When deciding whether to become an Airbnb host, it is important for you to understand the laws in your county. As a platform and marketplace we do not provide legal advice, but we want to give you some useful links that may help you better understand laws and regulations in Maui County. This list is not exhaustive, but it should give you a good start in understanding your local laws. If you have questions, contact the Maui Planning Department or other city agencies directly, or consult a local lawyer or tax professional.
The Maui County Code. Title 19 of the Maui County Code governs most land use in Maui. You should consult this to see if your listing is consistent with current zoning requirements or use definitions. Maui also provides helpful information on its website, which you can access here. Important terms include “accessory dwelling,” “bed and breakfast home,” “dwelling unit,” “guest,” “hotel,” “short-term rental home,” “transient,” and “transient vacation rental or use.”
Short-Term Rental Permits. Depending on the kind of listing you offer and the location of your listing, you may be required to apply for a permit. You should consult the County Code and the County’s short term rental website to determine what permit you need, if any.
Building and Housing Standards. Maui has rules and regulations specifying minimum construction, design, and maintenance standards for buildings, including regulations on habitability, health, and safety. Certain regulations applicable to residential and non-residential uses may be relevant to your listing, including Title 16 of the County Code.
Business License. Maui requires some business owners and operators to obtain a license, including hotels. You should contact the Maui Department of Finance to see if you need a license for your listing. Hawaii’s Reporting Requirement. Owners and operators of listings are required by state law to report certain information about their listing, including the name of a local contact in the case of owners who do not live in Hawaii. Please review the law for more information. A summary can be found here.
Transient Accommodations Tax. The State of Hawaii assesses transient accommodations taxes on the furnishing of a room, apartment, suite, or similar structure, to transients for stays of less than 180 days. More information about the transient accommodations tax is available in the State's tax code.
Hawaii’s Tax ID, Contact Information, and Reporting Requirements. Owners and operators of listings are required by state law to report certain information about their listing and obtain a Certificate of Registration from the Hawaii Department of Taxation. The law also requires hosts to post the tax ID on their listing. You may include your short-term rental permit number on your listing by going to Manage Listing > Calendar and More > Detailed Description. In the "Other Things to Note" field, type in your permit number following the acceptable permit format for Hawaii. The format is: Wxxxxxxxx-xx. An example would be: W12345678-01
Local contact information must be provided to each guest prior to the start of the reservation. Airbnb does not allow this information to be included on listings, but the host may share it via the message thread after a booking request has been confirmed.
Other Rules. It's also important to understand and abide by other contracts or rules that bind you, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable.
We are committed to working with local officials to help them understand how Airbnb benefits our community. Where needed, we will continue to advocate for changes that will allow regular people to rent out their own homes.
Last updated: May 16, 2016