The COVID-19 pandemic upended lives, jobs, and economies across the globe, and Hawaii was no exception. In a state where tourism is a cornerstone of economic stability, job losses and reduced income hit residents hard. For many renters across Honolulu, Maui, Kauai, and the Big Island, financial uncertainty sparked essential questions about housing security—especially concerning whether landlords could legally increase rent during a public health and economic crisis.
This article dives deep into the complex landscape of rental regulations in Hawaii, specifically focusing on the legality and limitations of rent increases during the pandemic. We’ll cover current state and local laws, emergency moratoriums, lease agreements, tenant rights, and what renters can do if they feel their rights have been violated.
Understanding Hawaii’s Rental Climate During the Pandemic
Hawaii, known for its scenic beauty and high cost of living, also has one of the most competitive rental markets in the United States. Before the pandemic, median rent prices in urban centers like Honolulu regularly exceeded $2,000 per month for a one-bedroom apartment. When the pandemic struck in early 2020, waves of unemployment and reduced work hours put extreme pressure on tenants—many of whom relied on government aid and eviction protections to remain housed.
The State of Hawaii responded swiftly, implementing protective measures aimed at stabilizing housing during economic hardship. However, emergency protections were temporary and primarily focused on preventing evictions rather than restricting rent increases. This distinction is crucial for tenants wondering if their landlords could raise rent while the pandemic was ongoing.
Emergency Eviction Moratoriums vs. Rent Control
It’s important to differentiate between two key concepts: eviction moratoriums and rent control. During the pandemic, Hawaii enforced an eviction moratorium to protect renters from being removed from their homes due to inability to pay rent. This was primarily regulated through state law and federal CARES Act provisions.
However, eviction protection does not equate to rent freeze. Even when evictions were paused, many landlords retained the right—within legal limits—to raise rents under certain conditions. Unlike states such as New York or California, which have stronger rent stabilization laws in place, Hawaii does not have broad rent control legislation at the statewide level.
This means that, generally, landlords in Hawaii can raise rent with proper notice, unless restricted by local ordinances or specific emergency declarations.
Timeline of Pandemic-Related Housing Measures in Hawaii
Understanding the sequence of laws and emergency orders during the pandemic helps clarify when rent increases were—and weren’t—allowed:
- March 2020: Governor David Ige declared a state of emergency, halting evictions for nonpayment of rent through emergency proclamation.
- September 2020: Hawaii extended eviction protections under Act 144, giving tenants a legal defense if they experienced financial hardship due to the pandemic.
- July 2021: Federal CDC eviction moratorium took effect, further delaying evictions nationwide—including Hawaii.
- August 2021: U.S. Supreme Court ended the CDC moratorium, prompting Hawaii to rely on its own state laws.
- June 2022: Hawaii’s temporary housing assistance programs, like the Emergency Rental Assistance Program (ERAP), began winding down.
Throughout this period, none of the state or federal emergency measures explicitly banned rent increases. That responsibility remained with existing landlord-tenant laws.
Hawaii’s Landlord-Tenant Laws and Rent Increases
To answer the central question, we must refer to Hawaii Revised Statutes (HRS) Chapter 521, which governs the relationship between landlords and tenants. Under these statutes, rent increases are permitted, but they must follow specific procedural and timing requirements.
Can a Landlord Raise Rent on a Fixed-Term Lease?
If you signed a fixed-term lease (typically 6 or 12 months), your rent is locked in for the duration of that lease, unless the lease itself includes a clause allowing for increases during the term.
- Landlords cannot raise rent during an active fixed-term lease without the tenant’s written consent.
- Any rent increase must wait until the lease expires or is renewed.
- If a landlord attempts to raise rent mid-lease without agreement, it may be a violation of contract law.
This protection was unaffected by the pandemic. Even in 2020 and 2021, landlords could not unilaterally raise rent on leased units unless the lease document specifically permitted it.
What About Month-to-Month Tenancies?
