Is a short-term rental legal in Honolulu, HI?
On Oahu, renting a dwelling for fewer than 30 consecutive days is illegal except in resort-zoned districts, a few mapped apartment-zoned areas (the Waikiki Special District apartment precinct mauka of Kuhio Avenue on two specified tax-map-key lots, A-1/A-2 areas near the Ko Olina and Turtle Bay resorts, and an A-2 area contiguous to the Hoakalei Resort, per the figures enacted by Ordinances 25-2 and 25-52), or under a grandfathered nonconforming use certificate (NUC) issued for pre-October 22, 1986 operations — new NUCs are not issued. Eligible operators must register each unit with the Department of Planning and Permitting via the HNL Build portal ($1,000 initial, $500 annual renewal, each plus a 2.35% city service fee), carry $1,000,000 liability insurance, hold state GET and TAT licenses and pay the city OTAT, and include their registration/NUC number and tax map key in every ad. Hosted 'bed and breakfast home' rentals require the owner or permanent resident on site and are limited to two rooms with up to two adult guests per room; unhosted 'transient vacation units' are limited to two adults per bedroom. The ordinance text sets a 90-consecutive-day minimum rental term for unregistered homes, but a federal permanent injunction (D. Haw., Dec. 21, 2023) bars the city from enforcing that against 30-89 day rentals lawfully operating before October 23, 2022, and DPP currently treats 30+ day rentals as outside the STR program. Violators face civil fines up to $10,000 per day.
At a glance
| Unhosted whole-home rental | Conditional |
| Hosted rental (host present) | Conditional |
| Primary residence required | No |
| Guest cap | None verified |
| Rules apply to stays under | 30 days |
Both hosted (bed and breakfast home) and unhosted (transient vacation unit, TVU) rentals under 30 days are allowed only in resort zoning districts, the specific apartment-zoned areas mapped in Ordinances 25-2/25-52 (Waikiki apartment precinct mauka of Kuhio Ave on TMKs 2-6-025:005 and 2-6-028:011; A-1/A-2 near Ko Olina; A-1 near Turtle Bay; A-2 contiguous to Hoakalei), or under a grandfathered NUC (pre-10/22/1986; no new NUCs issued). Primary residence is not required for TVUs, but a B&B home requires the owner/permanent resident to be present during rental (max two rooms, up to two adult guests per room; for registration, B&Bs must show a real property tax home exemption and >=50% ownership interest, per Ord 22-7/24-14). Occupancy: no more than two adults may sleep in each transient occupant bedroom; no absolute per-unit guest cap verified. Minimum-stay nuance: ROH (as enacted by Ord 22-7 and carried into the recodified LUO by Ord 25-2/25-52) defines the minimum non-STR rental term as 90 consecutive days, but the federal court's December 21, 2023 permanent injunction in HILSTRA v. City & County of Honolulu bars enforcement of Ord 22-7 'insofar as it prohibits 30-89 day home rentals lawfully in existence at its effective date [Oct 23, 2022], or the advertisement of such rentals, in any district.' DPP's official position (Jan 2025 Zoning Committee update) is that it can only enforce Ord 22-7 prospectively, treats pre-22-7 rentals as nonconforming uses, and in practice enforces the sub-30-day line; DPP's current FAQ states rentals of 30+ consecutive days are not STRs.
