Honolulu’s accessory dwelling unit rules connect the permitted ADU to rental and title conditions recorded against the property. The Department of Planning and Permitting (DPP) FAQ says an ADU must be leased for at least six months and cannot be sold separately from the primary dwelling. The current Land Use Ordinance (LUO), § 21-5.50-3(a)(2)(A), requires a recorded covenant limiting the ADU to long-term residential occupancy, barring bed-and-breakfast or transient-vacation use, and prohibiting condominium separation. That section does not state a numeric six-month term, so treat the FAQ’s duration as DPP guidance and check the approved covenant for the property. These are Honolulu-specific conditions; they do not establish rental terms or sale rights elsewhere.
What the six-month condition means
The DPP FAQ describes the minimum rental period as six months. A short-term booking for a few nights or weeks does not meet that stated ADU rental term. The current LUO requires the covenant to limit the unit to long-term residential occupancy and prohibits transient-vacation use, but the cited section does not give a month count. Check DPP’s currently approved covenant form and the instrument recorded against the property to confirm the operative term before signing a lease or advertising the unit. The FAQ is a useful summary, but it does not determine the terms or status of a particular parcel’s documents.
Do not assume that the rule turns only on how the parties label a lease. Verify the current local definition and the wording of any applicable covenant, including who may occupy the unit and whether the instrument sets additional conditions. This article does not infer a month-to-month exception or other lease arrangement from the six-month summary. Ask DPP how the current ordinance applies to the intended rental agreement if the term or structure is not clear.
The covenant follows the property
DPP says the covenant is recorded against the property and runs with the land. The obligation therefore is not simply a promise between the original applicant and the City that disappears when ownership changes. Before buying, refinancing, transferring, or changing the ADU’s use, obtain the recorded instrument and check the title record. Confirm that the covenant matches the ADU permit and property, and ask the responsible City office about any release, amendment, or compliance process that may apply.
The Department also says the ADU cannot be sold separately from the primary dwelling. A permitted rental unit is not automatically a separate legal lot, condominium unit, or transferable title interest. Do not rely on a separate listing, assessor description, utility account, or physical entrance as proof that the ADU can be conveyed on its own. For a proposed transfer or condominium arrangement, check the operative ordinance, the recorded covenant, land records, and any other approvals with DPP and a Hawaiʻi title or real-estate professional.
Confirm the actual property and current rule
First confirm that the unit was approved as an ADU under the Honolulu pathway that applies to the property. The DPP FAQ also says that either the ADU or primary dwelling must be occupied by the owner, a related person, or a designated authorized representative, subject to unforeseen hardship. The current LUO’s listed minimum covenant terms do not include an owner-residence condition, although the Director may add terms needed for enforceability. Ask DPP whether the FAQ statement applies under the current pathway and inspect the property’s recorded covenant rather than assuming the condition applies to every ADU.
Then compare the current ordinance, permit file, recorded covenant, and title record. Ask DPP to confirm the rental minimum and conveyance restriction for that classification and parcel, especially if the documents are missing, older, amended, or inconsistent. Separate questions about building approval, occupancy, fire and safety compliance, taxation, landlord-tenant law, and any private restrictions still need their own checks.
Honolulu’s public FAQ and code describe the local framework, but neither makes a parcel-specific title determination. Use the sources below to locate the current rules and obtain the property’s actual recorded documents before acting.