For tenants on month-to-month rental agreements, landlords have more flexibility. Under HRS §521-72, landlords may raise rent with proper written notice:
- 45 days’ notice is required if the rent increase exceeds 10% over a 12-month period.
- 15 days’ notice is required for increases of 10% or less.
This rule applied throughout the pandemic. So, while evictions were restricted, landlords could still issue rent hikes for month-to-month renters following these notice guidelines.
Limitations and Local Ordinances
While Hawaii does not have statewide rent control, some counties explored local measures in response to pandemic-related housing instability.
- Honolulu City and County: No formal rent control program exists, but in 2021, there were discussions around enacting tenant protections, including temporary rent freezes. These were considered but never fully implemented.
- Kauai County: In late 2022, Kauai passed a series of temporary emergency measures in response to a post-pandemic tourism surge and housing shortage. Although not pandemic-specific, these included rental assistance and eviction prevention, not rent caps.
- Maui County: Faced with a large number of short-term rental conversions, Maui has focused regulation on limiting vacation rentals rather than establishing rent control.
In short, as of now, Hawaii has no jurisdiction with permanent rent control, and no county implemented a long-term rent freeze specifically because of the pandemic.
Emergency Proclamations and Rent Hikes: Where’s the Line?
One common misconception is that the pandemic’s state of emergency automatically froze all rent increases. While Governor Ige’s emergency proclamations were robust in halting evictions, they were silent on rent increases.
The state’s legal focus was on preventing homelessness during a public health crisis—not on altering contractual rent obligations for existing leases. Therefore, even during the height of the pandemic, a landlord could:
- Raise rent at the end of a lease term.
- Issue a 45-day notice for significant increases on month-to-month agreements.
- Renew a lease at a higher rate, provided the tenant agreed to it.
Landlords still had to follow the same rules as in non-emergency times—but tenants had added protections against immediate eviction if they couldn’t afford the new rate, as long as they submitted hardship declarations.
Hardship Declarations and Rent Negotiations
Under Hawaii’s Act 144, tenants facing financial hardship due to the pandemic could declare this in writing to delay eviction. This process did not stop rent increases, but it allowed tenants breathing room to negotiate.
Tenants who received a rent increase notice could:
- Request a meeting with their landlord to discuss financial challenges.
- Propose a temporary rent payment plan.
- Apply for rental assistance through the Hawaii Emergency Rental Assistance Program (ERAP), which helped cover rent and utility costs for eligible households.
While these tools didn’t legally block rent hikes, they empowered tenants to respond proactively.
Federal Stimulus and State Aid: Shielding Tenants Financially
Although rent increases were permitted, the state and federal government injected billions in aid to help tenants meet their rental obligations. Understanding these support systems is key to grasping how Hawaii mitigated the impact of potential rent hikes.
Hawaii Emergency Rental Assistance Program (ERAP)
Launched in 2021 and funded through the federal American Rescue Plan, Hawaii’s ERAP provided direct payments to landlords on behalf of eligible tenants. Criteria included:
- Household income at or below 80% of Area Median Income (AMI).
- Risk of housing instability due to pandemic-related job loss, reduced hours, or medical expenses.
- Current rent burden (spending more than 30% of income on rent).
ERAP did not prevent rent increases, but it helped tenants stay current on higher rent amounts if their landlord accepted the aid.
Utility Assistance and Additional Support
Beyond rent, the state also offered utility bill relief through related programs. Keeping tenants’ utilities active reduced the overall risk of displacement, even as rental costs climbed in some areas post-pandemic.
What About Short-Term and Corporate Landlords?
The pandemic had a unique impact on the short-term rental market in Hawaii. As tourism slowed, many property owners converted vacation rentals to long-term leases to generate steady income. However, in the recovery phase (2022–2023), some of these units were flipped back, reducing long-term rental supply and increasing competition—and thus, rents.
Corporate landlords and large property management companies (like those operating in high-rise condos in Waikiki) also adjusted pricing based on market demand. In areas with tourist influxes rebounding, some tenants reported rent increases of 20% or more upon lease renewal—even during the later stages of the pandemic.
