Bill 18's By-Right Approval Could Reshape Hawaii Housing Economics

Bill 18's expansion of by-right approvals for affordable rental housing would reduce developer uncertainty and accelerate housing delivery, a critical shift for Honolulu's strained market.

DC Metrowire Staff
••Real Estate
Bill 18's By-Right Approval Could Reshape Hawaii Housing Economics

Honolulu's housing debate often centers on density—how many units a parcel can hold, how tall a building can rise. But for developers underwriting projects, the more decisive variable is whether a project can be approved as of right. Bill 18, introduced by Council Vice Chair Andria Tupola, seeks to expand that certainty by extending the Chapter 32 Affordable Rental Housing program into more zoning districts, including apartment, business, and Waikiki's apartment precinct.

Currently, most market-rate residential development on Oahu goes through the 201H process, a discretionary political pathway involving neighborhood boards, public hearings, and unpredictable outcomes. "It provides a lot of uncertainty to the process," says Mike Perkins of The Bratton Team at Colliers International Hawaii. That uncertainty is priced conservatively, as developers carry land through indeterminate approval periods with no defined endpoint.

Bill 18 would change that by allowing Chapter 32 projects—which offer relaxed zoning, tax relief, and fee waivers in exchange for at least 80% of units rented at affordable rates for 15 years—to proceed directly to building permits. For 2026, affordability thresholds are $93,400 for a single person and $133,400 for a family of four. The financial impact is substantial: certainty compresses timelines, reduces carry costs, and lowers the cost of capital. "That in and of itself would help speed up the process," Perkins notes, and timing is where the leverage sits for housing delivery.

The need is urgent. The 2024 Hawaii housing planning study put Honolulu's requirement at 27,710 new units between 2023 and 2027—a figure that argues for pathways measured in months, not years. While density provisions in Bill 18 help, the by-right pathway is the decisive factor, as it converts a discretionary process into a defined one, removing a discount that currently applies across the market.

Beyond Bill 18, other regulatory shifts are shaping investor behavior. On Maui, Bill 9 phases out short-term rentals in apartment-zoned condos, while Bill 88 created the H-3 and H-4 rezoning pathway. Values in apartment-zoned and hotel-zoned product have diverged, becoming a live consideration in underwriting. Additionally, a 2024 state law requires all Hawaii counties to permit two accessory dwelling units per lot by year's end, primarily affecting the single-family market.

Perkins argues that regulatory clarity now weighs more heavily in underwriting Hawaii income property than interest rates. Entitled land carries similar questions, as buyers may need to reaffirm older entitlements, introducing time costs. For developers and investors, the practical implication is clear: a site's regulatory pathway belongs alongside its physical characteristics in any valuation. Two parcels with identical zoning are not equivalent if one qualifies for by-right approval and the other requires discretionary review. That difference shows up in carry costs, financing terms, and buyer pool breadth.

As Hawaii's approval framework becomes more defined, sites positioned to use it stand to benefit first. Current inventory and monthly market statistics show what is available and how it is pricing, but knowing which approval pathway attaches to a given position is what turns that into an investment decision.

Blockchain Registration

QR Code for Blockchain Registration