Posted on: Friday, October 22, 2004

Final leasehold reform vote could take place by Dec. 1

By Johnny Brannon
Advertiser Staff Writer

A controversial plan to repeal Honolulu's condominium leasehold conversion law took another step forward yesterday, and a final City Council vote could now come as soon as Dec. 1.

The council's executive matters committee voted 5 to 3 to repeal the 1991 law, known as Chapter 38, which lets the city force landowners to sell to qualified condominium owners the fee interest in the land under their units.

Council members Charles Djou, Barbara Marshall and Gary Okino voted against repeal. Romy Cachola, the committee's chairman, was absent.

Yesterday's action suggests there is enough support on the council to repeal the law in a final vote. But it's not clear whether the sentiment is strong enough to survive a mayoral veto. It would take five votes to repeal the law, and six votes to overturn a veto.

A final decision could depend on how soon the repeal would take effect, and on who is elected mayor on Nov. 2.

Some council members want the law to stay in place for several more years to avoid lawsuits over conversions that are planned, but others want it thrown out immediately.

Mayor Jeremy Harris would not say whether he would veto a repeal. Mayoral candidate Duke Bainum opposes repeal, but rival Mufi Hannemann supports it.

The law is popular with many people who want full ownership of the condos they live in, but is staunchly opposed by some landowners, including charitable trusts that benefit Hawaiian children.

The full council is expected to take a preliminary vote on Nov. 10. The issue then would face a final committee hearing that month, and could be scheduled for a final council vote on Dec. 1.

Reach Johnny Brannon at jbrannon@honoluluadvertiser.com or 525-8070.