Why can’t the Mayor ignore the laws prohibiting illegal TVRs?
The Mayor is obligated to enforce duly-enacted laws, such as the zoning ordinances that prohibit unpermitted transient vacation rentals in residential districts. In a lawsuit filed by the Maui Vacation Rental Association (MVRA v. County, Civil No. CV 07-00495 JMS/KSC), the federal court upheld the County of Maui’s actions to enforce the law. Additionally, it is a customer’s rightful expectation that government, through regulation and monitoring, has verified that the business meets fire, building and health codes for the customer’s benefit and safety. It is important to note that the Administration enforces laws and the County Council, as the legislative arm of County government, adopts proposed legislation into law.