What you need to operate
| Requirement | Authority | Cost | Official source |
|---|---|---|---|
| STR registration (bed and breakfast home or transient vacation unit) | City and County of Honolulu Department of Planning and Permitting (DPP) Register via the HNL Build portal; each unit registered separately; certificate valid one year from issuance. Initial application requires title report (or BFS real property tax records), state GET and TAT licenses and city (OTAT) transient accommodations tax registration, HOA/condo association letter confirming STRs are permitted, tax clearances on renewal, and evidence of insurance. Registration opened October 24, 2022; no deadline. Zoning verification request available for $300. |
$1,000 initial registration per unit, plus 2.35% city service fee (ROH §6-41.1, as amended by Ord 24-14; fee confirmed in DPP Jan 2025 update) renewal: Annual; $500 renewal plus 2.35% city service fee; file no earlier than 3 months and no later than 1 month before certificate expiration |
source |
| Liability insurance | ROH §21-5.70-3 (as enacted by Ord 25-2, amended by Ord 25-52; originally Ord 22-7/24-14) Minimum $1,000,000 per occurrence commercial general liability insurance, or homeowner's insurance with business liability coverage (umbrella coverage acceptable); hosting-platform-provided coverage may satisfy the requirement if it meets the minimums. |
Not verified renewal: Must be maintained at all times; evidence due at registration and on director's request at renewal |
source |
| State transient accommodations tax (TAT) license and general excise tax (GET) license | Hawaii Department of Taxation (HRS ch. 237D and 237) Operators furnishing transient accommodations (under 180 days) must register for and hold state TAT and GET licenses; both are prerequisites to city STR registration (Ord 22-7/24-14). License fee amounts not verified in fetched sources. |
Not verified | source |
| Nonconforming use certificate (NUC) annual renewal (grandfathered STRs only) | DPP NUCs cover STRs grandfathered from before October 22, 1986; no new NUCs are issued; NUC may transfer to a new owner if renewed before expiration. |
$500 per renewal (ROH §6-41.1 fee schedule as amended by Ord 24-14) renewal: Annual; renewal window September 1 - October 15 each year; certificates not renewed by deadline expire |
source |
| Advertising compliance | DPP (ROH §21-5.70-3, as amended by Ord 25-52) Every ad for a rental under 30 days must include the STR registration or NUC number and the property's tax map key. Ads for unregistered dwellings for terms under 90 consecutive days are unlawful; unregistered listings may not show daily or less-than-three-month rates and must state: 'This property may not be rented for less than 90 consecutive days. Rental prices will not be reduced or adjusted based on the number of days the rental is actually used or occupied.' (Enforcement against lawfully preexisting 30-89 day rentals is barred by the 2023 federal injunction.) |
Not verified | source |
Taxes on guests & hosts
| Tax | Rate | Applies to | Platform collects | Official source |
|---|---|---|---|---|
| Hawaii Transient Accommodations Tax (TAT) | 11.00% (increased from 10.25% effective January 1, 2026 by Act 96, SLH 2025, the 'green fee') | Gross rental proceeds from furnishing transient accommodations (stays under 180 days) | Not verified | source |
| Oahu Transient Accommodations Tax (OTAT) | 3% | Gross rental proceeds attributable to Oahu for transient accommodations let for less than 180 consecutive days (ROH ch. 8A, Ord 21-33, effective December 14, 2021) | Not verified | source |
| General Excise Tax (GET) + Oahu county surcharge | 4.0% GET plus 0.5% Honolulu county surcharge (surcharge effective through December 31, 2030); maximum pass-on rate 4.712% | Gross income from rental activity | Not verified | source |
Enforcement
| Penalties | Operating an unregistered/illegal STR: civil fines of up to $10,000 initial and up to $10,000 per day for continuing violations (ROH §21-2.150-2 as amended by Ord 22-7, which raised the caps from $1,000/$5,000); in addition to daily fines, the DPP director may impose a fine equal to the total rent received during the violation period (Ord 22-7). Unlawful advertising: after a 7-day removal notice, an initial fine of up to $5,000 plus up to $10,000 for each day the ad remains on public display (ROH §21-5.70-3 as amended by Ord 25-52); an unlawful ad is prima facie evidence an STR is operating at the address, with the burden on the owner to rebut. DPP compliance notices warn operators of 'fines of up to $10,000 per day' (DPP STR Update, Jan 16, 2025). |
| Platform liability | Hosting platforms may not provide, collect, or receive fees for booking services for B&B homes or TVUs unless the unit has a current registration or NUC number; platforms may not collect fees for ancillary services (insurance, concierge, catering, etc.) for unregistered units. Violations of the hosting-platform article carry civil fines of not less than $1,000 and not more than $10,000 for each day the violation continues (ROH §21-2A.10/§21-2A.40 as amended by Ord 22-7). |
| Notes | DPP tracks compliance via an STR Compliance Map and accepts complaints through its Request for Investigation portal; DPP collected $2,610,025 in STR registration fees from 10/22/2022 to 1/14/2025 and uses a collections agency (Aargon) for unpaid fines. Federal court (HILSTRA v. City & County of Honolulu, No. 22-cv-00247-DKW-RT, D. Haw., order Dec. 21, 2023, granting summary judgment on HRS §46-4(a) preemption grounds) permanently enjoined enforcing Ord 22-7 insofar as it prohibits 30-89 day home rentals lawfully in existence on October 23, 2022, or their advertisement; judgment entered for plaintiff and case closed. |
Pending changes
- State Act 17 (SLH 2024, SB 2919, signed May 3, 2024) amended county zoning authority (HRS 46-4) to let counties regulate the time, place, manner, and duration of transient accommodations and amortize/phase out STR uses in residential and agricultural zones, addressing the preemption basis of the HILSTRA injunction. Honolulu has since re-enacted its 90-day minimum and STR framework in the recodified LUO (Ord 25-2, bulk effective September 30, 2025; corrected by Ord 25-52, passed November 5, 2025), but no Honolulu phase-out of existing grandfathered/nonconforming STRs had been enacted or verified as proposed as of 2026-07-16. — proposed, 2024-05-03 [official]
What we could not verify (7)
- Operating-violation penalty amounts (initial up to $10,000; up to $10,000/day; disgorgement of rent received) were verified in the enacted text of Ordinance 22-7 (amending ROH §21-2.150-2 and §21-2A.40) and are consistent with DPP's Jan 2025 'up to $10,000 per day' statement, but the full recodified enforcement sections of the new LUO (Ordinance 25-2, ROH 2021 ed.) could not be fetched (12MB+ PDF), so the current codified section numbers/amounts for operating (non-advertising) violations were not independently re-verified post-recodification.
