Short-Term Rental Regulation in Kihei, HI

Kihei, a charming town located on the southwestern shore of Maui, is known for its beautiful beaches, vibrant community, and picturesque scenery. This coastal town attracts numerous tourists each year, many of whom opt for short-term rentals like Airbnb for their stay.

However, like many popular tourist destinations, Kihei has implemented regulations to manage the impact of these rentals on the local community and housing market. In this blog post, we’ll explore the current regulations surrounding short-term rentals in Kihei, Hawaii, and provide valuable resources for potential Airbnb hosts and guests.

Overview of Short-Term Rental Regulations in Kihei

Definition and Permits

In Kihei, short-term rentals (STRs) are defined as rental properties that are rented out for less than 180 days. These properties can range from single-family homes to condominiums and apartments. To legally operate an Airbnb in Kihei, property owners must obtain a Short-Term Rental Home (STRH) permit from the County of Maui. This permit ensures that the property complies with zoning laws and other local regulations.

Zoning Requirements

Kihei’s zoning laws play a crucial role in determining where short-term rentals are permitted. STRs are generally allowed in areas zoned for hotel use, but restrictions apply in residential neighborhoods. For example, properties in the Residential and Apartment zoning districts have more stringent requirements and may face more challenges in obtaining permits. It is essential for property owners to check the specific zoning of their property before applying for an STRH permit.

Application Process

The application process for a Short-Term Rental Home permit involves several steps:

1. Initial Application: Property owners must submit a detailed application form to the Maui County Planning Department. This form includes information about the property, the owner, and the proposed rental operation.
2. Neighbor Notification: Applicants are required to notify neighbors within a 500-foot radius of the property about their intent to operate an STR. This notification allows neighbors to voice any concerns or objections.
3. Inspection: The property must undergo an inspection to ensure it meets health and safety standards. This includes checking for adequate parking, smoke detectors, and other safety measures.
4. Public Hearing: In some cases, a public hearing may be required if there are significant objections from neighbors or if the property is in a sensitive area.

Operational Requirements

Once a permit is obtained, Airbnb hosts in Kihei must adhere to several operational requirements:

• Occupancy Limits: The number of guests allowed in an STR is typically limited based on the property’s size and number of bedrooms.
• Parking: Adequate off-street parking must be provided for guests.
• Noise and Nuisance: Hosts must ensure that their guests do not create excessive noise or disturbances that could affect the neighborhood’s peace and tranquility.
• Tax Collection: Hosts are responsible for collecting and remitting the Transient Accommodations Tax (TAT) and General Excise Tax (GET) to the State of Hawaii.

Enforcement and Penalties

The County of Maui actively enforces short-term rental regulations to ensure compliance. Unauthorized STRs or those found violating permit conditions can face significant penalties, including fines and the revocation of their permit. Regular inspections and neighbor complaints are common methods of enforcement.

Resources for Hosts and Guests

For those interested in operating or staying in an Airbnb in Kihei, several resources are available to help navigate the regulations:

• Maui County Planning Department: The primary resource for information on STR permits, zoning requirements, and application procedures. Their website provides detailed guides and contact information for further assistance. Maui County Planning Department
• Hawaii State Department of Taxation: Information on the Transient Accommodations Tax (TAT) and General Excise Tax (GET), including how to register and remit these taxes. Hawaii State Department of Taxation
• Airbnb Community Standards: Airbnb provides guidelines for hosts to ensure they meet local regulations and provide a positive experience for guests. Airbnb Community Standards
• Legal Assistance: Consulting with a local attorney who specializes in real estate and short-term rental regulations can provide valuable insights and help ensure compliance.

Conclusion

Operating a short-term rental in Kihei, Hawaii, can be a rewarding venture, but it requires careful attention to local regulations and compliance with various requirements. By understanding the permitting process, zoning laws, and operational guidelines, Airbnb hosts can provide a legal and enjoyable experience for their guests while contributing positively to the local community. Utilizing available resources and staying informed about any changes in regulations will help ensure a smooth and successful short-term rental operation in this beautiful Hawaiian town.