Anchorage and Maui Enact New Vacation Rental Regulations: A Tale of Two Strategies Confronting the Housing Crisis

A stunning aerial shot capturing a luxurious tropical resort in Wailea-Makena, Hawaii.

The final quarter of 2025 has marked a significant moment in the ongoing national debate over short-term rentals (STRs) and housing availability, as two distinct jurisdictions—Anchorage, Alaska, and Maui County, Hawaii—have simultaneously enacted substantial regulatory overhauls. While separated by geography and culture, both municipalities are grappling with the fundamental tension between fostering a high-yield tourism economy and securing stable, affordable housing for their permanent workforces. Maui County has chosen the path of immediate, sweeping divestment from its transient inventory, while Anchorage is opting for a measured, data-driven approach focused first on transparency and potential future taxation.

Maui County: A Sweeping Strategy to Reclaim Residential Inventory

Maui County’s response to its housing predicament has taken a far more comprehensive and immediate approach, centered on systematically removing a significant portion of its existing short-term rental inventory from that classification. This strategy, embodied in the recently enacted Bill number nine, directly confronts the fact that transient vacation rentals represent a disproportionately large segment of the island’s total housing stock, exceeding the concentration found in any other county in the Hawaiian Islands. The motivation is explicitly tied to alleviating a housing crisis that was tragically compounded by the devastating wildfires of two thousand twenty-three, which resulted in the destruction of thousands of homes and the displacement of twelve thousand or more residents.

The Genesis of Legislative Action: Bill Number and Mayoral Endorsement

Bill number nine, a measure initially proposed by Mayor Richard Bissen in May of two thousand twenty-four, recently achieved final legislative approval in December of two thousand twenty-five, culminating in the Mayor’s signing of the measure into law on or about December 15, 2025. The journey was marked by significant community engagement, with supporters rallying around the principle of prioritizing the needs of local inhabitants over what they termed the profit motives of outside commercial interests. The Maui County Council’s final vote reflected a divided body, passing the measure with a narrow 5-3 margin, illustrating the profound economic stakes involved in such a sweeping regulatory change. Proponents framed the move as an essential step to return thousands of units to the long-term residential market, ensuring that the housing inventory better serves the people who call Maui home.

Targeted Restrictions: The Minatoya List and Apartment Zones

The regulatory hammer is specifically targeting units operating under a historical anomaly defined by prior county rulings, primarily those properties situated within areas zoned for apartment use. These specific vacation rentals, often referred to as being on the “Minatoya List,” were originally permitted as lawful nonconforming uses because they had received certain county approvals prior to a nineteen eighty-nine ordinance change that mandated long-term residential occupancy for apartment zones. The bill aims to eliminate this exception for approximately seven thousand such units. The data indicates a striking demographic pattern: more than ninety percent of the owners of these affected short-term rentals do not reside within Maui County, with the vast majority living entirely out of state. This concentration of non-local ownership fueled the argument that these properties were acting as investment vehicles rather than serving the critical local need for housing.

The Amortization Schedule: Defined End Dates for Non-Compliance

To provide property owners with a defined period to adjust their business models or property status, the legislation introduces a structured phase-out, or amortization, schedule. This schedule is not uniform across the entire county, recognizing differences in local economies and housing pressures. For the heavily impacted vacation rentals located within West Maui, the deadline for ceasing transient vacation rental operations is set for the first day of January in two thousand twenty-nine. For the remaining affected apartment-zoned units elsewhere in Maui County, the mandatory end date for short-term rental use is extended slightly, reaching the first day of January in two thousand thirty-one. This staggered approach allows for a more gradual market adjustment compared to an immediate cessation of operations.

Owner Pathways: Options for Transitioning Out of Transient Use

The new law does not merely mandate closure; it explicitly outlines several viable courses of action for owners whose properties are caught in the phase-out. The most direct alternative is for the owner to convert the unit back into a traditional, long-term rental, which aligns with the bill’s overarching objective. Other options include selling the property, retaining it for exclusive personal use, or, for the more enterprising owner, petitioning the county for a formal change in zoning designation for the property. While the path to a new zoning designation remains complex and subject to future policy decisions, the availability of these options provides a framework for value preservation amidst regulatory change. It is also worth noting that other categories of lodging, such as bed and breakfast operations, officially permitted short-term rental homes, and existing timeshare properties, are generally intended to remain unaffected by this specific piece of legislation.

