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A group whose stated purpose is to lobby and educate government officials, property owners, vendors and the public about the vacation rental industry is suing to invalidate the way the city enforces its bans on some bed-and-breakfast and transient vacation rental units.
Kokua Coalition, which does business as Hawaii Vacation Rental Owners Association, filed a lawsuit Monday in U.S. District Court against the city’s Department of Planning and Permitting, department Director George Atta, the Honolulu Zoning Board of Appeals and the city.
The lawsuit claims that city ordinances that spell out the procedures for enforcing the bans are unconstitutional in that they force property owners to prove they did not violate the law rather than require the city to prove they did.
The group also claims that Atta interprets the ordinances inconsistently and that his employees trespass to conduct investigations of alleged zoning violations.
According to the lawsuit, DPP investigators have entered private property from public beaches, walked onto and around dwellings and climbed over or entered through closed gates without permission or search warrants. The lawsuit also claims that DPP inspectors have harassed residents and their guests.
The city says it cannot comment on pending litigation.
Kokua Coalition says its members offer their properties for short-term rental legally and pay state transient accommodation and general excise taxes.