Short-term rental rules · Maui County, Hawaii
Short-term rentals in Maui County, explained properly.
Maui County enacted Bill 9 (Ordinance 5909) on December 15, 2025, the largest short-term rental phase-out in U.S. history: it eliminates the 'Minatoya List' exception that let roughly 6,208 apartment-zoned (A-1/A-2) units operate as vacation rentals. In the West Maui community plan area (Lahaina, Ka'anapali, Honokowai, Kahana, Napili, Kapalua) the use is allowed through December 31, 2028 and must cease on January 1, 2029; in all other areas of the county (including Kihei, Wailea, Ma'alaea, Hana, Pa'ia and Molokai) it is allowed through December 31, 2030 and must cease on January 1, 2031. After the deadline the use is no longer legally permitted; the main escape route is a rezoning into the new H-3/H-4 hotel districts created by Ordinance 6008 (effective June 22, 2026), which is decided property by property and is still pending for most complexes. Two state-court lawsuits challenging Bill 9 were filed in December 2025; as of September 2026 no court had blocked the deadlines. Hotel- and resort-zoned properties, validly existing timeshare units, and permitted bed-and-breakfast and short-term rental homes are not affected. Guests pay 11% state TAT (up from 10.25% on January 1, 2026), 3% Maui County TAT and 4.5% GET.
At a glance
What you need to know before you buy or list
| Question | Answer |
|---|---|
| Bill 9 signed into law December 15, 2025 | Mayor Richard Bissen signed Bill 9 into law on December 15, 2025, following a 5-3 Maui County Council vote, enacting what is described as the largest short-term rental phase-out in U.S. history; it was codified as Ordinance 5909 and took effect on approval [1] [2] [3]Confirming |
| West Maui phase-out deadline: January 1, 2029 | In the West Maui community plan area (as defined in Maui County Code section 2.80B.070; includes Lahaina, Ka'anapali, Honokowai, Kahana, Napili and Kapalua), transient vacation rental use in the A-1/A-2 apartment districts may continue through December 31, 2028 (the amortization deadline) and must cease on January 1, 2029 [2] [3] |
| Rest of county phase-out deadline: January 1, 2031 | Everywhere else in Maui County (all areas outside the West Maui community plan area, including Kihei, Wailea, Ma'alaea, Hana, Pa'ia and Molokai), transient vacation rental use in the A-1/A-2 apartment districts may continue through December 31, 2030 and must cease on January 1, 2031 [2] [3] |
| Roughly 6,208 units affected | As of a May 29, 2024 count, 6,208 'Minatoya List' apartment-zoned units were actively operating as short-term rentals; the county expects more than 6,000 units to eventually return to long-term residential use as a result of the phase-out [1] |
| Geographic distribution of affected units | Of the affected apartment-zoned units, roughly 60% are in South Maui, roughly 36% are in West Maui, and roughly 4% are in Hana, Pa'ia, and Molokai [1] |
| No renewal, opt-out, or appeal after the deadline | Once a unit's phase-out deadline passes, its nonconforming-use protection expires permanently, with no renewal option, no opt-out, and no pathway to preserve apartment-zoned short-term rental use for that unit. The ordinance exempts only validly existing timeshare units, uses operating within the terms of a variance, and uses otherwise permitted by law; the other route is rezoning the property out of the apartment district (see the H-3/H-4 hotel districts below). The county had to mail notice to affected owners by March 1, 2026 [2] [3] |
| Hotel/resort-zoned units, B&Bs, and permitted STR homes unaffected | Bill 9 does not affect hotel-zoned or resort-zoned properties, validly existing timeshare units, permitted bed-and-breakfast homes, or permitted short-term rental homes operating under separate code chapters (B&B homes and short-term rental homes remain permitted uses in the apartment districts with a permit) — these categories continue operating under their existing rules; roughly 6,500 TVR parcels outside apartment zones, thousands of hotel units, and 2,400+ timeshare/B&B operations are unaffected [1] [2] [3] |
| Rezoning into new H-3/H-4 hotel districts (Ordinance 6008) | Ordinance 6008 (Bill 88, 2026), effective June 22, 2026, created H-3 and H-4 hotel districts for former A-1 and A-2 properties where transient vacation rentals are allowed to continue. A property only benefits once it is actually rezoned: the first rezoning resolutions (26-110 and 26-111, covering timeshare, leasehold and other A-1/A-2 properties in the Kihei-Makena and West Maui plan areas) were referred to the Maui Planning Commission, and a second set (26-129 and 26-130) was still before the Council's Housing and Land Use Committee in August-September 2026. The county's Tourism Industry Group had recommended roughly 4,519 units for H-3/H-4; the final list may be smaller or larger. Owners may also apply for a bed-and-breakfast, short-term rental home or conditional permit [1] [4] [5] [6] |