The Core Conflict: Housing Availability Versus Tourism Economy

The legislative actions in both Alaska’s largest city and Hawaii’s second-largest island share a common, fundamental tension: the perceived trade-off between maintaining a robust, high-yield tourism sector and ensuring the availability of stable, affordable housing for the permanent workforce that supports that very sector. This conflict is central to the contemporary political landscape in both island and frontier destinations.

Anchorage’s Housing Crisis as a Regulatory Catalyst

In Anchorage, the regulatory impetus is rooted in the severity of the existing housing shortage, which permeates the entire market, from rental vacancies to homeownership affordability. The concern is that unchecked growth in the short-term rental sector exacerbates this shortage by removing entire units from the long-term pool, whether they are primary residences, investment properties, or secondary homes. The registration ordinance is a direct response to a desire to quantify this impact, moving the debate from the realm of feeling to the realm of statistical analysis, a prerequisite for any effective municipal intervention aimed at correcting housing imbalances.

Maui’s Exacerbated Crisis Following Recent Tragedies

Maui’s situation involves a similar housing pressure overlaid with the profound, life-altering consequences of a major natural disaster. The loss of thousands of existing long-term units in the fires created an acute, immediate need for housing that the transient vacation rental market was arguably contributing to by withholding supply. For many supporters of Bill number nine, reclaiming apartment-zoned housing for local families became inextricably linked to the community’s recovery and long-term resilience, framing the issue less as an economic calculation and more as a moral imperative to support displaced residents and the local labor force.

Contention and Legal Undercurrents Surrounding New Rules

Few significant regulatory changes in the short-term rental space occur without substantial opposition, and the recent enactments in Anchorage and Maui have certainly generated friction, primarily centered on economic impact and legal standing. The resistance often comes from property owners and industry advocates who view these moves as government overreach into private enterprise and property rights.

Legal Headwinds and the Precedent of Vested Property Rights

Maui’s Bill number nine, by targeting grandfathered, non-conforming uses, faces a distinct legal risk that is well-documented in the state’s history. Opponents have frequently warned that the county risks significant litigation, citing a previous instance where a neighboring island county’s attempt to strip away vested vacation rental property rights was overturned by a court ruling on constitutional grounds. The argument centers on whether the amortization period provided is legally “reasonable” for recovering the investment made under prior legal assumptions. Council members opposing the bill also cited procedural uncertainty regarding the lack of established alternative zoning pathways at the time of the vote. In contrast, Anchorage’s initial move is registration, which is legally safer, but the proposed accompanying tax amendment could face similar challenges if it is interpreted as an unconstitutional burden on a specific class of property owner without a clear public benefit justification.

Community Division: Voices for Residents Against Investor Interests

The public testimony surrounding both regulatory efforts revealed a deep societal divide. On Maui, supporters emphasized that generational communities and quality of life are irreplaceable assets, whereas profits are inherently transient and secondary. Conversely, opponents warned of severe economic repercussions, predicting that the removal of such a large portion of the rental supply would damage the tourism-dependent economy. Anchorage discussions also highlighted the tension between those who view short-term rentals as a valuable means for homeowners to leverage unused space and those who see the market as having morphed into a purely commercial enterprise that strains local resources like housing and neighborhood peace.

Comparative Regulatory Philosophies: Alaska Versus Hawaii Localism

While both jurisdictions are reacting to similar housing pressures, their fundamental regulatory philosophies—shaped by their unique state structures and historical governance—are markedly different, leading to divergent local solutions.

Alaska’s Decentralized Model and Tax Compliance Focus

The State of Alaska has traditionally maintained a very limited, hands-off approach to statewide short-term rental oversight, essentially delegating the authority almost entirely to individual municipalities. This results in a highly localized system, where the primary state requirement is often limited to obtaining a basic Alaska Business License and complying with state tax registration, if applicable. In cities like Anchorage, the historic focus has been on establishing a baseline for operational standards and ensuring tax remittance—with previous discussions circling around a twelve percent lodging tax. The newest Anchorage ordinance perfectly encapsulates this philosophy by focusing first on administrative oversight and data collection within the municipal boundaries, avoiding immediate punitive action.

