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.
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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
The full picture
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.
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
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)
- DPP Short-Term Rental FAQ
- Ordinance 22-7 (Bill 41 (2021), CD2) - Relating to Transient Accommodations (official city posting)
- Ordinance 24-14 (Bill 53 (2023), CD2) - Registration Requirements for B&B Homes and TVUs (city ordinance posting via American Legal Publishing)
- Ordinance 25-52 (Bill 62 (2025), CD1) - B&B/TVU standards amendments and permitted-area figures (city ordinance posting via American Legal Publishing)
- Bill 62 (2025), CD1 certified text (Honolulu legislative documents, hnldoc.ehawaii.gov)
- DPP Land Use Ordinance Update page (Ordinance 25-2 signing and effective dates)
- 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)
- Hawaii Department of Taxation Announcement 2025-03 (Act 96 TAT increase to 11% effective Jan 1, 2026)
- Hawaii DOTAX Tax Facts 96-2, Transient Accommodations Tax (rev. May 2025)
- Hawaii DOTAX County Surcharge page (GET 4% + 0.5% Oahu surcharge; 4.712% max pass-on)
- City and County of Honolulu BFS - Oahu Transient Accommodations Tax FAQs (OTAT 3%, Ord 21-33)
- 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)
- Governor of Hawaii news release - Gov. Green signs SB 2919 (Act 17, SLH 2024)
A markdown mirror of this page lives at /honolulu-hi.md for AI tools and researchers.
STRWatch publishes educational information about short-term rental regulation, checked against the official sources linked above as of the date shown. It is not legal advice, and rules change — a city can move between the times we check it. For decisions with money at stake, confirm with the authority linked above or a local attorney.