Maui Short-Term Rental Law

KBM Resorts is not a law firm and does not provide legal, tax, or investment advice. This page is general information about Maui County short-term rental rules only; other Hawai’i counties regulate short-term rentals differently. Reading this page creates no attorney-client relationship. Maui County’s short-term rental regulations have changed significantly since late 2025. This FAQ summarizes key facts about Ordinance 5909 (‘Bill 9’) and related county measures for guests and property owners. KBM Resorts manages vacation rental properties in Maui County, including properties in areas affected by these rules. Information on this page is current only as of the verification date shown, and KBM undertakes no obligation to update it. Do not rely on this page in buying, selling, financing, or operating any property — consult Maui County directly and a licensed Hawai’i attorney. Last verified: August 22, 2026.

Ordinance No. 5909, commonly known as ‘Bill 9,’ is a Maui County law signed by Mayor Richard Bissen on December 15, 2025, after passing the County Council by a 5-3 vote. It phases out short-term/transient vacation rental use in a defined group of apartment-zoned buildings in Maui County known as the ‘Minatoya List.’ The County cites Act 17, Session Laws of Hawai’i 2024 — which amended HRS section 46-4(a) and was signed by Governor Josh Green in May 2024 — as authorizing counties to phase out transient accommodations through zoning regulation. The scope of that authority as applied to these buildings is among the issues raised in the pending litigation described below.

The Minatoya List refers to a specific group of buildings in Maui County’s A-1 and A-2 apartment zoning districts (Maui County Code chapter 19.12) that the County has treated as permitted for transient vacation rental use under pre-existing ordinances and permits, including Ordinance 1797 (1989) and related county code sections. Ordinance 5909 applies specifically to short-term rental use in these buildings.

Ordinance 5909 is an amortization law, not an immediate ban — it phases out existing use over time rather than ending it right away. Per the ordinance text, short-term rental use in affected buildings ‘will no longer be legally permitted... and must cease on’ January 1, 2029, for buildings in the West Maui community plan area, and January 1, 2031, for buildings in all remaining areas of the county. Read plainly, that makes December 31, 2028 (West Maui) and December 31, 2030 (all other areas) the last days of permitted use in the respective areas under the ordinance.

Not under Ordinance 5909, which has not yet reached either of its cease dates. By its terms, the ordinance does not require any covered use to cease before January 1, 2029 (West Maui) or January 1, 2031 (all remaining areas). Ordinance 5909 is only one of the rules that govern a given property: whether any particular unit may operate as a short-term rental also depends on that property’s own permits and registrations, its state tax licensing, and its condominium or association governing documents. This FAQ does not state or verify the compliance status of any property.

Yes, in part. Per Maui County Code section 19.12.070(C), ‘validly existing time share units, uses permitted and operating within the terms of a variance, and uses otherwise permitted by law are exempt from this section.’ Separately, by its terms Ordinance 5909 addresses short-term rental use in the Minatoya List apartment-zoned buildings described above; it does not by its terms reach hotel-zoned properties, licensed bed-and-breakfast homes (MCC chapter 19.64), short-term rental homes permitted under MCC chapter 19.65, or transient vacation rentals operating under a conditional permit (MCC chapter 19.40). Whether a specific property qualifies for an exemption is a determination that should be made with Maui County or a licensed attorney, not from this general FAQ.

Two lawsuits challenging Ordinance 5909 were filed in the Hawai’i Second Circuit Court in December 2025: Malter v. Maui County (Case No. 2CCV-25-0003778, filed December 19, 2025) and Lynam v. County of Maui (Case No. 2CCV-25-0003780, filed December 22, 2025, a proposed class action). Both cases allege, among other claims, that the ordinance effects an unconstitutional taking of property. KBM has not reviewed the court dockets in these cases and does not monitor them. Based on publicly reported information as of the verification date above, KBM is not aware of any court order that has blocked, stayed, or enjoined Ordinance 5909 — but KBM cannot confirm the current procedural status of either case, this page is not updated in real time, and KBM undertakes no obligation to update it. For current status, search the case numbers on the Hawai’i State Judiciary’s eCourt Kokua public records system or consult a licensed Hawai’i attorney.

Bill 88, now Ordinance 6008, passed the Maui County Council by a 7-2 vote in June 2026. It creates two new optional hotel zoning districts, H-3 and H-4, that individual Minatoya List buildings can apply to rezone into as an alternative to phasing out short-term rental use. Rezoning under Ordinance 6008 is opt-in and decided building-by-building. By its terms, Ordinance 6008 does not repeal or extend the deadlines set by Ordinance 5909. Rezoning is a County land-use decision. KBM does not control whether any building applies for or receives H-3 or H-4 rezoning, does not verify or monitor the current status of any building’s application, and makes no representation about the likelihood of any particular rezoning being approved. Based on Council records reviewed as of this page’s verification date, some buildings’ rezoning resolutions had passed the Council while others remained pending committee review, so this remains an active, partially unresolved process.

The full, signed text of Ordinance No. 5909 is available directly from Maui County: [Ordinance No. 5909](https://www.mauicounty.gov/DocumentCenter/View/157039/Ord-5909) (if that link has moved, search ‘Ordinance 5909’ on mauicounty.gov). We encourage owners and guests to review the primary source rather than relying solely on summaries, including this one.

The earliest cease date under Ordinance 5909 is January 1, 2029, and by its terms the ordinance does not require any covered use to cease before that date. If the regulatory status of a specific property ever affected a confirmed reservation, KBM Resorts would contact the affected guest directly. Any change, relocation, or cancellation of a reservation is governed by the terms and conditions of that reservation, not by this page. For a question about a specific upcoming stay, please contact our reservations team rather than relying on this general FAQ.

This page is provided as general information only and is not legal advice. Maui’s short-term rental regulations are complex, actively litigated, and subject to change. For guidance on how Ordinance 5909, Ordinance 6008, or related county rules apply to a specific property, consult Maui County’s official planning and zoning resources directly or speak with a licensed Hawai’i attorney. KBM Resorts is not a law firm and does not provide legal, tax, or investment advice; reading this page creates no attorney-client relationship. Do not rely on this page in buying, selling, financing, or operating any property.