Honolulu
Honolulu defines short-term rentals, or vacation rentals, as lodgings that provide guest accommodation for fewer than 30 consecutive days.
“In order to preserve housing for long-term residents, STRs are only permitted in resort-zoned areas and a couple of specific apartment-zoned areas,” according to the city.
Honolulu categorizes two types of what are often called “STRs” or “STVRs” in other counties:
>> Bed-and-breakfast homes in which 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, sometimes called “whole home or unhosted rentals” by the city. A maximum of two adult transient occupants are allowed per room.
“Grandfathered” STRs that have been in operation since prior to Oct. 22, 1986, were issued nonconforming use certificates that must be renewed every year to continue operating. New permits are not being issued.
The Department of Planning and Permitting has the responsibility for enforcing short-term rental laws, typically based on complaints from neighbors.
Maui County
Maui considers a transient vacation rental — or short-term rental — as a unit rented for fewer than 180 days.
The county estimates there are more than 16,000 legal short-term rentals, “many in multi-unit buildings, along with several hundred single family units,” according to the county. “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.
“Hotel districts are intended for short term rentals. Residential districts are intended to provide for long term housing for our residents.”
Maui County Code Chapter 19.37 prohibits transient vacation rentals outside of the hotel district. Maui County Code Chapter 19.64 allows for bed-and-breakfast operations within the business district as well as residential districts, with a permit.
Owners operating illegal short-term rentals face an initial fine of $1,000 along with additional fines up to $1,000 per day.
Hawaii County
The Hawaii County Council adopted Bill 108 in November 2018 to specify where short-term vacation rentals are allowed and to create a process for owners of existing vacation rentals to apply for a nonconforming use certification that would allow them to operate outside a permitted zoning district.
The Planning Department instituted rules following Bill 108’s adoption that include:
>> The owner “or reachable person shall reside in the County of Hawai‘i and shall be reachable by guests, neighbors, and County agencies on a twenty-four hour, seven days-per-week basis.”
>> “The owner or reachable person shall be responsible to ensure that activities taking place within the STVR conform to the character of the existing neighborhood in which the rental is located.”
>> “Quiet hours” shall be from 9 p.m. to 8 a.m., “during which time the noise from the STVR shall not unreasonably disturb adjacent neighbors.”
>> Guest vehicles shall be parked “in the designated onsite parking area.”
>> All guest parking for STVRs must be off-street.
Kauai County
In 2018, Kauai County amended Kauai code to grandfather transient vacation rentals outside “Visitor Destination Area” boundaries but prohibited any new single-family transient vacation rentals outside the boundaries if they were not established before March 7, 2008.
According to Ordinance No. 904, the county’s general plan “emphasizes the need to enact clear standards and permit processes for regulating alternative visitor accommodation structures and operations in Residential Agricultural Open and Resort zoning districts.”
Owners have to renew nonconforming use certificates.
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Source: Hawaii counties
