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Cory Lum/Civil Beat/2021

About the Author

Susan Le

Susan Le is senior policy analyst for affordable housing at Hawaii Appleseed Center for Law and Economic Justice.

The Honolulu City Council is considering legislation with the potential to bring much-needed assistance to a market out of reach for many.

Every year, thousands of bills go through our state and local legislative processes. Most get little attention in the busy lives of everyday people.

But a handful of bills — those that promise big change on the issues that folks are feeling burdened by the most — can dominate headlines and find their way into everyday conversations.

One such proposal is working its way through the Honolulu City Council: to create an empty homes tax for the City and County of Honolulu.

The idea is simple: Tax homes sitting vacant at an annual 3% rate of their assessed value.

This tax could encourage some owners to fill their vacant homes to avoid paying the tax. Other owners that choose to pay the tax instead would contribute annually toward new affordable housing initiatives.

This policy has the potential to bring much-needed assistance to a housing market that’s become out of reach for many. More than in Honolulu are now cost burdened, spending at least 30% of their income on housing costs. In 2023, only could afford a mortgage on the median-priced single-family home.

But will this proposal actually deliver?

Bill 46 came before Honolulu City Council this afternoon.  The bill raises the possibility of taxing houses that are considered income properties that remain empty within the housing market in Honolulu County People from Local 5 strikers testified in favor of the bill along with past and present UH Mano graduates.(David Croxford/Civil Beat/2024)
The Honolulu City Council will consider an empty homes tax Thursday. (David Croxford/Civil Beat/2024)

Vancouver, Canada’s, successful implementation of a similar tax shows it’s possible. Since its implementation, Vancouver has reported in vacant homes, and in net revenue generated from the tax, all of which has been allocated to support affordable housing initiatives in the city.

But even the most noble-minded proposal can see its potential for real impact slip away when watered down, weakened, or poorly enforced. That’s why the specifics of Honolulu’s empty homes tax — how it’s structured, enforced and funded — are critical to its success. With the final budget committee hearing , time is running out to craft an effective bill.

Devil In The Details

Since its original introduction, Bill 46 has undergone significant changes. The current version of the bill () exempts legal short-term rentals — a concession added in response to intense lobbying by the STR industry.

If the goal of the empty homes tax is to discourage speculative investments that leave homes vacant, exempting STRs — which exacerbate the housing shortage — takes us in the wrong direction.

Another change threatened to remove the requirement that homes be a principal residence to qualify as “occupied.” This loophole would have allowed owners to evade the tax by stacking transient stays back-to-back, incentivizing homeowners to prioritize STRs over housing for local residents.

While this proposal has been removed in the latest drafts, the risk of its reintroduction remains a concern.

Some changes have also been helpful. The CD1 version now allocates 50% of revenue from the proposed tax to affordable housing.

This is a critical improvement from earlier drafts that would have allowed revenue to be diverted into the general fund instead. Yet, even this is a step backward from a 2019 version of the proposal that had earmarked 100% of revenues for affordable housing.

Leading up to Thursday’s hearing, four competing drafts have been introduced by various councilmembers. Currently, advocates are concerned about the following proposed amendments:

  • Reducing revenue allocations for affordable housing initiatives from from 50% to 20%, without mechanisms to ensure proper use, opening the door for diversion of funds to non-housing purposes.
  • Excessive and broad exemptions that reduce the tax base for revenue generation and enable indefinite evasion of the tax to properties that remain vacant or underutilized.
  • Removal of specified tax rates that risk failing to generate enough revenue for the policy to be effective.
  • Regressive tax features that cap the tax at a flat rate instead of accounting for a percentage of the assessed value, disproportionately benefiting wealthier property owners and undermining the deterrent effect of the tax.
  • Implementation changes that risk indefinite delays, weaken accountability, and significantly undermine enforcement.

This wouldn’t be the first time we’ve seen a well-intentioned bill chipped away until it’s ineffective. Some compromise is necessary in a democracy, but not at the expense of the intent of the proposal itself.

If we weaken the bill to placate special interests, we’ll end up with nothing but another headline touting change without real results. The community deserves better.

As deliberations continue, councilmembers must focus on strengthening the bill’s provisions and eliminating loopholes. Without careful attention to these threats, the empty homes tax risks failure to deliver meaningful benefits. Failure means allowing our housing and homelessness crises to deepen.

We need a tax that works to expand Oahu’s affordable housing supply by generating revenue to invest in new affordable housing development, and by discouraging owners from using our limited housing supply for non-housing purposes.

It’s time for lawmakers to prioritize Hawaii’s people and make meaningful changes to our housing ecosystem to meet Hawaii’s needs.

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About the Author

Susan Le

Susan Le is senior policy analyst for affordable housing at Hawaii Appleseed Center for Law and Economic Justice.


Latest Comments (0)

As stated before this bill is rubbish. Its a political whitewash of the real problem of government not building true affordable housing in over half a decade. They type of housing that is not only truly needed, but is very basic roof over your head.There are no hard facts, or evidence of all these alleged empty homes and that would be key if you really want to explore the argument, but the city's own "study" won't be done until 2025. Politicians use one city, Vancouver, as evidence, but the actual facts are still not conclusive there as city officials will admit when you read and dig deeper. It parallels the thought of government projects in Singapore as a model for Hawaii. IMO, what you will have are higher end homes in more exclusive areas that will not be affordable even if owners elected to rent them. Like rail, the true numbers coming out of this would be small to zilch. It's another money grab attempt by the city to unfairly tax landowners, just because you can gain public support by saying its not a tax on you, it's a tax on that foreigner. It's neighbor being pit against neighbor, which is simply division between good people.

wailani1961 · 1 month ago

Is there going to be some sort of exception for non-occupancy due to renovation or rebuild? With DPP taking so long to review permits, I could easily see a property lying vacant for two or three years to get a house built. Also, I think you need permits for electrical, so if you are in a flood zone and doing a renovation, you may need to let your home lie vacant for a year while you go through permitting and then a larger renovation. Rebuilding or renovating uninhabitable homes is actually creating housing stock, so doesn't seem like the law should penalize this behavior. Also, seems to me that fixing the backlog at DPP would go a long way to creating additional housing stock.

wootwoot · 1 month ago

Why are there very few creative answers in our government to actually help people? The "answers" seem to be to punish, fine, and shame people, making it harder and harder to live here, but not addressing the true root of the need. Our legislators seem to cater to the loudest most angry voices, then pass oppressive laws that makes it look like they are doing something. As a private tour guide, with a degree from UH in Pacific Island Studies, who hosts small groups responsibly and respectfully, and feeds back to the community along our entire route, it has now become illegal to let our guests see any beach from Makapuu all the way through Haleiwa. All the money tourism brings us will be taken away from locals as people realize they are not allowed to see Hawaii except by themselves in a rental car. Address any hotspots or true problems, not just a blanket 100% ban from certain council members with no discussion or input from their own constituents. This place is wonderful, but after 51 years here I sometimes wonder where did all the fun people go?! Remaining hopeful.

Gregory_A · 1 month ago

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