While not illegal, such increases raised concerns about affordability and equity, especially for long-term residents in tourist-centric neighborhoods.
Tenant Protections That Still Apply During Rent Increases
Even if your landlord raises the rent, you retain specific rights under Hawaii law. Knowing these can help you identify unlawful practices.
Prohibited Actions During a Rent Increase
Landlords cannot:
- Increase rent as retaliation for a tenant requesting repairs.
- Raise rent based on discriminatory factors (race, religion, disability, etc.).
- Change lease terms without proper notice.
- Lock out a tenant or shut off utilities to force compliance.
These protections are enforced by the Hawaii Department of Housing and Urban Development (HUD) and the state’s courts.
Right to a Written Notice
Regardless of pandemic conditions, Hawaii law requires rent increase notices to be:
- In writing.
- Delivered with sufficient advance notice (15 or 45 days).
- Clear about the new rent amount and effective date.
Verbal or text-message rent increases are not valid. Tenants may dispute hikes that lack proper notice.
Recent Legislative Efforts and Future Outlook
While Hawaii didn’t enact emergency rent controls during the pandemic, lawmakers have since introduced several bills aiming to strengthen tenant protections.
Pending and Proposed Legislation (2023–2024)
- SB150 SD1 HD1: Proposed temporary rent stabilization in high-pressure markets like Honolulu. Though it didn’t pass, it signaled growing political will.
- HB2065: Sought to expand tenant rights and require just cause for evictions. Still under discussion.
- Measure 1 in Honolulu (2022): A local ballot initiative regarding short-term rentals indirectly affected long-term supply and, by extension, rent prices.
These signals suggest that while pandemic-era rent hikes were legal, the public conversation around housing fairness in Hawaii is evolving.
The Role of Affordable Housing Initiatives
To combat rising rents, the state continues to invest in affordable housing projects. The Hawaii Housing Finance and Development Corporation (HHFDC) supports low-income housing developments across the islands. However, construction is slow, and supply remains tight.
Until new units are built, market forces—especially on Oahu and Maui—will continue to drive rent prices, with landlords legally able to raise rates during lease renewals.
What Should Tenants Do If Facing a Rent Increase?
If your landlord has notified you of a rent increase during or after the pandemic, here’s a step-by-step guide on how to respond:
1. Review Your Lease Agreement
Check whether you are on a fixed-term or month-to-month lease. If you’re in the middle of a lease, any rent increase may be invalid unless the lease allows for it.
2. Verify the Notice Period and Amount
Ensure your landlord provided proper notice:
- 15 days for increases ≤10% in 12 months.
- 45 days for increases >10%.
Also, confirm the new rent amount. Significant spikes—though legal—may prompt negotiation.
3. Communicate with Your Landlord
Many landlords are willing to work with tenants, especially long-term ones. Write a polite letter stating your financial situation and asking whether the increase can be adjusted or phased in.
4. Explore Rental Assistance Programs
Even if pandemic-specific aid has ended, ongoing programs may exist through:
- Local community organizations.
- Faith-based groups.
- The Hawaii Housing Authority.
5. Consult a Legal Aid Organization
If you suspect the rent increase violates your rights, contact:
- Legal Aid Society of Hawaii: Offers free legal advice for low-income renters.
- Hawaii Appleseed Center for Law & Economic Justice: Advocates for fair housing policies.
- Tenant Union of Hawai’i: A grassroots group supporting tenant education and collective action.
These organizations can help determine if your landlord overstepped legal boundaries.
Is Hawaii Moving Toward Rent Control?
While the state still lacks rent control laws, increased housing pressure has fueled debate. Data from the U.S. Census Bureau shows that median rent in Honolulu rose by 14% between 2020 and 2023—far outpacing income growth.
Arguments for Rent Stabilization
Proponents argue that rent control is necessary because:
- 60% of renters in Hawaii are cost-burdened (spend more than 30% of income on rent).
- Tourism-driven housing shortages push locals out of urban centers.
- Low vacancy rates (often under 2%) reduce tenant bargaining power.
