One bad apple spoils the whole barrel. One bad law, in any form, even if well-intentioned, will hurt more people than help solve a problem being created by a handful. That is the case with Bill 110 CD2, currently being considered by the Honolulu City Council and up for a vote at 2 p.m. today.
The bill proposes a moratorium on “monster homes,” or large structures that are being used illegally as long- and short-term apartment rentals in residential areas. BIA (Building Industry Association)-Hawaii is absolutely opposed to these structures and supports the Council’s effort to stop them. But, pushing a bill through, in what seems to be a “knee-jerk” reaction, will have numerous unintended consequences that will negatively impact regular homeowners. Based on discus- sions during Council and committee meetings, Council members are aware of that and have voted “WR” (with reservations) or offered up their own versions of Bill 110, likely in an effort to have the least amount of impact.
Bill 110 would temporarily stop the issuance of building permits for homes that don’t meet certain criteria, such as on floor area ratio (FAR), parking and setbacks. Meant to address a handful of true monster homes, Bill 110 will also prevent homeowners trying to build a larger home for their multigenerational household, or a luxury home that is 4,000 square feet, or even a production home on the Ewa Plain.
Furthermore, if your home deviates from the stated criteria, then you would need approval from the City Council, adding another two to three months to the already long process of getting a building permit. And, if the Council makes no decision within 60 days, your application is automatically denied. There is no incentive for the Council to even act.
Bill 110 CD2 assumes that all lots are level and rectangular in shape. It increases setback requirements to a point where your lot could be too narrow to build anything practical or functional. Its FAR includes unlivable garage/carport spaces and covered lanais, which aren’t currently considered in the formula. It increases parking requirements to where an actual single-family home of 4,001 square feet would require six parking spaces.
Many of our member contractors build homes that, under any version of Bill 110, would be considered the “monster” homes the Council is trying to prevent. Their clients have spent many months, even years, planning for, saving and obtaining financing for their dream home, many of which are multigenerational. With the high cost of housing, a limited supply as well as our culture, many households have three or even four generations under one roof. These regular families, our friends and neighbors, would be swept under Bill 110 and not be able to build their home.
So what should be done to best address this problem? Current laws and codes are in place that prevent these illegal apartment buildings masquerading as “homes” from being built. The city currently flags projects containing layouts deemed suspicious for illegal conversion, and requires property owners to file an affidavit stating that the permitted use will not be altered. But they are being altered for commercial uses.
BIA-Hawaii supports the only logical approach, which is strict and aggressive enforcement of existing codes to eradicate this problem. We know where these structures are: People have offered up addresses in their testimonies, the media have already highlighted several, and some have been flagged by the city. Exorbitant fines should be imposed and owners should be forced to return these homes to their original intended use, or tear them down. Targeting violators where it hurts the most is the path to deterring these types of illegal commercial ventures.
Let’s get those bad apples and protect the rest of the barrel.
Gladys Quinto Marrone is CEO of BIA-Hawaii.
