Bill 9, currently being deliberated by the Maui Council proposes to end all Transient Vacation Rental (TVR) use in Apartment Districts throughout Maui County, including for properties that were previously grandfathered in under prior ordinances. The bill responds to the worsening housing crisis, exacerbated by the August 2023 wildfires, and seeks to restore apartment zones to their original purpose—long-term residential use.
“Hotel/Resort”
<MAP>Since the Royal Mauian is hotel/resort-zoned building, owners are largely insulated from Bill 9’s phase-out of apartment-zone TVRs, and may benefit from increased demand and pricing. However, broader economic effects—tourism contraction, tax hikes, and fees—could offset some gains.
1980: Ordinance 1134 Introduced Maui County Code Title 19.37, officially defining Transient Vacation Rentals (TVRs) and permitting them in Apartment (A-1/A-2) and Hotel zoning districts
1989: Section 11 carved out an exception for pre-existing units in apartment buildings developed before April 20, 1989, later known as the “Minatoya List”.
1991: Zoning code amended to ban rentals under 180 days in apartment zones, but exceptions persisted for those already operating as TVRs, maintaining the carve-out for pre-1989 units.
2001: Deputy Coporation Counsel Minatoya issued legal memo (the “Minatoya Opinion”) confirming that any apartment-zoned unit with proper permits before April 20, 1989, retained vested rights to operate as a TVR indefinitely.
2014: Ordinance 4167 codified this exception into zoning code (Ch. 19.12.020.G), making these pre-1989 TVRs a conforming use, not just non-conforming.
2021: Ordinance 5300 updated Chapters 19.64 and 19.65 to better regulate B&B and Short-Term Rental Home (STRH) permits, primarily for single-family home zones.
2022-2025: