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Maui Planning Commission Rejects Most Bill 9 Vacation Rental Exemptions

What just happened with Bill 9 and Maui vacation rentals?

A Lot.

On September 22, 2026, after roughly five hours of public testimony, the Maui Planning Commission voted 6 to 2 to recommend against hotel zoning changes for 43 of the 48 properties being considered. That represents a rejection of 90% of the buildings that were under consideration for rezoning.

Only five properties received favorable recommendations:

  • Hale Kaanapali: 262 units
  • Kuau Plaza: 30 units
  • Maui Schooner: 58 units
  • Hono Koa: 28 units
  • Hana Kai: 19 units

Combined, that represents roughly 397 units.

So does this mean the other properties have officially lost their ability to operate as vacation rentals?

The answer is no.

And that distinction is extremely important.

What Is Bill 9?

Bill 9 was passed by the Maui County Council in December 2025 and subsequently signed into law by Mayor Richard Bissen.

The law phases out transient vacation rental use in thousands of apartment zoned properties that have historically been allowed to operate as vacation rentals.

The current deadlines are December 31, 2028, for West Maui and December 31, 2030, for the rest of Maui County.

We are talking about roughly 7,000 units total.

Think about that number for a second.

Approximately 7,000 properties could be impacted by one piece of legislation.

This is arguably one of the most consequential changes to Maui real estate that I have seen in my more than 20 years selling property here.

But here is something buyers need to understand.

Bill 9 does not eliminate vacation rentals on Maui.

Thousands of legally operating vacation rentals in appropriate zoning classifications will remain.

The issue primarily involves these apartment zoned properties.

It’s important to remember that Bill 9 has zero impact on Maui Hotel zoned condos, which are now showing some positive gains in sales activity. Here’s a recap of some newly listed hotel zoned condos…

61 N KIHEI RD #18

61 N KIHEI RD #18
Price: $450,000
Beds: 1
Baths Total: 1
Sqft: 506
Acres: 0.61
City: Kihei
State: HI
Zip: 96753

4365 LOWER HONOAPIILANI RD #115

4365 LOWER HONOAPIILANI RD #115
Price: $599,000
Beds: 1
Baths Total: 1
Sqft: 777
Acres: 3.46
City: Lahaina
State: HI
Zip: 96761

2481 KAANAPALI PKWY #1102

2481 KAANAPALI PKWY #1102
Price: $6,200,000
Beds: 2
Baths Total: 2
Sqft: 1444
Acres: 6.67
City: Lahaina
State: HI
Zip: 96761

3445 LOWER HONOAPIILANI RD #930

3445 LOWER HONOAPIILANI RD #930
Price: $675,000
Beds: 1
Baths Total: 1
Sqft: 717
Acres: 10.1
City: Lahaina
State: HI
Zip: 96761

2575 S KIHEI RD #T-302

2575 S KIHEI RD #T-302
Price: $879,000
Beds: 2
Baths Total: 2
Sqft: 900
Acres: 8.6
City: Kihei
State: HI
Zip: 96753

4327 LOWER HONOAPIILANI RD #602B

4327 LOWER HONOAPIILANI RD #602B
Price: $465,000
Beds: 1
Baths Total: 1
Sqft: 768
Acres: 3.05
City: Lahaina
State: HI
Zip: 96761

3445 LOWER HONOAPIILANI RD #423

3445 LOWER HONOAPIILANI RD #423
Price: $1,088,000
Beds: 2
Baths Total: 2
Sqft: 964
Acres: 10.1
City: Lahaina
State: HI
Zip: 96761

3445 LOWER HONOAPIILANI RD #545

3445 LOWER HONOAPIILANI RD #545
Price: $799,000
Beds: 1
Baths Total: 1
Sqft: 717
Acres: 10.1
City: Lahaina
State: HI
Zip: 96761

4365 LOWER HONOAPIILANI RD #618

4365 LOWER HONOAPIILANI RD #618
Price: $395,000
Beds: 0
Baths Total: 1
Sqft: 431
Acres: 3.46
City: Lahaina
State: HI
Zip: 96761

130 KAI MALINA PKWY #SR547

130 KAI MALINA PKWY #SR547
Price: $2,890,000
Beds: 2
Baths Total: 2
Sqft: 1100
Acres: 39.84
City: Lahaina
State: HI
Zip: 96761

Why is this so complicated?

Because Maui real estate is complicated.

