Are Vacation Rentals Illegal in Hawaii?

By Michael Ferguson

If you’re planning a trip to Hawaii and considering booking a vacation rental, you may have heard conflicting information about their legality. Let’s take a closer look at the laws surrounding vacation rentals in Hawaii.

What is a Vacation Rental

A vacation rental is a type of lodging where travelers can rent a fully furnished home, apartment, or condominium for short-term stays. These rentals are typically booked through online platforms such as Airbnb, VRBO, or HomeAway.

Hawaii’s Regulations on Vacation Rentals

In Hawaii, the regulation of vacation rentals is determined at the county level. Each county has its own set of rules and regulations regarding short-term rentals.

Honolulu County

  • Only properties located in designated resort areas are allowed to be rented as vacation homes.
  • Properties outside of these areas can only be rented for periods of 30 days or more.
  • Homeowners must obtain a Nonconforming Use Certificate (NUC) from the city before renting out their property as a vacation rental.

Maui County

  • Vacation rentals are allowed in certain resort areas if they have obtained a permit from the county.
  • Properties outside of these areas can only be rented for periods of 180 days or more per year.

Kauai County

  • Vacation rentals are allowed in certain resort areas if they have obtained a permit from the county.

Hawaii County

  • Vacation rentals are only allowed in certain zones designated by the county.
  • Homeowners must obtain a Nonconforming Use Certificate (NUC) from the county before renting out their property as a vacation rental.

The Penalty for Illegal Vacation Rentals

Illegal vacation rentals in Hawaii can result in fines of up to $10,000 per day. Homeowners who violate these regulations may also face legal action from their neighbors or the county government. Additionally, guests who stay in illegal vacation rentals may be subject to eviction and loss of their booking fees.

Conclusion

If you’re planning on booking a vacation rental in Hawaii, it’s important to research the regulations in the county where you’ll be staying. While vacation rentals are not illegal across the state, each county has its own rules and penalties for non-compliance. By following these regulations, homeowners can avoid costly fines and legal consequences while providing travelers with safe and legal lodging options.