Maui Bill 9 Explained: What Owners and Buyers Must Know
This is the single most consequential thing happening in Maui real estate, and most of what people are reading about it online is already out of date. Here is where it actually stands in 2026, and what it means for you depending on which side of it you are on.
What Bill 9 is
Bill 9 is a Maui County ordinance that phases out transient vacation rental use in apartment-zoned properties on the Minatoya list. Mayor Richard Bissen signed it into law on December 15, 2025. It is law now, not a proposal, not a rumor.
The Minatoya list, in plain terms
The Minatoya list is the set of apartment-zoned condominium projects that were historically allowed to operate as vacation rentals under a long-standing legal opinion, even though apartment zoning would not otherwise permit it. Those are the units Bill 9 targets. Most sit in West Maui (Kaanapali, Honokowai, Kahana, Napili) and South Maui (Kihei).
The first question about any Maui condo you own or are considering is simply: is it on the Minatoya list? If it is not, Bill 9 does not change its status.
The deadlines that matter
West Maui: the last legal night for a transient vacation rental guest is December 31, 2028.
South Maui and the rest of the county: the last legal night is December 31, 2030.
After those dates the unit can still be owned, lived in, and rented long term. It just cannot be rented to short-term visitors.
Will it survive the lawsuits?
Several owner groups sued in early 2026. As of now, no court has issued an injunction, and the deadlines remain in effect. A proposed rezoning fix that would have exempted a large share of units was rejected by the Maui Planning Commission on an 8-1 vote in February 2026, which made a blanket rescue much less likely, though the County Council still has final say.
My advice to clients is blunt: do not bet your money on this getting reversed. Underwrite on the law as it stands and treat a reversal as upside, not as the plan.
If you own a Minatoya-list condo
Four real paths, and the right one depends on your basis, your debt, and your timeline.
Sell while short-term rental income is still legal. The income stream is a wasting asset. A buyer in 2026 is buying more remaining rental years than a buyer in 2029.
1031 exchange out into an asset without a legislated expiration date. A lot of my clients are doing exactly this. See my 1031 exchange guide for the details.
Convert to a long-term rental. Cash flow drops, but the Long-Term Rental property tax class is dramatically cheaper than the Short-Term Rental class, and there is an exemption you can apply for. Run the after-tax number before you assume it does not pencil.
Hold and use it yourself. Legitimate if it was always partly a lifestyle asset. Just do not assume the nightly income is coming back.
If you are thinking about buying one
It can still work, but only with clear eyes. On a Minatoya-list unit you are buying a defined number of remaining income years plus a long-term-rental asset after that. Prices in some West and South Maui projects have already adjusted meaningfully to reflect that. What will hurt you is paying a price that only makes sense if the rental income continues past the deadline, or assuming a lender will finance it as though the income is permanent. Appraisers and underwriters have caught up to Bill 9.
What Bill 9 does not touch
Single-family homes and Upcountry properties are not the target. Permitted short-term rental home and bed-and-breakfast permits in residential and agricultural districts run under a different framework. If your interest is a home in Haiku, Makawao, Kula, Pukalani, Wailuku, or Kahului, this ordinance is not aimed at you.
Find out where a specific unit stands
Send me an address or a TMK and I will confirm the project’s Minatoya status, its Bill 9 deadline, its current tax classification, and what units there have actually closed at since the ordinance passed. That is the difference between a smart buy and an expensive mistake.
Mick St John, REALTOR® with Compass in Haiku. (808) 281-9530 or mick@stjohnhawaii.com.
Bill 9 is under active litigation and county implementation continues to evolve. Nothing here is legal or tax advice. Verify current status with Maui County and your attorney before acting.
Related reading: 1031 Exchanges in Hawaii