Are you confused by Honolulu’s ever-changing short-term rental (STR) regulations? You’re not alone. Whether you’re a property owner, investor, or advising clients, understanding the latest rules is crucial for staying compliant and making smart decisions. Here’s a clear breakdown of what’s happening right now—and what you should watch for next.

What Counts as a Short-Term Rental in Honolulu?

Honolulu defines a short-term rental as any rental less than 90 days for individuals whose permanent address is elsewhere. But it’s not just a simple “under 90 days” rule. The regulations are split into buckets:

  • Less than 30 days
  • Less than 90 days
  • 30–89 day rentals (with protections if you were operating legally before October 23, 2022)

There’s also a separate consideration for month-to-month rentals under the Hawaii landlord-tenant code, which has created some confusion in the legal landscape.

Watson Decision, Act 17, and Ordinance 25-2: What Changed?

A major shift happened after Judge Watson’s 2023 decision, which protected short-term rentals (less than 90 days) that were legally operating before October 23, 2022. Then, Act 17 (SB2919) in 2024 gave Honolulu the power to phase out STRs outside resort areas, setting the stage for Ordinance 25-2.

But here’s the catch: Ordinance 25-2 doesn’t specify a phase-out timeline for existing STRs outside resort zones. This leaves some uncertainty—legally operating rentals today could face new restrictions in the future, but the city hasn’t set the clock ticking just yet.

How Does Honolulu Compare to Maui?

Maui has taken a more direct approach, especially after the Lahaina fires and the urgent need for affordable housing. The county is weighing a 2–3 or even 5-year phase-out period for STRs in some apartment zones, giving investors a window to adjust. Oahu’s stance is less clear—so you need to be ready for possible changes but know that nothing is immediate at this time.

Legal Ambiguities: What Should Owners and Agents Do?

It’s more important than ever to exercise caution and fully disclose the risks when advising clients or considering property purchases. While short-term rentals may be legal today, Honolulu now has the power to change the rules—and could introduce future phase-outs. Until the law is clarified, legal STRs are protected, but court cases might ultimately settle some of these gray areas.

Nonconforming Use Certificates (NUCs): Still the Golden Ticket?

NUCs allow STR activity that doesn’t match current zoning, but these certificates are temporary and must be renewed. If you buy a property after October 23, 2022, you’re looking at a 90-day minimum stay unless you have a valid NUC. And remember: once a NUC lapses, it can’t be reissued.

Some buildings are covered under a “NUC parcel,” meaning the whole building is protected, but the county can still phase these out over time. This is a crucial detail for those eyeing condo investments.

What’s a Transient Occupant, and Why Does It Matter?

A transient occupant is anyone renting for less than 90 days whose permanent address isn’t the unit. If the rental falls under the landlord-tenant code and is declared as the tenant’s primary residence, they’re less likely to be considered transient. Documentation is key here—always clarify the rental’s purpose and keep thorough records.

Enforcement and Registration: No Room for Error

Honolulu’s Department of Planning and Permitting (DPP) is especially focused on cracking down on illegal rentals (less than 30 days in residential areas without a NUC), but don’t let a lack of enforcement lull you into a false sense of security. If your rental is over 30 days but not otherwise compliant, it’s not automatically legal.

All STRs must be registered, regardless of where they are. Requirements depend on whether you have a NUC, are in a resort area, or subject to building rules. The Honolulu Board of Realtors (HBR) has new resources and guides to help with registration and renewals—including the latest forms and deadlines.

Final Thoughts: Stay Informed, Stay Compliant

Honolulu’s short-term rental landscape is in flux, and the only constant is change. If you’re operating or advising on STRs, stay flexible, document everything, and rely on trusted resources. The HBR resource hub is a great place to start for the latest updates and compliance guides.

Need more guidance? Reach out with your questions—let’s navigate these regulations together and make sure your rental strategy is future-proof.