Maui Bill 9, the Minatoya List, and Short-Term Rentals
Answers from Michael "Mick" St John, REALTOR® with Compass in Haiku, Maui (License RS-84410). Last reviewed July 2026. This is the most consequential thing happening in Maui real estate, and most of what buyers read about it online is out of date. Situation is evolving; confirm current status before acting.
What is Bill 9?
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.
It affects roughly 7,000 units, which is the largest short-term rental phase-out ever attempted by a U.S. jurisdiction. The stated purpose is to convert that inventory into long-term housing for Maui residents, particularly after the 2023 Lahaina fire.
What is the Minatoya list?
The Minatoya list is the set of apartment-zoned Maui condominium projects that have been permitted to operate as transient vacation rentals under a long-standing legal opinion (the "Minatoya opinion"), even though apartment zoning does not otherwise allow that use. These are the units Bill 9 targets. Most of them are in West Maui (Kaanapali, Honokowai, Kahana, Napili) and South Maui (Kihei).
If a condo is not on the Minatoya list, Bill 9 does not change its status. This is the first question to answer about any Maui condo you own or are considering.
What are the actual deadlines?
- 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, occupied, and rented long term. It just cannot be rented to short-term visitors.
Will Bill 9 actually survive? What about the lawsuits?
Multiple owner groups sued in early 2026. As of this writing, no court has issued an injunction and the deadlines remain in effect. Separately, a proposed rezoning fix that would have exempted a large share of the units was rejected by the Maui Planning Commission in February 2026 on an 8-1 vote, which made a blanket legislative rescue substantially less likely, though the County Council retains final say.
My advice to clients: do not underwrite a purchase on the assumption that this gets reversed. Underwrite on the law as it stands, and treat a reversal as upside, not as the plan.
I own a Minatoya-list condo. What are my options?
Four real paths, and the right one depends on your basis, your debt, and your timeline:
- Sell while STR income is still legal. The income stream is a wasting asset. A buyer in 2026 is buying more remaining STR years than a buyer in 2029.
- 1031 exchange out into an asset without a legislated expiration date. This is what a lot of my clients are doing. See the 1031 FAQ.
- Convert to long-term rental. Cash flow drops, but Maui County's Long-Term Rental property tax class is dramatically cheaper than the Short-Term Rental class, and there is a long-term rental exemption available. 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 pretend the income is coming back.
Should I buy a Maui vacation rental condo right now?
Only with your eyes open. If it is on the Minatoya list, you are buying a defined number of remaining income years plus a long-term-rental asset after that. That can absolutely still work at the right price, and prices in some West and South Maui projects have already adjusted meaningfully. But it has to be underwritten as what it is.
What will get you hurt: paying a price that only makes sense if STR 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.
Does Bill 9 affect single-family homes or Upcountry properties?
No. Bill 9 targets apartment-zoned Minatoya-list condos. Legally permitted Short-Term Rental Home (STRH) permits and Bed & Breakfast permits in residential and ag districts are governed under a different framework and are not what Bill 9 phases out. If you own or want a home in Haiku, Makawao, Kula, Wailuku, or Kahului, this ordinance is not aimed at you.
What happens to property taxes on these units?
Classification follows use. A unit taxed in Maui County's Short-Term Rental class pays one of the highest rates in the county. Convert it to a documented long-term rental and it can move into the Long-Term Rental class at a substantially lower rate, with an additional exemption available for qualifying long-term leases. For many owners that tax swing changes the entire hold-versus-sell math.
How do I find out if a specific condo is on the Minatoya list?
Send me the address or TMK. I will confirm the project's Minatoya status, its Bill 9 deadline, its current Maui County tax classification, and what the recent sales in that project actually closed at since the ordinance passed. That is a real analysis, not a guess, and it takes me about a day.
Bill 9 is under active litigation and the county's implementation continues to evolve. Nothing here is legal or tax advice. Verify current status with Maui County and your attorney before making a decision.