After months of debate, revisions, and widespread confusion, Maui Bill 9 is now law.
On December 15, 2025, the Maui County Council passed Bill 9 on second and final reading, and Mayor Richard Bissen signed it into law the same day. The measure is now codified as Ordinance No. 5909, making it the legally controlling document governing the future of thousands of short-term rentals across the island.
The ordinance sets in motion a multi-year phase-out of apartment-zoned short-term rentals, including long-standing Minatoya-listed units, marking one of the most significant zoning reversals affecting short-term rentals in the U.S.
What follows is a clear explanation of what the law actually does, what has changed, what hasn’t, and why this matters far beyond Maui.
Executive summary
- Bill 9 is now law, adopted as Ordinance No. 5909
- It phases out apartment-zoned transient vacation rentals (TVRs), including Minatoya-listed units
- The phase-out happens through staggered amortization periods:
- West Maui: STR use must cease by January 1, 2029
- All other areas: STR use must cease by January 1, 2031
- There is no opt-out, renewal, or grandfathering beyond those dates
- Hotel- and resort-zoned properties are not affected
- Rezoning pathways and legal challenges may reshape outcomes, but do not change the law as written
What Bill 9 actually does
At its core, Bill 9 amends Maui County’s zoning code to restore apartment districts to long-term residential use.
Ordinance No. 5909:
- Amends multiple sections of Title 19 of the Maui County Code
- Removes transient vacation rentals as a permitted or protected use in A-1 and A-2 apartment districts
- Establishes explicit amortization timelines to terminate previously lawful short-term rental uses
- Prevents TVRs in apartment districts from continuing as nonconforming uses beyond the phase-out period
This is not a registration change or a platform policy shift, but a zoning decision with permanent land-use consequences.
The Minatoya List, explained
For decades, thousands of condo units in Maui operated legally as short-term rentals despite being located in apartment-zoned districts. These units were protected under a grandfathered nonconforming-use framework commonly known as the Minatoya List, based on a 2001 county legal interpretation.
Bill 9 explicitly ends that protection.
The County’s position is now clear:
- Apartment zoning is intended for long-term residential housing
- Historic exceptions allowing visitor use are no longer compatible with current housing needs
- Long-standing legality does not guarantee permanent use
In effect, Maui has decided that legacy tolerance has run its course.
TVRs are no longer a permitted use in apartment districts
Once the amortization periods expire:
- Apartment-zoned TVRs become illegal
- Nonconforming-use protections no longer apply
- Continued short-term rental operation in these districts is prohibited
This is a zoning-based phase-out, not a blanket ban on short-term rentals. TVRs remain legal in:
- Hotel districts
- Resort zoning
- Other areas where visitor accommodation is expressly permitted
The amortization periods (this is the binding timeline)
Ordinance No. 5909 establishes staggered amortization periods by geography, which is where much of the earlier confusion originated.
The final, legally controlling deadlines are:
West Maui
- Amortization ends: December 31, 2028
- STR use must cease: January 1, 2029
All other areas of Maui County
- Amortization ends: December 31, 2030
- STR use must cease: January 1, 2031
These dates are written directly into the ordinance and supersede all earlier drafts, summaries, or speculative timelines.
No opt-out, no voluntary conversion track
Earlier Maui regulations allowed TVR owners to voluntarily convert their properties to long-term use through recorded declarations, preserving flexibility.
Bill 9 repeals that mechanism entirely.
There is:
- No renewal option
- No opt-out
- No pathway to preserve apartment-zoned STR use beyond the amortization deadlines
The shift is explicit: this is a mandatory phase-out, not an incentive-based transition.
What didn’t change
Despite the scale of the policy shift, Bill 9 does not eliminate short-term rentals countywide.
- Hotel- and resort-zoned STRs remain unaffected
- Bed & Breakfast Homes and Short-Term Rental Homes under separate chapters still exist
- Thousands of visitor units will continue operating across Maui
The ordinance reallocates where short-term rentals can exist. It does not end visitor accommodation.
Economic and political context
County officials advanced Bill 9 despite acknowledging significant trade-offs.
Public testimony and county analysis highlighted risks including:
- Reduced visitor accommodation capacity
- Potential revenue declines
- Impacts on property values and tourism-related employment
Nevertheless, the Council proceeded, citing:
- A severe housing shortage
- Post-wildfire displacement
- A need to realign zoning with residential intent
This reflects a broader trend in high-pressure markets: housing policy is increasingly outweighing tourism economics.
Legal challenges are already underway
Multiple lawsuits have been filed challenging Bill 9 on constitutional and property-rights grounds.
As of now:
- Ordinance No. 5909 remains in force
- No injunction has been granted
- The amortization clock is running
The ordinance was clearly drafted with litigation in mind, relying on state-authorized amortization powers rather than immediate prohibitions.
Rezoning: the unresolved pressure valve
Alongside Bill 9, Maui officials have discussed creating new H-3 and H-4 hotel zoning districts, which could allow some apartment-zoned units in core visitor areas to transition into hotel zoning.
As of now:
- No rezoning ordinance has been adopted
- Council discussions remain ongoing
- Thousands of units remain in regulatory limbo
Rezoning may mitigate the impact of Bill 9, but it does not alter the ordinance as written.
Why this matters beyond Maui
Legal today does not mean safe tomorrow
Maui’s approach sends a clear message to operators everywhere:
- Grandfathered rights are not permanent
- Zoning risk extends beyond platform compliance
- Long-standing legality can be unwound through political and legal processes
Enforcement clarity is coming
By eliminating opt-outs and exemptions, Maui has created:
- Clear zoning rules
- Defined deadlines
- Predictable enforcement outcomes
This model is likely to be studied, and replicated, in other high-pressure markets.
Uvika Wahi is the Editor at RSU by PriceLabs, where she leads news coverage and analysis for professional short-term rental managers. She writes on Airbnb, Booking.com, Vrbo, regulations, and industry trends, helping managers make informed business decisions. Uvika also presents at global industry events such as SCALE, VITUR, and Direct Booking Success Summit.
