Airbnb has removed all mobile vacation rental listings in Hawaii from its online hosting site. State and local laws make it difficult for such accommodations to operate legally.
Airbnb voluntarily pulled the listings after the Honolulu Star-Advertiser called the company to discuss complaints it had received about Hippie Bus Hawaii, which reportedly parked frequently at Kapiolani Park, where commercial activity is prohibited.
In fact, a state law prohibits sleeping in a vehicle on public streets at night. But that didn’t stop Kane Oliver from double- parking his renovated car-rental shuttle in front of the park on Kalakaua Avenue. The 28-year-old entrepreneur’s Airbnb listing, which has been removed, sold bed space for up to seven individuals. The bare-bones rental came with clean bedding, but that was about it. There wasn’t even a bathroom on board.
Oliver doesn’t have a general excise tax license or permits to teach surfing, conduct commercial activity on lands under city or state jurisdiction, pick up tourists from the airport or transport them around the island. He told the Star- Advertiser earlier this month that loopholes in the laws regarding his various activities, which include providing airport pickups, tours and surf lessons, allow him to operate without permits.
“Basically wherever we park is home,” Oliver said. “I surf and swim every day and try to catch fish for dinner. This is my van or my truck. It’s not registered as a commercial vehicle. My friends throw in gas money for the experience.”
But city and state officials beg to differ.
Airbnb removed the Hippie Bus Hawaii listing before the Star-Advertiser published a story about Hippie Bus Hawaii and the mobile vacation rental trend Sunday. On Wednesday, the company removed all of its Hawaii mobile vacation rentals. It’s impossible to know how many had been operating, but eight were available to rent from Jan. 20 to Jan. 27 on Oahu alone when the Star- Advertiser checked before Airbnb removed its Hawaii mobile vacation rental listings.
The company said Wednesday in a statement, “We recognize that public lands and beaches are cherished resources in Hawaii for residents and visitors and we do not condone their use for commercial purposes. We have reviewed and taken action to remove the Hippie Bus and other similar listings, as we do on a regular basis. These represent a minuscule portion of our listings in Hawaii and are not reflective of our overall host community.”
State Rep. Tom Brower, who introduced two vacation rental bills this session, said the new problem of mobile vacation rentals has emerged because government and Airbnb have not done anything effective to stop illegal vacation rentals.
“If we don’t stop this there will be even more creative things on the horizon,” said the legislator, who has documented instances of Hippie Bus Hawaii parked at Kapiolani Park, which is in his district.
“My ‘right to know’ bill (HB 29) will require unit owners on home sharing platforms (like Airbnb and VRBO) to register with their condo association,” Brower said. “My other bill (HB 26) will discourage home-sharing platforms from doing business with illegal operators. Specifically, they are prohibited from collecting a fee for booking services for vacation rentals that are not lawfully certified, registered, or permitted under applicable country ordinance.”
Kapiolani Park Preservation Society President Alethea Rebman said the onus is on the county and state to ensure that Airbnb’s mobile vacation rental listings don’t reappear.
“It’s nice that Airbnb has taken action, but we still need a comprehensive policy and more enforcement, starting with the city,” Rebman said. “I’m at Kapiolani Park right now and I see all kinds of illegal surf school buses. You can’t blame the individual entrepreneur from taking advantage of what the city and the Honolulu Police Department won’t enforce.”
Mark Howard, a Waikiki resident and real estate broker, said Airbnb also needs to commit to continually policing itself.
“They need to make sure that this doesn’t happen again,” he said. “It’s not up to the public to police them, but we will if that’s what they want.”
THE LAW SAYS …
§291C-112 Certain uses of parked vehicles prohibited between 6:00 p.m. and 6:00 a.m.; definition; exceptions.
(a) No person shall use any vehicle for purposes of human habitation, whether or not the vehicle is designed or equipped for that purpose, while the vehicle is parked on any roadway, street, or highway or other public property between the hours of 6:00 p.m. and 6:00 a.m. or while the vehicle is parked on private property without authorization of the owner or occupant authorizing both the parking of the vehicle there and its use for purposes of human habitation.
(b) As used in this section “purposes of human habitation” includes use as a dwelling place, living abode, or sleeping place.
(c) This section does not apply to the parking of vehicles and their use for purposes of human habitation in parks, camps, and other recreational areas in compliance with law and applicable rules and regulations, or under emergency conditions in the interest of vehicular safety.
(d) The department of health shall promulgate rules and regulations, pursuant to chapter 91, necessary for the administration of this section. [L 1972, c 48, pt of §2]
Source: Hawaii Revised Statutes