- Whether Airbnb/Vrbo or other platforms collect and remit Hawaii TAT, OTAT, or GET on hosts' behalf could not be verified against an official source; the city's OTAT FAQ requires operators to remit OTAT separately to the city, so collectedByPlatform is set to null for all taxes.
- Ordinance 25-52's exact mayoral approval date was not shown in the certified copy fetched (Council passed third reading Nov 5, 2025; the ordinance 'takes effect upon its approval'); DPP already cites it as current law.
- The enforceable minimum stay for residential-district rentals established AFTER October 23, 2022 is legally unsettled: the codified LUO says 90 consecutive days (re-enacted by Ord 25-2/25-52 after Act 17 (2024) removed the state-preemption obstacle), the 2023 permanent injunction protects only rentals lawfully in existence before Ord 22-7's effective date, and DPP's public FAQ currently draws the STR line at 30 days; min_stay_exempt_days is set to 30 to reflect DPP's stated enforcement position, not the ordinance text.
- No absolute maximum guest count exists in the verified sources (limit is two adults per transient occupant bedroom; B&B homes capped at two guest rooms with up to two adults each), so max_guests is null.
- State GET/TAT license registration fee amounts (e.g., one-time GET license fee) were not verified in the fetched official sources.
- Whether the city appealed the December 21, 2023 HILSTRA judgment was not verified; the order directed entry of judgment and closure of the case, and DPP's January 2025 presentation treats the injunction as operative.
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Sources
- DPP Short-Term Rentals main page (City and County of Honolulu) (official, accessed 2026-07-16)
- DPP Short-Term Rental FAQ (official, accessed 2026-07-16)
- Ordinance 22-7 (Bill 41 (2021), CD2) - Relating to Transient Accommodations (official city posting) (official, accessed 2026-07-16)
- Ordinance 24-14 (Bill 53 (2023), CD2) - Registration Requirements for B&B Homes and TVUs (city ordinance posting via American Legal Publishing) (official, accessed 2026-07-16)
- Ordinance 25-52 (Bill 62 (2025), CD1) - B&B/TVU standards amendments and permitted-area figures (city ordinance posting via American Legal Publishing) (official, accessed 2026-07-16)
- Bill 62 (2025), CD1 certified text (Honolulu legislative documents, hnldoc.ehawaii.gov) (official, accessed 2026-07-16)
- DPP Land Use Ordinance Update page (Ordinance 25-2 signing and effective dates) (official, accessed 2026-07-16)
- HILSTRA v. City & County of Honolulu, No. 22-cv-00247-DKW-RT (D. Haw. Dec. 21, 2023), Order granting summary judgment and permanent injunction (Dkt. 85, via GovInfo/U.S. Courts) (official, accessed 2026-07-16)
- Hawaii Department of Taxation Announcement 2025-03 (Act 96 TAT increase to 11% effective Jan 1, 2026) (official, accessed 2026-07-16)
- Hawaii DOTAX Tax Facts 96-2, Transient Accommodations Tax (rev. May 2025) (official, accessed 2026-07-16)
- Hawaii DOTAX County Surcharge page (GET 4% + 0.5% Oahu surcharge; 4.712% max pass-on) (official, accessed 2026-07-16)
- City and County of Honolulu BFS - Oahu Transient Accommodations Tax FAQs (OTAT 3%, Ord 21-33) (official, accessed 2026-07-16)
- DPP Short-Term Rental Update, City Council Zoning Committee presentation, Jan 16, 2025 (fees collected, 2.35% service fee, 90 vs 30 day enforcement position, $10,000/day warning) (official, accessed 2026-07-16)
- Governor of Hawaii news release - Gov. Green signs SB 2919 (Act 17, SLH 2024) (official, accessed 2026-07-16)
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STRWatch publishes educational information about short-term rental regulation, verified against the official sources linked above as of the date shown. It is not legal advice, and rules change — a city can move between our verification passes. For decisions with money at stake, confirm with the authority linked above or a local attorney.