Arguments Against Rent Control
Opponents, including many landlord associations, claim that:
- Rent control may discourage investment in rental housing.
- Property owners need flexibility to cover rising maintenance and mortgage costs.
- Market-based solutions like increasing supply are more sustainable.
So far, the state government has prioritized supply-side solutions—building more affordable units—over price controls.
What Tenants Learned from the Pandemic
The pandemic underscored Hawaii’s fragile housing market and highlighted the need for better tenant protections. While landlords could legally raise rent during the crisis, the emergency spotlighted the imbalance between property rights and housing affordability.
Many tenants became more aware of:
- Their rights under state law.
- The importance of lease terms.
- Available rent assistance and legal support.
This increased advocacy has led to stronger tenant organizing and more attention from policymakers.
Conclusion: Rent Increases During the Pandemic Were Largely Legal in Hawaii
To answer the original question directly: Yes, landlords in Hawaii could raise rent during the pandemic, as long as they followed state law. The emergency protections in place were focused on preventing evictions, not freezing rents. Unless restricted by a fixed lease or rare local ordinance, rent increases—especially at lease renewal—remained legal.
However, tenants were not left without recourse. Hardship declarations, rental assistance programs, and legal advocacy helped many navigate increases or negotiate alternatives. Looking ahead, Hawaii’s housing future will likely involve tighter tenant protections, even if statewide rent control remains off the table.
If you’re concerned about a rent increase, your best tools are knowledge, communication, and community support. Understanding your lease, verifying proper notice, and reaching out for help can make all the difference in maintaining housing stability in one of America’s most beautiful—but expensive—states.
For ongoing updates on rental laws and tenant assistance in Hawaii, visit the Hawaii Department of Taxation’s Rental Housing Enforcement Unit website or connect with local housing advocacy groups. The landscape is changing—and with awareness, tenants can play an active role in shaping a fairer housing future.
Can my landlord raise my rent during the pandemic in Hawaii?
During the pandemic, landlords in Hawaii were subject to various temporary protections that affected their ability to raise rent. In response to the economic challenges caused by the pandemic, Hawaii enacted emergency measures, including moratoriums on evictions and restrictions on rent increases for certain types of housing. Specifically, Act 178, passed in 2020, prohibited landlords from increasing rent beyond the rate of inflation for dwellings covered under the state’s rent cap program during the state of emergency. This protection primarily applied to long-term residential leases and targeted moderate-income tenants in specific areas.
However, these pandemic-era rent increase limitations were not permanent and have since expired or been modified. As emergency declarations have been lifted, landlords can once again raise rent in accordance with Hawaii’s standard landlord-tenant laws, provided they follow proper notice procedures. The ability to raise rent depends on lease terms—month-to-month tenants typically receive 45 days’ notice for increases, while fixed-term leaseholders are protected from mid-lease hikes unless otherwise specified. Tenants should review their lease agreements and stay updated on current state regulations to understand their rights.
Were there any emergency rent control laws in Hawaii during the pandemic?
Yes, Hawaii implemented emergency rent control measures during the height of the pandemic to provide financial relief to renters. Act 178, signed in December 2020, placed a cap on rent increases for qualifying units by limiting hikes to the Consumer Price Index (CPI) for the prior 12-month period. This law aimed to prevent excessive rent spikes during a time of economic uncertainty and applied to both new and existing leases made during the state of emergency, affecting primarily long-term residential rentals in urban areas such as Honolulu.
The emergency rent control provisions were temporary and tied to the state’s emergency declaration related to the pandemic. Once the emergency order was rescinded, the automatic restriction on rent increases based on CPI expired. While some local efforts to expand long-term rent control are being discussed, as of now, Hawaii does not have broader permanent rent control laws like those in cities such as New York or San Francisco. Tenants should check with their local county regulations, as some municipalities may propose or enact their own temporary measures during future crises.
How much notice must my landlord give before raising my rent in Hawaii?
