New STR Law in Honolulu

New STR Law in Honolulu

Isi NauPro Member
Real Estate Broker · Mililani, HI · Member since 2016 · 217 posts · 253 votes

Honolulu recently passed a bill that gives some pretty intimidating enforcement teeth to an existing law, which takes effect Aug. 1st.  The existing law states that STRs are only allowed in Resort zones or if the unit has a non-conforming certificate.  So what's changed?  A new law now allows enforcement officers to use online listings/ads as sufficient evidence to fine owners.

It is estimated that there are 8,000 illegal STRs on Oahu.  A drop in the bucket if evenly disbursed across the island, but they aren't.  For example, nearly 25% of all North Shore properties were illegally rented at one time or another.  No exact number is known now.  Then there is Waikiki.  Some buildings, like Waikiki Banyan, have half their units being illegally rented.  For those renting a room, no big deal.  For those renting an entire dwelling (which is the case for 93% of STRs), this will be a big financial hit.

Typically, a unit rented as a STR can generate 3.5 times as much income compared to it being rented as a long term rental. In other words, STR owners may see a 70% drop in rental income as they convert to long term renting. That's a big hit for owners to absorb and still hang on to the property.

Here's some interesting figures from July.

Banyan, new listings

Currently there are 12 active listings, 7 came on the market in the last 30 days (since the new law was passed). So about half came on the market once the paw passed.  Also, the Banyan typically sees 1-2 new listing a month.  July saw 7.

Waikiki, new listings

Currently there are 627 active listings (condos), 165 came on the market in the last 30 days. In previous months there are about 120 new listings per month. So that's a 30% increase in new listing for the month of July.

Banyan, prices

Most of the current listings are listed close to the median sale price for the building. So we aren't seeing too much desperation to sell, but that may change as/if they sit on the market for a while.

Waikiki, in escrow

In the last 30 days, 36 condos ($400k+) went into escrow (since the law was passed). Only a few of those units had a NCU. Apparently buyers are willing to go under contract even in light of the law. Typically there are about 40 condos that sell in Waikiki each month. So July is on track with previous months, which is good. We haven't seen a big drop in offers.

I don't see how this new law couldn't place downward pressure on prices in certain areas.  It's a little too early to tell.  I'm sure we'll see more shifting after Aug 1.

Major players in the STR property management sphere have begun shutting their doors or shifting their business model away from STRs. They have begun sending letters to their clients informing them of their operational changes.

What are you seeing on Oahu?

Any hints of this type of law coming to Maui or Kauai? Maui has an estimated 9,000 STR units, and only 200 are legal! Kauai is estimated to have 1 in 10 housing units being rented as STRs.

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New York City, NY · Member since 2016 · 470 posts · 348 votes
7y
Originally posted by @John Underwood:
Originally posted by @Eric P.:
Originally posted by @John Underwood:

This is very bad for VR owners that have properties in Honolulu.

Laws across the country are getting more restrictive against VR properties. You never hear of some law being passed that is pro VR.

I believe it is important not to have only VR properties and not have them all in the same place.

If you do have them all in one area and this is all of your investment income, a simple law change can sink you and depress market prices as everyone rushes to dump their properties on the market.

You can never predict when laws might get tougher on VRs and the hotel industry puts more pressure on these properties due to the income they are losing. 

I don't think the solution is to avoid having all your STRs in one place - I think the solution is only to have STRs in places that have supported them for the last 100+ years, such as Pigeon Forge, Outer Banks, Big Bear, Tahoe, etc. No one's itching to make STR illegal in Pigeon Forge for example bc the entire market is STR & has been for 100 years!

Just because something has been allowed for 100 years does not mean it can't change.

I'm sure it was allowed in Honolulu 100 years before it wasn't. Anyone with all their eggs in the Honolulu basket is feeling the pain now.

The areas that you mention may not change for another 100 years but you just can't know for sure.

To clarify, here's what I meant: STR has 2 main enemies:

1) hotels bc we are their competition

2) LTR renters bc we shrink their supply of housing which increases their rental rates

If you invest in places like Pigeon Forge or Outer Banks that don't really have many hotels & don't have many LTR renters, you should be relatively safe bc there's no one battling you. These are places that have been STR-friendly for 100 years & should continue to be bc they're literally built based on people wanting to rent a cabin in the woods / house on the beach / etc.

The same cannot be said for Nashville, Austin, Honolulu, etc

See this reply in the discussion

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    7y

    This is very bad for VR owners that have properties in Honolulu.

    Laws across the country are getting more restrictive against VR properties. You never hear of some law being passed that is pro VR.

