If you’re planning a trip to Hawaii, you may be considering a short-term vacation rental as your accommodation. However, before you book your stay, it’s important to understand the regulations and laws surrounding vacation rentals in Hawaii.
What are short-term vacation rentals?
Short-term vacation rentals refer to properties rented out for less than 30 days at a time. These can include entire homes, apartments, or rooms within someone’s home that are rented out to travelers.
Are short-term vacation rentals allowed in Hawaii?
The answer is yes and no. It depends on where you’re staying and the type of rental property you’re considering.
In June 2019, Hawaii passed legislation that allows each of its counties to regulate short-term rentals as they see fit. This means that rules can vary depending on the county you’re staying in.
Here’s a breakdown of the current regulations in each county:
Honolulu County
In Honolulu County (which includes the island of Oahu), all short-term vacation rentals must have a nonconforming use certificate (NUC) issued by the city. This means that only certain properties are allowed to be rented out as vacation rentals, and they must meet specific requirements such as having parking available for guests.
If a property does not have an NUC, it cannot legally be rented out for less than 30 days at a time. Additionally, there is a cap on the number of NUCs issued each year, so not all properties may be eligible.
Maui County
In Maui County (which includes the islands of Maui, Molokai, and Lanai), short-term vacation rentals are only allowed in certain zoning areas. These areas include resort zones and certain residential areas with special permits.
Properties outside these zones cannot legally be rented out for less than 180 days at a time unless they have a short-term rental home permit.
Kauai County
In Kauai County (which includes the island of Kauai), short-term vacation rentals are only allowed in certain zoning areas.
Properties outside these zones cannot legally be rented out for less than 180 days at a time unless they have a nonconforming use certificate.
Hawaii County
In Hawaii County (which includes the Big Island), short-term vacation rentals are only allowed in certain zoning areas.
Properties outside these zones cannot legally be rented out for less than 30 days at a time unless they have a nonconforming use certificate.
What are the penalties for renting out a property illegally?
Penalties for renting out a property illegally can vary depending on the county, but can include fines of up to $10,000 per day and even jail time in extreme cases. Additionally, guests who book an illegal rental may be evicted without refund if the county becomes aware of the violation.
It’s important to note that Airbnb and other vacation rental platforms may also face penalties if they list properties that do not comply with local regulations.
Conclusion
Short-term vacation rentals are allowed in Hawaii, but it’s crucial to understand the regulations in your specific county before booking your stay. Be sure to research local laws and ask your host about any necessary permits or certificates before booking your stay. By doing so, you can ensure a safe and legal vacation rental experience in beautiful Hawaii.