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Old 05-24-2016, 04:34 PM
 
Location: Kahala
12,120 posts, read 17,732,662 times
Reputation: 6175

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Quote:
Originally Posted by honobob View Post
Nope. You have to be legal to rent even for 30 days.
Are you talking about an illegal Ohana unit or addition on your property? You can't rent those period but people still do.
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Old 05-24-2016, 05:23 PM
 
Location: SF Bay & Diamond Head
1,776 posts, read 1,858,292 times
Reputation: 1981
Mostly Waikiki, Diamond Head and Gold Coast condos.
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Old 05-24-2016, 07:29 PM
 
1,580 posts, read 2,083,266 times
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Rentals with lease terms between 30 and 180 continuous days are legal for all Oahu properties, however, the owner needs to pay both GET (4.5% on Oahu) and TAT (9.25%) - total of 13.75% tax to the state. If this isn't being collected on top of the rent, chances are the taxes aren't being paid. This does not constitute illegal rentals per se, it only means the owners are tax cheats. Rentals with lease terms greater than 180 days is only subject to GET (4.5%).

<30 day (e.g. properties advertised as "daily" or "weekly") rentals are only legal for properties that are either grandfathered as B&Bs or TVUs (transient vacation units) or are located on land that is specifically zoned "resort/hotel". These properties are almost exclusively in Waikiki with the exception of several dozen SFHs being dotted across the island usually either on the beach or in close proximity to the beach.

It is much easier for the city to crack down on illegal short term rentals by simply looking at the zoning maps or property class designations on the city's website. If there is a rental being advertised daily or weekly, isn't located on a resort/hotel zoned piece of land and is not grandfathered, it is illegal - a fine should be issued. Someone with access to a computer could easily generate 100 fines a day using only two resources - City and County of Honolulu's Real Property Assessment website and any one of several vacation rental websites (VRBO, Airbnb, etc). I can't think of an easier plan for enforcement.

Last edited by pj737; 05-24-2016 at 07:42 PM..
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Old 05-24-2016, 08:47 PM
 
Location: Kahala
12,120 posts, read 17,732,662 times
Reputation: 6175
Quote:
Originally Posted by pj737 View Post
Rentals with lease terms between 30 and 180 continuous days are legal for all Oahu properties
all is a bit overreaching......

While you can now rent Ohana units to non-family members (Bill 20), the Ohana unit (or Accessory Dwelling Unit/ADU) must be rented for at least 6 months to be legal.

Accessory Dwelling Units Become Legal in Honolulu County | Hawaii Life
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Old 05-25-2016, 12:31 AM
 
1,580 posts, read 2,083,266 times
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Quote:
Originally Posted by whtviper1 View Post
all is a bit overreaching......

While you can now rent Ohana units to non-family members (Bill 20), the Ohana unit (or Accessory Dwelling Unit/ADU) must be rented for at least 6 months to be legal.

Accessory Dwelling Units Become Legal in Honolulu County | Hawaii Life

True, that would be the one and only exception. Since the law was adopted so recently and barely anyone actually signed up for ADU permits, there are probably zero available legit ADUs available for rent right now. That could change in the coming years but even then, the number entering the market will be minuscule.
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Old 05-27-2016, 11:54 AM
 
Location: Middle of the valley
48,278 posts, read 34,402,478 times
Reputation: 73221
In addition to the law, one needs to look at the HOA regs for that area too.
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Old 06-01-2016, 02:56 PM
 
Location: SF Bay & Diamond Head
1,776 posts, read 1,858,292 times
Reputation: 1981
http://www.bizjournals.com/pacific/n...ers-about.html
180 day minimum rental.
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Old 06-01-2016, 08:23 PM
 
1,580 posts, read 2,083,266 times
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Quote:
Originally Posted by honobob View Post
Apparently there is some confusion regarding this. According to the HCDA, any building in Kakaako built after 1982 would require minimum 180 day leases.

Rental Rules in Kakaako - new vacation rental rule
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Old 06-01-2016, 09:08 PM
 
Location: SF Bay & Diamond Head
1,776 posts, read 1,858,292 times
Reputation: 1981
Quote:
Originally Posted by pj737 View Post
Apparently there is some confusion regarding this. According to the HCDA, any building in Kakaako built after 1982 would require minimum 180 day leases.

Rental Rules in Kakaako - new vacation rental rule
Other than 1350 Ala Moana most residential buildings were built well after 1982.
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Old 06-10-2016, 03:02 AM
 
Location: Kahala
12,120 posts, read 17,732,662 times
Reputation: 6175
All over the news tonight: foreclosure against a $995/night illegal rental in Kailua. Yay.

KHNL : City seeks crackdown on illegal vacation rentals
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