    I believe it is important not to have only VR properties and not have them all in the same place.

    If you do have them all in one area and this is all of your investment income, a simple law change can sink you and depress market prices as everyone rushes to dump their properties on the market.

    You can never predict when laws might get tougher on VRs and the hotel industry puts more pressure on these properties due to the income they are losing. 

  • New York City, NY · Member since 2016 · 470 posts · 348 votes
    7y
    Originally posted by @John Underwood:

    This is very bad for VR owners that have properties in Honolulu.

    Laws across the country are getting more restrictive against VR properties. You never hear of some law being passed that is pro VR.

    I believe it is important not to have only VR properties and not have them all in the same place.

    If you do have them all in one area and this is all of your investment income, a simple law change can sink you and depress market prices as everyone rushes to dump their properties on the market.

    You can never predict when laws might get tougher on VRs and the hotel industry puts more pressure on these properties due to the income they are losing. 

    I don't think the solution is to avoid having all your STRs in one place - I think the solution is only to have STRs in places that have supported them for the last 100+ years, such as Pigeon Forge, Outer Banks, Big Bear, Tahoe, etc. No one's itching to make STR illegal in Pigeon Forge for example bc the entire market is STR & has been for 100 years!

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    7y
    Originally posted by @Eric P.:
    Originally posted by @John Underwood:

    This is very bad for VR owners that have properties in Honolulu.

    Laws across the country are getting more restrictive against VR properties. You never hear of some law being passed that is pro VR.

    I believe it is important not to have only VR properties and not have them all in the same place.

    If you do have them all in one area and this is all of your investment income, a simple law change can sink you and depress market prices as everyone rushes to dump their properties on the market.

    You can never predict when laws might get tougher on VRs and the hotel industry puts more pressure on these properties due to the income they are losing. 

    I don't think the solution is to avoid having all your STRs in one place - I think the solution is only to have STRs in places that have supported them for the last 100+ years, such as Pigeon Forge, Outer Banks, Big Bear, Tahoe, etc. No one's itching to make STR illegal in Pigeon Forge for example bc the entire market is STR & has been for 100 years!

    Just because something has been allowed for 100 years does not mean it can't change.

    I'm sure it was allowed in Honolulu 100 years before it wasn't. Anyone with all their eggs in the Honolulu basket is feeling the pain now.

    The areas that you mention may not change for another 100 years but you just can't know for sure.

  • New York City, NY · Member since 2016 · 470 posts · 348 votes
    7y
    Originally posted by @John Underwood:
    Originally posted by @Eric P.:
    Originally posted by @John Underwood:

    This is very bad for VR owners that have properties in Honolulu.

    Laws across the country are getting more restrictive against VR properties. You never hear of some law being passed that is pro VR.

    I believe it is important not to have only VR properties and not have them all in the same place.

    If you do have them all in one area and this is all of your investment income, a simple law change can sink you and depress market prices as everyone rushes to dump their properties on the market.

    You can never predict when laws might get tougher on VRs and the hotel industry puts more pressure on these properties due to the income they are losing. 

    I don't think the solution is to avoid having all your STRs in one place - I think the solution is only to have STRs in places that have supported them for the last 100+ years, such as Pigeon Forge, Outer Banks, Big Bear, Tahoe, etc. No one's itching to make STR illegal in Pigeon Forge for example bc the entire market is STR & has been for 100 years!

    Just because something has been allowed for 100 years does not mean it can't change.

    I'm sure it was allowed in Honolulu 100 years before it wasn't. Anyone with all their eggs in the Honolulu basket is feeling the pain now.

    The areas that you mention may not change for another 100 years but you just can't know for sure.

    To clarify, here's what I meant: STR has 2 main enemies:

    1) hotels bc we are their competition

    2) LTR renters bc we shrink their supply of housing which increases their rental rates

    If you invest in places like Pigeon Forge or Outer Banks that don't really have many hotels & don't have many LTR renters, you should be relatively safe bc there's no one battling you. These are places that have been STR-friendly for 100 years & should continue to be bc they're literally built based on people wanting to rent a cabin in the woods / house on the beach / etc.

    The same cannot be said for Nashville, Austin, Honolulu, etc

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    7y
    Originally posted by @Eric P.:
    Originally posted by @John Underwood:
    Originally posted by @Eric P.:
    Originally posted by @John Underwood:

    This is very bad for VR owners that have properties in Honolulu.

    Laws across the country are getting more restrictive against VR properties. You never hear of some law being passed that is pro VR.

    I believe it is important not to have only VR properties and not have them all in the same place.

    If you do have them all in one area and this is all of your investment income, a simple law change can sink you and depress market prices as everyone rushes to dump their properties on the market.

    You can never predict when laws might get tougher on VRs and the hotel industry puts more pressure on these properties due to the income they are losing. 

    I don't think the solution is to avoid having all your STRs in one place - I think the solution is only to have STRs in places that have supported them for the last 100+ years, such as Pigeon Forge, Outer Banks, Big Bear, Tahoe, etc. No one's itching to make STR illegal in Pigeon Forge for example bc the entire market is STR & has been for 100 years!

    Just because something has been allowed for 100 years does not mean it can't change.

    I'm sure it was allowed in Honolulu 100 years before it wasn't. Anyone with all their eggs in the Honolulu basket is feeling the pain now.

    The areas that you mention may not change for another 100 years but you just can't know for sure.

    To clarify, here's what I meant: STR has 2 main enemies:

    1) hotels bc we are their competition

    2) LTR renters bc we shrink their supply of housing which increases their rental rates

    If you invest in places like Pigeon Forge or Outer Banks that don't really have many hotels & don't have many LTR renters, you should be relatively safe bc there's no one battling you. These are places that have been STR-friendly for 100 years & should continue to be bc they're literally built based on people wanting to rent a cabin in the woods / house on the beach / etc.

    The same cannot be said for Nashville, Austin, Honolulu, etc

    I agree with that.

    That is why I feel my Lake house in a rural setting is pretty safe also.

  • Member since 2018 · 110 posts · 109 votes
    7y

    I expect new regulations being passed across the country that go against STRs. I can see the point of making the new regulations. Hotel companies aren't going to just sit back and let STRs take over their businesses. 

    What I can see happening in the future is hotel brands start to buy homes and rent them out in regulated zones. 

  • Cliff H.Pro Member
    Rental Property Investor · Nashua, NH · Member since 2014 · 587 posts · 477 votes
    7y

    @Isi Nau having just stayed in an Airbnb outside 10m from Waikiki as a guest I’d suggest some of these STRs *should* be shut down: limited egress, blatantly illegal parking that caused $1500 in damage to a rental car, and a race to the bottom in furnishing and services.

    That’s atop the already complicit role Airbnb continues to play in protecting illegal subletting.

    There's a place for STR in any area, but the overcrowding of O'ahu atop the high kind of concentration of STRs in small areas can rapidly turn tourist cities into a dark, transient, ghost town if left entirely unchecked.

    AirBnB has shown zero interest (financially or culturally) to work with municipalities threatening to limit its profits, as much as it continues to preach about cultural connection and connecting across borders.

    Are you seeing other communities who’ve found a more moderate middle ground?

  • Investor · Honolulu, HI · Member since 2017 · 45 posts · 20 votes
    7y

    @Isi Nau

    Waikiki Banyan is located in Waikiki, in a resort zoned area—I don’t think the new law applies to waikiki, because it is a resort area. Please correct me if I’m wrong, but I didn’t think that the new law applies to waikiki. Also going back from when it was built, waikiki banyan, waikiki sunset and a significant number of the other condos in Waikiki have openly had the condo/hotel operations from the time they were built.

    I believe the law applies to the thousands of illegal vacation rentals all over the island in residential areas—just a quick look through Airbnb showed quite a few in my neighborhood just a couple of miles from waikiki, these are the rentals the new law is targeting. And those have been illegal all these years, so I was surprised to see those advertised on Airbnb—though that may now quickly change.

  • Isi NauPro Member
    OP
    Real Estate Broker · Mililani, HI · Member since 2016 · 217 posts · 253 votes
    7y

    Hi @Joni Chin!

    Thanks for the post.  The majority of Waikiki is Resort zoned.  Unfortunately some pockets, like where the Banyan is located, is actually zoned Apartment (X2).  These are the ones in Waikiki that will be hit.

    Word on the street is that the lawyers for the Banyan (and possibly other buildings) will be meeting with the DPP very soon to seek a variance for the entire building.  If that falls through, I believe we'll see a wave of new listings.

    You are correct that the Banyan and other buildings have openly advertised STRs in their building for decades.  That's the crazy part about it.  So many have openly advertised in spite of being illegal, and no one (or the DPP) ever did anything about it.  I guess it was seen as a necessary evil in meeting the visitor demand.

    But with a 30% increase in STR listings in the last 18 months (state wide), it is pretty hard to ignore now.

  • Isi NauPro Member
    OP
    Real Estate Broker · Mililani, HI · Member since 2016 · 217 posts · 253 votes
    7y

    Just a quick update.

    Last week the lawyers for the Banyan, Sunset, and other AOAOs met with the DPP to discuss and request a variance for their buildings.  The DPP did not budge!

    On Aug 1 and 2, lawsuits were filed by the Banyan and also the Hawaii Vacation Rental Association.  It is likely others will file as well.

    If the law remains unchanged, the value of properties with NCUs will increase substantially.  Possibly by several hundred thousand dollars.

  • Honolulu, HI · Member since 2017 · 231 posts · 191 votes
    7y

    @Isi Nau

    Do you have a list of buildings in Waikiki that fall outside of the resort zoning?

  • Isi NauPro Member
    OP
    Real Estate Broker · Mililani, HI · Member since 2016 · 217 posts · 253 votes
    7y

    @Kiley N. sorry for the late reply!  I don't have a list for Waikiki approved, but I have a map.  I'll add it here, but not sure how clear it will be.  I can email it to you if you need.  The large majority are South of Kuhio Ave and around Hilton Hawaiian Village.

    loha!

  • Honolulu, HI · Member since 2017 · 231 posts · 191 votes
    7y

    @Isi Nau

    Very helpful, mahalo sir!

  • Rental Property Investor · Oceanside, CA · Member since 2017 · 3 posts · 2 votes
    7y

    How does this affect the condos at turtle bay and their efficacy as an STR? I would think it qualifies as a resort area but is not directly connected to the resort itself. Thank you.

  • Isi NauPro Member
    OP
    Real Estate Broker · Mililani, HI · Member since 2016 · 217 posts · 253 votes
    7y

    Hi @Luke Noll  There are quite a few areas in Hawaii that have operated (illegally) as resorts/STRs for decades and because there was no enforcement most people assumed they were legal, including the owners themselves..  Here is a map of the Resort zones at Turtle Bay.  Hope this helps.

  • Member since 2019 · 2 posts · 0 votes
    7y

    Do you guys believe that the new law might increase properties available for purchase in The Honolulu market? Also with the increased supply could property values decrease due to increased inventory.If the estimates are true and there are over 7k estimated illegal rentals do you guys think there might be an exodus of VR investors in the coming years

  • Isi NauPro Member
    OP
    Real Estate Broker · Mililani, HI · Member since 2016 · 217 posts · 253 votes
    7y

    Hey @Robert Baltazar.  We are seeing a noticeable increase in new listings in specific buildings.  For example the Banyan has 18 listings, 12 came on the market since July 1.  The Sunset has 12 listings, 9 came on the market in the last 30 days.  I think this is the only wave of units we'll see hitting the market in large numbers.

    I don't anticipate the law change leading to a noticeable effect on the market island-wide, or on specific buildings, that were heavy on STRs.  As for Waikiki overall, I don't think we'll see much impact on prices since a lot of buildings not zoned for STRs weren't allowing them to begin with.  So prices in those buildings will stay unchanged.  We may see price shifts in the buildings with a lot of illegal STRs, but even then the only price depreciation would be for the units without a NCU.  Those with a NCU will increase in value.

    If we see a price decrease, I think it will be in a small sector of the market; Waikiki condos, in non-Resort zoned areas, without a NCU.

    But not all such condos will be hitting the market.  For example we have clients that own these types of units.  These clients are financially secure and will try their luck at the 30-day rental market.  Even if the numbers end up being mediocre, they'll still hold onto the unit.  Looking at the number of sales with with large down payments or al cash purchases, I'd assume quite a few owners are in a similar financial position.

    This would reduce the number of units hitting the market, and also spread them out over time which would reduce any significant downward pressure on prices.

    If there are going to be opportunities to pick up discounted units, I think it will be within the next few months while owners are in a panic and trying to sell.

  • Isi NauPro Member
    OP
    Real Estate Broker · Mililani, HI · Member since 2016 · 217 posts · 253 votes
    7y

    It might be worth seeing what happened in San Francisco and New York.  I believe they experienced similar enforcement law changes in the last year or two.

  • Member since 2019 · 2 posts · 0 votes
    7y

    @Isi 

    @Isi Nau thanks for the insight.Whats your opinion on single family homes that are illegal STRs?

  • Isi NauPro Member
    OP
    Real Estate Broker · Mililani, HI · Member since 2016 · 217 posts · 253 votes
    7y

    @Robert Baltazar

    I think most SFHs rented as STRs happened as an after thought. Meaning most were purchased as a primary residence or long term rental and then somewhere over the years the owner turned it into a STR. If this is true, then the financials surrounding the homes (i.e. larger down payments, low monthly carrying costs, the owner could move back in, etc.) are probably good enough that the owner can make the transition out of STR without much financial trouble. Of course there may be a few homes here and there that must sell now, but not enough to effect an entire neighborhood by bringing down prices.

    I haven't seen very many SFH be purchased with the original and sole intent being to do STR. If there are very many of these situations then it would be on the North Shore. But we're not seeing very many North Shore buyers coming in with minimum down payments. Rather the opposite, large to 100% down payments. So again, I think most will be able to transition out of STRs with our much problem.

    This is all macro stuff. On a smaller level I absolutely believe some individual condos and SFHs will come on the market at bargain rates due to the change in STR laws. Be on the lookout!

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    7y
    Originally posted by @John Underwood:
    Originally posted by @Eric P.:
    Originally posted by @John Underwood:
    Originally posted by @Eric P.:
    Originally posted by @John Underwood:

    This is very bad for VR owners that have properties in Honolulu.

    Laws across the country are getting more restrictive against VR properties. You never hear of some law being passed that is pro VR.

    I believe it is important not to have only VR properties and not have them all in the same place.

    If you do have them all in one area and this is all of your investment income, a simple law change can sink you and depress market prices as everyone rushes to dump their properties on the market.

    You can never predict when laws might get tougher on VRs and the hotel industry puts more pressure on these properties due to the income they are losing. 

    I don't think the solution is to avoid having all your STRs in one place - I think the solution is only to have STRs in places that have supported them for the last 100+ years, such as Pigeon Forge, Outer Banks, Big Bear, Tahoe, etc. No one's itching to make STR illegal in Pigeon Forge for example bc the entire market is STR & has been for 100 years!

    Just because something has been allowed for 100 years does not mean it can't change.

    I'm sure it was allowed in Honolulu 100 years before it wasn't. Anyone with all their eggs in the Honolulu basket is feeling the pain now.

    The areas that you mention may not change for another 100 years but you just can't know for sure.

    To clarify, here's what I meant: STR has 2 main enemies:

    1) hotels bc we are their competition

    2) LTR renters bc we shrink their supply of housing which increases their rental rates

    If you invest in places like Pigeon Forge or Outer Banks that don't really have many hotels & don't have many LTR renters, you should be relatively safe bc there's no one battling you. These are places that have been STR-friendly for 100 years & should continue to be bc they're literally built based on people wanting to rent a cabin in the woods / house on the beach / etc.

    The same cannot be said for Nashville, Austin, Honolulu, etc

    I agree with that.

    That is why I feel my Lake house in a rural setting is pretty safe also.

    Also just buy ones that are legally licensed.. I had a client buy a duplex in Charleston and even though they paid 800k + for it its legally licensed and still makes them a huge return above regular rental rates.. in areas they want to license these those that have licenses are going to make very good money.. so to me that's the key get the license and have it legal.

  • Investor · Honolulu, HI · Member since 2017 · 45 posts · 20 votes
    7y

    @Isi Nau

    Wow, I never knew that about those buildings but there were rules in some of the other condos about vacation rentals, some were only for long term rentals. Many of our investor clients bought in Waikiki banyan, island colony, waikiki sunset, and pacific monarch- all condos with a hotel operation (Aston) operating along with numerous other vacation rental companies managing units in these buildings so I didn’t realize they weren’t resort zoned.

    I just feel that this is the typical situation here where they pass these laws and ordinances and not consider the “unintended consequences” of these actions.

    And they should have made an exception for waikiki, among other resort areas. This will affect our tourism too. I don’t think there are enough hotel rooms or affordable vacation accommodation options for families here. And I don’t think it will help the long term rental market much either.

  • Isi NauPro Member
    OP
    Real Estate Broker · Mililani, HI · Member since 2016 · 217 posts · 253 votes
    7y

    I agree.  It's hard to believe that all of Waikiki isn't Resort zoned.  In light of Kakaako bringing in a ton of new housing, the City should provide a variance for all of Waikiki.

    I recognize the City's goal of easing the housing crisis, but I'm not sure Waikiki is the answer.  I can't recall any client we've worked with that wanted to live in Waikiki, as an owner or tenant.  I don't think freeing up a bunch of Waikiki condos will ease the housing crisis.

    I've spoken to a few colleagues in the STR cleaning business on Oahu and they haven't seen a reduction in work since August 1st. They have all said that the property owners are honoring the bookings made before Aug 1, but are not taking any new bookings. I'd imagine most good properties have bookings through New Years, so the industry may still have legs to carry it through the turn of the year. We'll see.

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