| Existing enforcement penalties for unpermitted STRs | Enforcement of Bill 9 relies on Maui County's existing code enforcement framework from a 2018 voter-approved charter amendment implemented in December 2019: an initial fine of $20,000 for operating an STR without a valid permit, and a daily fine of $10,000 for each day of continued illegal operation [3]Confirming |
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Detailed rules
The full picture, section by section
Eligibility & zoning
| 'Minatoya List' units defined by apartment zoning | The units affected by Bill 9 are specifically apartment-zoned (A-1 and A-2 zoning district) properties operating as transient vacation rentals under a grandfathered nonconforming-use list known as the 'Minatoya List' — units in hotel, resort, or other zoning districts are not on this list and are not affected. The ordinance also removes transient vacation rental permission for planned developments on A-1/A-2 land that relied on a site plan approval valid on April 20, 1989, and removes nonconforming-use protection for transient vacation rentals in apartment districts [6] [2] |
|---|
Legislative history
| Deadline dates were debated before final passage | During the bill's consideration, two different phase-out deadlines were debated: the Mayor's original proposal of July 1, 2028, and a Housing and Land Use Committee Chair amendment proposing July 1, 2030; the final enacted law instead set the two-tier deadlines of January 1, 2029 (West Maui) and January 1, 2031 (rest of county) [6] [2] |
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Taxes & fees
| State Transient Accommodations Tax: 11% since January 1, 2026 | Hawaii's state Transient Accommodations Tax (TAT) on gross rental proceeds from transient accommodations rose from 10.25% to 11% on January 1, 2026 (Act 96, SLH 2025, the 'green fee'); the 11% rate is scheduled through December 31, 2030 [7] |
|---|---|
| Maui County Transient Accommodations Tax (MCTAT): 3% | Maui County levies its own 3% Transient Accommodations Tax (MCTAT) on gross rental proceeds, in effect since November 1, 2021 and unchanged in 2026; it is registered, filed and paid separately from the state TAT. MCTAT filing moved from the eHawaii portal to the county's new myMauiTAT system in October 2026 (the old portal stopped accepting payments after September 30, 2026) [8] [9] |
| General Excise Tax: 4.5% in Maui County | Rental income is also subject to Hawaii General Excise Tax at 4% plus Maui County's 0.5% surcharge (4.5% total, in effect January 1, 2024 through December 31, 2030); the maximum rate that may be passed on to guests is 4.7120% [10] |
Enforcement & penalties
| Passed following the 2023 Lahaina wildfire | Bill 9's passage followed years of housing-shortage pressure intensified by the August 2023 Lahaina wildfire; Mayor Bissen noted that 94% of the affected units are owned by people who do not live in Maui County, and most do not live in Hawaii at all [1]Confirming |
|---|
Changes
Recent and pending changes
We checked the signed text of Ordinance 5909 (Bill 9), the mayor's signing release, the Council's Bill 9 overview page (last updated December 15, 2025, still showing pre-passage July 2028/July 2030 proposals), Bill 88 (2026) / Ordinance 6008 and rezoning Resolution 26-110 on Legistar, Maui Now coverage of the Bill 9 lawsuits and hotel-rezoning hearings through August 20, 2026, Hawaii Department of Taxation TAT and GET surcharge notices, and Maui County MCTAT pages. Deadlines in Ordinance 5909 are unchanged and no court order pausing them was found. Watch: rulings in Malter v. County of Maui and Lynam v. County of Maui (Second Circuit Court), Council action on H-3/H-4 rezoning Resolutions 26-110/26-111 and 26-129/26-130 (which decide which complexes keep vacation rental use), any bill to amend or delay Ordinance 5909, and the October 2026 move of MCTAT filing to myMauiTAT.
Created H-3 and H-4 hotel districts for former A-1/A-2 apartment properties where transient vacation rentals may continue after the Bill 9 phase-out. Individual properties still need to be rezoned; the first rezoning resolutions were referred to the Maui Planning Commission and more were before the Housing and Land Use Committee in August-September 2026.
Kaanapali Royal owners (Malter v. County of Maui, filed December 19, 2025) and a proposed class of Minatoya List owners (Lynam v. County of Maui, filed December 22, 2025) sued in Hawaii's Second Circuit Court, alleging an unconstitutional taking of vested property rights and seeking an injunction and compensation. Local reporting in April 2026 said the damages claims in Lynam were dismissed while the constitutional challenge continues. No ruling blocking the phase-out deadlines had been reported as of October 2026.
Hawaii's state Transient Accommodations Tax rose from 10.25% to 11% for January 1, 2026 through December 31, 2030.
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This page is general information compiled from public sources, not legal or tax advice. HOA rules, deed restrictions and zoning for a specific property can be stricter. Confirm with the local permitting office and a qualified professional before buying or listing a property.