Hawaii’s Zoning-Based Approach Targeting Non-Resident Ownership

Hawaii’s regulatory environment, by contrast, features a more centralized framework within which the counties exert significant, zoning-based control. Maui’s Bill number nine represents a powerful application of county zoning authority to mandate a sweeping change in land use over a defined period. This strategy targets the physical location and zoning classification of the property—apartment zones—rather than solely focusing on tax compliance or operational licensing, which are existing requirements separate from the phase-out bill. The pronounced emphasis on the non-resident ownership of the units slated for phase-out underscores a policy goal aimed at re-localizing a significant portion of the housing asset base.

Immediate and Projected Market Consequences

The introduction of certainty, even in the form of strict regulation, inevitably alters market behavior. The announcement and enactment of these major legislative shifts have already begun to ripple through the real estate and hospitality sectors of both regions.

Investor Uncertainty and Real Estate Valuation Shifts

In Maui, the clear and present threat to thousands of non-conforming units has injected significant instability into that specific segment of the property market. Reports indicate a noticeable cooling, with property valuations in some targeted areas experiencing declines and the average days on market for relevant condo listings increasing substantially. This environment creates a buyer’s market for those willing to purchase properties destined for conversion to long-term rental status or for traditional residential use, a profound shift from the market dynamics of prior years. Anchorage, while not facing immediate property elimination, is seeing a similar effect as investors pause to digest the requirements of the new registry and the very real possibility of future taxation proposals emerging once the municipal data is fully analyzed.

Shifts in Guest Accommodation Availability

The removal of thousands of units from the transient market in Maui will inevitably reduce the island’s overall capacity to host visitors via the vacation rental channel, potentially redirecting demand toward legal hotel zones, existing fully permitted rentals, or even competing islands. While the county aims to mitigate this by seeking rezoning for some high-value or timeshare properties into new, legally defined hotel districts, a net reduction in available short-term inventory is a near certainty. Anchorage’s data collection may preemptively curb new investment, leading to slower growth in its supply, thus protecting the existing inventory’s value while simultaneously impacting the choice available to future visitors seeking a home-like experience.

The Path Forward: Next Steps in Enforcement and Oversight

The story of these new regulations is one of commencement, not conclusion. The real work of implementing, enforcing, and evolving these new rules lies ahead for both municipalities.

The Data Collection Window and Subsequent Review Periods

For Anchorage, the period between the passage of the ordinance and the registration deadline of July thirty-first, two thousand twenty-six, is the critical information-gathering phase. The municipal administration’s subsequent action will be entirely dependent on the fidelity and depth of the data collected, informing whether they proceed with the ballot measure for a tax or introduce more specific operational rules, as previously contemplated. The separate proposal for a 5% tax is slated for an April 7, 2026 ballot measure, contingent on voter approval. In Maui, the phase-out dates serve as hard enforcement milestones, but the interim period will be occupied by property owners seeking counsel on zoning variances, conversion strategies, and potentially the organization of legal challenges to protect their assets or secure the most favorable transition terms available.

Anticipated Evolution of Localized Short-Term Rental Legislation

Given the nature of local governance, it is highly unlikely that these ordinances represent the final word on vacation rental oversight. In Alaska, the data from the Anchorage registry will likely be used to craft regulations for other municipalities looking to follow suit, or perhaps even inform the debate over a broader state framework, which has been proposed in concept before. In Hawaii, the success or contentious nature of the phase-out will influence the other islands, particularly as they deal with the aftermath of the wildfires and a persistent, island-wide shortage of attainable housing. The entire sector must now operate under the assumption that regulatory frameworks will become the norm, demanding greater transparency, higher compliance costs, and a perpetual awareness of local political winds. This continuous evolution necessitates that operators and industry observers maintain vigilance, recognizing that what is being tested in Anchorage and Maui today will likely be debated in cities and counties across the continent tomorrow.