Lawsuit questions terms of rentals
A Haleiwa pair says three homes are rented for stays of less than 30 days
A Haleiwa couple is suing to stop what they say is the illegal operation of vacation rentals in their neighborhood.
Joseph and Ikuyo Pavsek filed a lawsuit in Circuit Court on Tuesday against the owners of three homes on Papailoa Road, travel agencies in Nevada and Hawaii that book stays in the homes and the managing agent for one of the properties.
"Our clients, the plaintiffs, Joe and Ikuyo, have made repeated complaints to the city since the summer of 2006 regarding what were apparent to them to be short-term vacations rentals," said Thomas Bush, the Pavseks' lawyer.
But according to city records, none of the homes violates the prohibition of transient vacation rentals in residential districts. A transient vacation unit is a dwelling offered for rent for periods of less than 30 days, according to the city ordinance.
Defendants Hawaii Beach Homes Inc. and Todd Sandvold called it a "brazen and unfair publicity stunt."
"We are good neighbors and have not caused the injury alleged by the plaintiff to this lawsuit," according to a statement from the company and Sandvold, who say they are confident they will win the suit.
The Pavseks have also filed a request for a preliminary injunction to stop the owners of the properties from continuing to make the homes available for short-term rental pending the outcome of the lawsuit. Bush said the request includes evidence that the property owners are renting or have rented their properties to people for periods of less than 30 days.
In the suit, the Pavseks say the illegal vacation rentals create increased traffic noise and congestion, increase trash and debris in the neighborhood and on the nearby public beach, including beer bottles and drug paraphernalia, and overburden the right of way easement to the beach.
All three properties are advertised on the Internet. One property is advertised as C. Noah's Beachside, another, Oahu Beachfront Paradise and the third, HA Seaside. The advertised rent for one of the properties is $3,500 per week.
According to city records the owner of one of the properties told city inspectors that he rents his home for periods of at least 30 days and showed the inspector a rental contract and proof of payment.
The city issued the owner of another property on Papailoa Road notices of violations for operating an illegal transient vacation unit from June 2006 to June 2007.
The records also indicate the owner corrected the violations and on Sept. 12 showed the inspector a rental contract for 30 days for his tenants and proof of payment.
For the third property, a city inspector said he spoke to a person living there who says he is a long-term tenant. The tenant also said he makes frequent trips to the mainland during which time he has friends stay there to watch the house.
The city records also said the Web site for the property specifies minimum 30-day rentals.
