STR Regulations
Oahu
Short-term rentals (“STRs”) are lodgings that provide guest accommodation for less than 30 consecutive days. STRs are only permitted in resort-zoned areas and a couple of specific apartment-zoned areas.
There may be some properties outside of the resort-zoned areas that were grandfathered in prior to October 22, 1986. Those STRs that were approved were issued a Nonconforming Use Certificate (“NUC”). These owners must renew their NUC every year to continue operating. New NUCs are not being issued.
There are two types of STR:
- Bed and breakfast homes (“B&Bs”) – The homeowner or permanent resident is present during the transient stay. Up to two rooms may be rented, with a maximum of two adult transient occupants per room.
- Transient vacation units (“TVUs”) – Commonly known as whole home or unhosted rentals. A maximum of two adult transient occupants are allowed per room.
For more information on requirements, please visit the City & County of Honolulu Department of Permitting and Planning website: https://www.honolulu.gov/dpp/permitting/short-term-rentals.html
The Hawai‘i Legal Short-Term Rental Alliance (“HILSTRA”) filed a lawsuit asking the U.S. District Court to stop the City and County of Honolulu from enforcing Ordinance 22-7 which increases the minimum allowable stay from 30 days to 90 days. On December 21, 2023, a motion from the plaintiffs for summary judgement was granted in part by the U.S. District Court: “The City and County of Honolulu … are hereby enjoined from enforcing or implementing Ordinance 22-7, which went into effect October 23, 2022, insofar as it prohibits 30–89 day home rentals lawfully in existence at its effective date, or the advertisement of such rentals, in any district on Oahu…”
Please read the summary judgement here: https://www.courthousenews.com/wp-content/uploads/2023/12/hilstra-v-honolulu-summary-judgment-usdc-hi.pdf
The ruling does not impact the City and County of Honolulu’s ability to conduct enforcement of Ordinance 22-7 as it applies to rentals that are less than 30 days. The City may also appeal the ruling.
If you are looking to buy a short-term rental, check to see if the property is eligible on the following map:
https://cchnl.maps.arcgis.com/apps/webappviewer/index.html?id=ed2eec39157f41d3a27901de4b3f7530
Anyone selling real property must provide the buyer with a short-term rental disclosure form stating whether the property may be legally used for STRs. The STR must be registered to be in compliance with law.
How do I verify if my property has a Nonconforming Use Certificate?
Access the list of Nonconforming Use Certificates by Tax Map Key.
https://www.honolulu.gov/rep/site/dpp/dpp_docs/nucs-by-tmk.pdf
Effective March 28, 2022, under City Ordinance 22-6 Relating to Short-Term Rentals, Sellers are obligated to disclose to the buyer whether or not the residential property being sold may be used legally as a short-term rental.
Hawaii Island
Bill 108 was adopted by the Hawaii County Council in November 2018. Short-term vacation rental (“STVR”) means a dwelling unit of which the owner or operator does not reside on the building site, that has no more than five bedrooms for rent on the building site, and is rented for a period of thirty consecutive days or less. This definition does not include the short-term use of an owner’s primary residence.
New short-term vacation rentals are not allowed in single-family residential and agricultural zones and are only allowed in hotel, resort, commercial and multi-family commercial zones.
For properties that were in non-permitted areas prior to Bill 108, were allowed to apply for a Nonconforming Use Certificate (“NUC”). These owners must renew their NUC every year to continue operating.
For more information on requirements, please visit the County of Hawaii Planning Department website:
Link: https://www.planning.hawaiicounty.gov/resources/short-term-vacation-rentals
In 2023, the Hawai‘i County Council proposed a Transient Accommodation Rentals (TAR) bill amending current ordinance. Some highlights from the proposal include that rental operators would have to pay an initial registration fee and an annual renewal fee and comply with a host of new rules. Some of the rules relate to on-site parking, the submission of site and floor plans, contact information for all registered property owners and managers, notification to surrounding properties and more.
The Council’s website with information about this draft proposal can be found here: hawaiicountytar.com
The Hawai‘i Island REALTORS® and West Hawai‘i Association of REALTORS® have partnered together on a National Association of REALTORS® Issues Mobilization Program grant to advocate on this issue. The following is the Slow Down Tar website as part of that campaign: slowdowntarhawaii.com
Maui
Transient vacation rentals (“TVR”) is any rental of a housing unit for less than 180 days. An estimated 16,000-plus TVRs may operate legally in Maui, many in multi-unit buildings, along with several hundred single family units. They operate legally because they are in an approved zoning district (hotel, business, historic, etc.). Those that are not in approved districts and are operating legally, have applied for and received a “conditional permit” that is required to conduct a vacation rental business in a residential, rural or agricultural zoned district.
