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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.
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 monthsto be legal.
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 monthsto be legal.
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.
In addition to the law, one needs to look at the HOA regs for that area too.
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Apparently there is some confusion regarding this. According to the HCDA, any building in Kakaako built after 1982 would require minimum 180 day leases.
Apparently there is some confusion regarding this. According to the HCDA, any building in Kakaako built after 1982 would require minimum 180 day leases.
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