Is Airbnb & Short-Term Rentals Legal in Hawaii? (2026)
Partially — Airbnb & Short-Term Rentals are legal with restrictions in Hawaii as of 2026.
Law changed in 2025: In December 2025, Maui passed a bill to phase out thousands of short-term rentals in apartment-zoned areas by 2031. In early 2026, the state legislature advanced bills to give counties more power to phase out short-term rentals to address the housing...
Quick Answer
Short-term rentals are legal in Hawaii but subject to local regulation. In December 2025, Maui passed a bill to phase out thousands of short-term rentals in apartment-zoned areas by 2031. Check local permit, licensing, and tax requirements before hosting.
What the Law Says
Hawaii state law requires all short-term rental operators to register with the state and pay both the Transient Accommodations Tax (TAT) and General Excise Tax (GET). Each county has its own, often very strict, laws regarding where short-term rentals are permitted and the requirements for obtaining a permit.
— Hawaii Property & Housing Code (Justia)
| Category | Details |
|---|---|
| State-Level Rules | Legal with local permits/registration required |
| Local Permit Requirements | Must comply with local zoning and licensing |
| Violation Penalties | Fines for operating without required permits. Tax penalties for unreported rental income. |
| Pending Legislation | None known |
In December 2025, Maui passed a bill to phase out thousands of short-term rentals in apartment-zoned areas by 2031. In early 2026, the state legislature advanced bills to give counties more power to phase out short-term rentals to address the housing crisis.
Enforcement Reality
Enforcement is strict and handled at the county level. Honolulu's Department of Planning and Permitting issues Notices of Violation with significant daily fines, though enforcement against booking platforms has been inconsistent. Counties have strong tools to enforce zoning and registration requirements.
The most common and costly mistake is operating a short-term rental outside of designated resort or hotel zones without a proper permit. Many properties in residential or agricultural zones are illegally rented for periods of less than 30 days (or 90 days on Oahu).
Local Exceptions
State law sets the baseline. These cities or counties have additional rules that may differ:
Bottom Line
Airbnb & Short-Term Rentals are legal with restrictions in Hawaii. This activity is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.
Hawaii vs. the Rest of the US
Across the US, operating a short-term rental is fully legal in 35 states, restricted in 15, and illegal in 0. Hawaii falls in the RESTRICTED category.
View the full 50-state map →Frequently Asked Questions
Is operating a short-term rental legal in Hawaii?
What are the restrictions on operating a short-term rental in Hawaii?
What mistakes do people make with operating a short-term rental in Hawaii?
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Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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