Kaunakakai

Hawaii enacted statewide ADU preemption through SB 3202 SD2 HD3 CD1 (2024 Regular Session), signed by Governor Josh Green in 2024. The act requires each of Hawaii's four counties (Honolulu, Hawaii, Maui, Kauai) to adopt or amend ordinances by 2026-12-31 permitting at least two accessory dwelling units (in addition to the primary unit) on every residentially-zoned lot within the urban district. Counties retain authority to set conditions on where and under what circumstances the additional ADUs can be built (placement, size, design, parking, infrastructure adequacy). The act also prohibits private covenants recorded after the effective date from limiting the number of ADUs below the state floor or restricting long-term rental of ADUs; covenants recorded before the effective date are grandfathered (see stateHoaPreemption). The 2024 session also passed companion measures addressing condominium and association governance.

Hawaii SB 3202 (2024) prohibits private covenants recorded after the effective date of the act from limiting the number of ADUs on residentially-zoned urban-district lots below the state floor of two ADUs per lot, and from restricting long-term rental of ADUs. Critically, the prohibition applies only to NEW covenants; covenants recorded BEFORE the effective date are grandfathered and remain enforceable. Hawaii planned-community associations are governed generally by HRS § 421J (Planned Community Associations Act, applies to associations existing as of 1997-06-16), and condominiums by HRS § 514B. Neither chapter contains a broader ADU-specific preemption beyond the SB 3202 forward-looking limitation. Owners subject to a recorded HOA declaration that pre-dates SB 3202 and prohibits or restricts ADUs have no state-law ADU remedy against that declaration.

Hawaii does not operate an ADU-specific statewide loan, grant, or forgivable-loan program. The Hawaii Housing Finance and Development Corporation (HHFDC), within the Department of Business, Economic Development, and Tourism (DBEDT), administers the state's affordable-housing finance and development programs: the Hale Kamaaina Mortgage Loan (first-time homebuyer mortgage for Hawaii residents), Down Payment Assistance and Single-Family Mortgage programs, Low-Income Housing Tax Credit (LIHTC) allocation, Hula Mae Multi-Family revenue bonds, and rental housing programs. None target ADU construction directly; an ADU-bearing primary residence on Hawaii's urban-district lots can qualify for the underlying mortgage when other criteria are met. Implementation of SB 3202 may bring ADU-specific products in 2026-2027 but none has been announced as of 2026-04-26.

• Hale Kamaaina Mortgage Loan Program
• HHFDC Down Payment Assistance and Single-Family Mortgage
• Homeowner Assistance Fund

Hawaii's state-level ADU programs operate primarily through the SB 3202 preemption framework with implementation due 2026-12-31. The state does not yet maintain a statewide pre-approved ADU plan catalog. The Honolulu County (City and County of Honolulu) Department of Planning and Permitting maintains an established ohana-dwelling permitting framework that pre-dates SB 3202 and serves as a working model for the other three counties' implementation. The Hawaii ADU manual published by Hawaii ADU (advocacy organization) at https://hawaiiadu.org/ is widely used as a homeowner-side reference but is not a state program. No statewide ADU impact-fee waiver statute exists.

• SB 3202 (2024) implementation framework
• City and County of Honolulu Ohana Dwelling Program