In 2022, Ordinance No. 5473 was adopted that created a moratorium on TVR and no new short-term rental homes or transient vacation rental applications are being accepted. While the moratorium did not apply to Bed and Breakfast homes (B&B) there are caps on the number of Bed & Breakfast home permits issued by region.
Additionally, the following are additional permits:
- “Bed and breakfast home” means a use in which overnight accommodations are provided to guests for compensation, for periods of less than one hundred eighty days, in no more than two detached single-family dwelling units, one of which is occupied by the owner-proprietor. Each bed and breakfast home shall include bedrooms, one kitchen, and living areas and shall include no more than six bedrooms for bed and breakfast home use, as specified within the zoning district provisions of this title.
- “Short-term rental home” means a residential use in which overnight accommodations are provided to guests for compensation, for periods of less than one hundred eighty days, in no more than two single-family dwelling units, or one single-family dwelling unit and one accessory dwelling unit, excluding bed and breakfast homes. Each short-term rental home shall include bedrooms, one kitchen, and living areas. Each lot containing a short-term rental home shall include no more than two single-family dwelling units, or one single-family dwelling unit and one accessory dwelling unit, used for short-term rental home use, with no more than a total of six bedrooms for short-term rental home use, as specified within the zoning district provisions of this title.
For more information on requirements, please visit the County of Maui website: https://www.mauicounty.gov/1377/Short-Term-Rentals
If you have a rental and would like to help those that have lost their homes due to the wildfires, please visit: https://www.mauinuistrong.info/resource-categories/housing
Permitted Bed & Breakfast Homes:
https://www.mauicounty.gov/DocumentCenter/View/11127/Permitted-Bed–Breakfast-List-?bidId=
Permitted Short Term Rental Homes:
https://www.mauicounty.gov/DocumentCenter/View/14762/Approved-Short-Term-Rental-Homes-List?bidId=
Permitted Transient Vacation Rentals:
https://www.mauicounty.gov/DocumentCenter/View/11128/Approved-Transient-Vacation-Rental-List?bidId=
Kauai
Any short-term rental of a room within a home, or a home, less than 180 days is not permitted, nor can it be applied for. This limitation does not apply for properties within the Visitor Destination Area (“VDA”).
“Grandfathered” short-term rentals outside the VDA that have been in operation since prior to March 2008 and were issued a nonconforming use certificate (“NUC”), must renew their NUC annually.
There are three main VDAs on Kauai. Princeville is the only community that is wholly a VDA while only parts of Poipu and Koloa. There are also pockets in Waipouli/Wailua and Nawiliwili/Niumalu.
There are two types of short-term rentals:
- Transient Vacation Rentals (“TVR”) – Is a dwelling unit offered for transient or temporary occupancy of 180 days or less, for compensation of fees, including club fees, or as part of an interval ownership involving persons unrelated by blood.
- Homestays – On Kauai, Bed & Breakfast homes are referred to as Homestays. The owner must reside in the homestay operation site, and be physically available for the needs and concerns of their respective homestay guests. Homestays are limited to no more than 3 guest rooms per homestay operation.
For more information on requirements, please visit the Kauai Planning Department website:
https://www.kauai.gov/Government/Departments-Agencies/Planning/Transient-Vacation-Rentals
The new owner should complete the current year renewal application form (minus attachments or payment) with updated information and submit to the Planning Department within thirty (30) days of the recordation of the sale to keep the TVR file current and correct.
The seller should provide the buyer with (1) a copy of the complete file that originally documented the TVR use was properly determined to be non-conforming; (2) the most recent completed renewal application and all attachments; and (3) renewal letter issued by the Planning Department. This should be provided so the buyer has a sample of the operational expectations of the Department for renewals.
If the seller or their real estate agent does not provide this documentation, the buyer or their real estate agent should request it.
Access the list of approved homestays and Non-Conforming TVRs by Tax Map Key.
https://www.kauai.gov/files/assets/public/v/1/planning-department/documents/dto_r1_updated.pdf