My father has been selling Maui real estate since 1984.

I have been selling it since 2003.

And one lesson I have learned over those decades is that two Maui condominiums can look almost identical to a buyer online and have dramatically different zoning, rental rights, carrying costs and potential future uses.

You cannot simply look at Airbnb activity or yesterday’s rental history and assume those rights will exist forever.

You need to understand exactly what you are buying.

Hyperlocal knowledge matters.

The Planning Commission said yes to 5 and no to the rest

aerial view of Kuau plaza located near Mama's Fish House
Kuau Plaza is one of only 5 buildings that the Planning Commission endorsed for Hotel zoning

On September 22, 2026, the Maui Planning Commission recommended hotel treatment for only five of the 48 properties under consideration.

Some significant Maui condominium communities did not receive favorable recommendations, including Kamaole Sands, Papakea, Maui Eldorado and Luana Kai.

Kamaole Sands alone contains approximately 440 units.

These are established Maui condominium communities that have participated in the island’s visitor accommodation market for decades.

But the next section is the part that Maui property owners need to understand.

This is not necessarily the final decision

The Planning Commission’s action is a recommendation.

The Maui County Council still has a role in the rezoning process.

The Council can potentially approve zoning changes that did not receive a favorable Planning Commission recommendation if the required level of Council support is obtained.

Translation?

This story is not over.

Anyone making a major financial decision based solely on the September 22 vote should understand that there are additional steps in the process.

Housing versus economic impact

This is where the conversation gets complicated.

Maui needs housing.

There is no question that housing availability and affordability are major issues facing our community.

Supporters of Bill 9 argue that returning thousands of apartment zoned units to residential use could increase Maui’s available housing inventory.

But there is another side of the equation.

A UHERO analysis estimated that eliminating 6,127 active apartment zoned vacation rentals could increase Maui’s long term housing stock by approximately 13 percent.

That same analysis projected approximately $900 million less annual visitor spending and roughly 1,900 fewer jobs.

Those are projections, they are not guarantees.

But they demonstrate the magnitude of what Maui is considering.

Housing matters.

Jobs matter.

Tourism matters.

Property rights matter.

And the economic consequences matter.

That is why this issue is not nearly as simple as some headlines make it sound.

What happens to Maui condo values?

This is probably the number one question owners are asking me right now.

What happens to my property value if I lose vacation rental rights?

Nobody knows exactly.

But we do know this.

Rental rights have value.

A condominium capable of producing significant short term rental income attracts a very different buyer pool than a condominium limited to long term residential use.

UHERO modeled potential condominium price declines of roughly 20 percent to 40 percent under scenarios involving the phaseout.

Again, that does not mean every affected Maui condo will decline 20 percent to 40 percent.

Real estate does not work that way.

Kamaole Sands is not Papakea.

Papakea is not Luana Kai.

An oceanfront two bedroom condominium is not necessarily going to react the same way as an interior one bedroom unit.

Location matters.

Views matter.

Amenities matter.

Carrying costs matter.

Replacement cost matters.

And most importantly.

The buyer pool matters.

Facts over feelings

There is an enormous amount of emotion surrounding Bill 9.

I understand it.

For one person, this is about housing.

For another, it is their retirement investment.

For someone else, it is their job.

For another family, it may be a Maui property they have owned for 30 years.

My approach?

Facts over feelings.

Data over emotions.

Watch what the Maui County Council actually does.

Watch which properties ultimately receive zoning changes.

Watch inventory.

Watch pending sales.

Watch closed sales.

Watch prices.

And watch what buyers actually do with their checkbooks.

Because ultimately, the market will tell us what these properties are worth.

What should maui property owners do now?

Do your homework.

Do not make a million dollar decision based on a Facebook post.

Do not assume the September 22, 2026 Planning Commission recommendation is the final chapter.

And do not assume every property affected by Bill 9 is going to have the same outcome.

This remains a moving target.

If you own one of these properties or you are considering buying one, understand the property’s zoning, historical use, current rental rights and where it stands in the Bill 9 and rezoning process.

I have been selling Maui real estate since 2003, and my father has been selling it here since 1984.

If there has ever been a time when hyperlocal knowledge matters in Maui real estate, this is it.

Facts over feelings.

Data over emotions.

And stay tuned.

This story is far from over.

Aloha,

Anthony Sayles R(S)

808-280-6532

Anthony@DanoSayles.com

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