Two welcome aspects of the city’s approach to handling outsized, out-of-bounds residential builds in Honolulu neighborhoods converged in recent days. On Feb. 9, the Honolulu Building Board of Appeals upheld an order requiring a developer to tear down portions of three buildings before going further, because the construction violates the city’s “monster home” rules. On Feb. 8, a City Council bill to specify penalties against developers who include false information on permit applications moved a step closer to passage.
There’s widespread neighborhood opposition to monster homes, but the issue has languished for years — allowing too many oversized constructions to go forward, eroding trust in the city’s ability to enforce its own laws. Firm limits on these abuses must be enforced, with firmer restrictions and penalties.
The real-world “monster home” now under construction is a project by Honolulu developer Christy Zeng Lei on Sierra Drive in the Wilhelmina Rise community. Despite residents’ early opposition, including a rally that brought City Council Chair Tommy Waters to the site, Lei and crew proceeded to blow past permit requirements. And in 2022, the city Department of Planning and Permitting (DPP) revoked the building permit.
The project had been OK’d as three two-story houses on a single 19,000-square-foot lot. But after an inspection, DPP ordered Lei to take down portions of all three structures before applying to resume construction. DPP found that four “wet bars” had been constructed, rather than two allowed on a lot this size, along with more bathrooms than permitted, and the structures were built with a floor area ratio — floor area in relationship to lot size — higher than allowed by the DPP-termed “‘monster homes’ ordinance.”
DPP stated, “To come into compliance for the existing structures, at the very least, the developer will need a new building permit and will need to demolish portions of the three dwellings.”
That is certainly encouraging. The action shows that despite a trimming back of proposed legislation to mandate demolition of monster homes that skirt permit requirements, DPP is claiming the authority to require dismantling and reconstruction when necessary to enforce municipal law.
On the legislative front, the full City Council is scheduled to vote Feb. 28 on Bill 44, which started in 2023 as a measure to prohibit and penalize the making of false statements to city planners. It’s now been revised to propose a new set of penalties for “bad actors” who lie to authorities on building permit applications.
Bill 44 authorizes penalties for “persons having a history of making false statements,” as evidenced by a criminal conviction for making a “false or fictitious” claim. Penalties for developers found to have submitted such claims include a two-year moratorium on applications for building permits, a higher rate for building permit and plan review fees, and the imposition of a temporary certificate of occupancy that allows DPP to conduct additional, extended inspections ensuring construction complies with permit requirements. Bill 44 also allows for civil fines of up to $3,000 for a violation and $3,000 for each day the violation continues.
These penalties for builders who include falsehoods on permit applications are supremely justified. These or similar deterrents should have been baked into Honolulu law years ago.
An earlier version of Bill 44 focused on false statements in permit applications. But state law — HRS 710-1063 — already prohibits lying to state or county officials. In altering Bill 44 to be linked with state law, the City Council is making clear an expectation that state law will also be enforced.
After enacting tougher law on monster homes, the city must follow through with aggressive enforcement. As Council Chair Waters has stated, “Even though we say it’s a crime, if we’re not actually prosecuting it, it’s not going to be a deterrent.”
