almost half showed signs of compromised lung function.

The data, gathered from 679 people in January and February, comes from what researchers hope will be a long-term study of wildfire survivors lasting at least a decade. Researchers released early results from that research on Wednesday. They eventually hope to enroll 2,000 people in their study to generate what they call a snapshot of the estimated 10,000 people affected by the fires.

Dr. Alika Maunakea, one of the researchers and a professor at the university’s John A. Burns School of Medicine, said those who reported higher exposure to the wildfire tended to have more symptoms.

Many study participants hadn’t seen a doctor, he said. Some study participants said they weren’t able to because clinics had burned down or because they prioritized getting housing, jobs and food after the disaster. Maunakea urged people exposed to the wildfires to get checked.

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“There might be some problems that might manifest in the future,” he said. “Please see your doctor. Just pay more attention to your health because of this.”

Two-thirds of study participants lived in Lahaina at the time of the fires. About half of the participants reported daily or weekly exposure to smoke, ash or debris.

The Aug. 8 blaze killed at least 101 people, making it the deadliest wildfire in the U.S. in more than a century. It burned thousands of buildings, displaced 12,000 residents and destroyed the historic town on Maui.

The report shows Maui doesn’t have enough pulmonary health specialists to care for those who will need this expertise, said Ruben Juarez, a professor of health economics at the university and one of the study’s leaders. Researchers are talking with Hawaii’s congressional delegation to figure out how to bring these resources to Maui, he said.

Maunakea said researchers want to avoid the higher cancer and death rates experienced 20 years later by people affected by the Sept. 11, 2001, attacks.

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“We’ll hopefully be able to prevent this tragedy from compounding to higher mortality rates in the future, like we saw with other events like 9/11,” Maunakea said.

Dr. Gopal Allada, an associate professor of medicine specializing in pulmonary and critical care at the Oregon Science & Health University who wasn’t involved in the research, said it would have been great if the study participants had undergone similar lung function tests before the fire. But he acknowledged that wasn’t possible, as is often the case in similar studies.

He hopes the researchers will get funding to continue their research over time.

Allada noted most scientific studies on the health effects of wildfires have focused on what happens to people in the days and the week of exposure and less is known about the long-term effects.

He commended the researchers for showing there’s a problem and for collecting data that can influence policymakers.

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“This is important work that hopefully influences policymakers and people who control budgets and where trainees train and that sort of thing,” he said.

Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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