In Hawaii, the required notice period for a rent increase depends on the type of lease agreement. For month-to-month tenancies, landlords must provide written notice of at least 45 days before implementing a rent increase. This notice must clearly state the new rental amount and the effective date of the change. For fixed-term leases, such as a 12-month agreement, rent cannot be increased during the lease period unless the lease contract specifically allows for it.
Failure to provide proper notice may render the rent increase invalid, and tenants have the right to challenge such actions. The 45-day rule ensures tenants have sufficient time to adjust financially or seek alternative housing if necessary. It’s important for tenants to keep copies of all lease agreements and communications with landlords to document their rights. Landlords who attempt to raise rent without adhering to the notice requirements may face disputes that can be taken to the Hawaii State Judiciary’s Small Claims Division or other legal venues.
Does Hawaii have permanent rent control laws that limit rent increases?
Hawaii does not currently have a comprehensive statewide rent control law that places permanent caps on rent increases for all rental units. Unlike some states with strict rent stabilization policies, Hawaii generally allows market-driven rent adjustments, subject to lease agreements and certain local ordinances. Landlords are free to set rental prices based on market conditions, provided they follow proper notice procedures and do not engage in discriminatory or retaliatory practices.
However, limited rent control exists in specific contexts. For example, state-subsidized housing programs and low-income rental units may have income and rent restrictions. Additionally, some housing developments built under government incentives or community programs may have long-term affordability agreements. While discussions about permanent rent control measures continue due to Hawaii’s high cost of living and housing shortage, any broad rent control legislation would require legislative approval and likely face legal and economic scrutiny.
Can my landlord increase my rent if I’m on a fixed-term lease?
Generally, landlords in Hawaii cannot raise your rent during the term of a fixed-term lease agreement unless the lease explicitly allows for such increases. A fixed-term lease, typically lasting 6 or 12 months, locks in the rent amount for the entire duration. This means that even if market rates go up, your landlord must honor the agreed-upon rent unless you both consent to a modification in writing.
Any rent increase during a fixed-term lease that is not permitted by the original contract may be considered a breach of the lease. Tenants who face unauthorized rent hikes should document communication and notify the landlord in writing that the increase violates the lease terms. If the issue is not resolved, tenants can seek assistance from the Hawaii Department of Commerce and Consumer Affairs or pursue mediation through the courts. Upon lease renewal, however, landlords are typically allowed to propose a new rent amount, provided proper notice is given.
What can I do if I think my rent increase is unfair or illegal?
If you believe your rent increase is unfair or violates Hawaii law, the first step is to review your lease agreement and check whether the landlord followed proper procedures. Verify the amount of notice given, the lease type, and whether the increase falls within allowable limits. You can also contact the Hawaii Department of Commerce and Consumer Affairs (DCCA) or your local county housing agency to confirm whether any temporary restrictions or consumer protections currently apply.
You may also consider discussing the matter directly with your landlord to seek clarification or negotiate. If the increase appears to be retaliatory, discriminatory, or violates lease terms, you can file a complaint with the DCCA or seek legal advice from organizations such as the Legal Aid Society of Hawaii. In some cases, rent disputes can be taken to Small Claims Court. Documenting all communications and keeping copies of your lease and rent notices will strengthen your position should formal action become necessary.
Are there any current rent relief programs in Hawaii for tenants affected by the pandemic?
While emergency rent relief programs enacted during the peak pandemic years have largely wound down, Hawaii has continued to offer some support for tenants facing financial hardship. The state distributed federal Emergency Rental Assistance Program (ERAP) funds to help eligible renters pay overdue rent, utilities, and other housing costs incurred during the pandemic. These programs were administered through local agencies and required applications demonstrating income loss and risk of homelessness.
Although the initial urgency has decreased, certain organizations and housing nonprofits in Hawaii still offer counseling, rental assistance, or mediation services for tenants struggling with housing costs. County-level programs, especially through the City and County of Honolulu, may provide limited aid or referrals. Tenants seeking help should contact the Hawaii Housing Finance and Development Corporation (HHFDC) or call 211, Hawaii’s community information hotline, to explore current options and support resources tailored to their situation.