Post-Fire Lahaina Tenant Rights
The Protections Haven't Expired

August 8, 2023

On August 8, 2023, wind-driven wildfires swept through West Maui. The fires destroyed historic Front Street in Lahaina, killed at least 102 people (the deadliest U.S. wildfire in over a century), and displaced thousands of residents. Entire neighborhoods were lost. The recovery — physical, legal, and emotional — is ongoing.

Maui County and the State of Hawaii issued emergency proclamations in the immediate aftermath, and those proclamations have been renewed continuously since. Renewal of the proclamation is what keeps the legal protections on this page active.

The Statute, in Plain Terms

Hawaii Revised Statutes §127A-30 prohibits price increases on commodities — including rent — during a declared state of emergency. The Hawaii Attorney General has confirmed in published guidance that residential rent qualifies as a commodity covered by the statute.

Penalties: Violations carry civil penalties of up to $10,000 per violation, plus potential restitution to affected consumers. Each transaction can count as a separate violation.

Forms It Takes in a Rental Context

• Any rent increase on an existing or new tenancy during an active emergency proclamation, beyond the price ordinarily charged before the emergency.
• New "fees" added to a lease that weren't there pre-fire — parking fees, "amenity" fees, pest control fees, mandatory storage fees, "administrative" fees.
• Raising the security deposit amount on renewal or for a new tenancy.
• Refusing to renew a lease unless the tenant agrees to a higher rent — constructive price gouging. The choice between "pay more" and "leave during a housing emergency" is not a real choice.
• Charging displaced residents short-term rates that exceed the pre-emergency comparable rate.

The benchmark is what the unit (or comparable units) rented for before August 8, 2023. If today's rent or fees exceed that benchmark and the proclamation is still active, the difference is what regulators look at.

Active Since August 2023

Maui Mayor Richard Bissen issued an emergency proclamation in the immediate aftermath of the August 8, 2023 fires. Governor Josh Green issued a corresponding state proclamation. Both have been renewed continuously in successive supplementary proclamations since.

Because proclamations are renewed every few weeks or months, specific renewal dates evolve. Before relying on the protection for a particular date, verify the active proclamation for that day.

Two Sources, Save Both

1. State proclamation: governor.hawaii.gov → search for "Maui wildfires" or "emergency proclamation." Look for the most recent supplementary proclamation; it will reference and extend the original.
2. County proclamation: mauicounty.gov → emergency / mayor's office page. Mayor Bissen's office posts the current proclamation and renewals.

Save evidence: Take a screenshot of the active proclamation, including the URL and date in the screenshot. Save the PDF if available. This is your proof that the price-gouging statute was in force on the day the rent increase was imposed.

Patterns Worth Documenting

Allegations and patterns reported by current and former tenants. "May have" — these are categories worth documenting and reporting if they apply to you. Each individual case turns on its facts.

• Rent increases between 2023 and 2025 for Lahaina-area tenants, beyond the pre-fire comparable rate.
• New fees introduced post-fire — pest control, parking, "amenity," administrative — that did not appear on pre-August-2023 leases.
• Refusal to honor pre-fire lease terms on renewal — including increased deposit demands or new fee schedules tied to lease renewal.
• Lease non-renewal followed by re-listing the same unit at a higher rent during an active proclamation.

If any of the above happened to you, save the documents (old lease, new lease/renewal offer, fee schedules, dated receipts) and report. The Attorney General's Consumer Protection division — not the tenant — investigates and proves the violation.

Hawaii Attorney General — Consumer Protection

Phone: 808-586-1282
Online: ag.hawaii.gov/cpo

What to include in your report:

• Copy of your pre-fire lease (or lease in effect before the rent change)
• Copy of the new lease, renewal offer, or fee schedule
• Dated rent receipts showing the change — bank statements, money order records, payment portal screenshots
• Screenshot of the active emergency proclamation on the date of the increase (with URL and date visible)
• Any written communications from management about the increase or new fee — emails, letters, portal messages, texts
• Names of staff involved and dates of any in-person conversations (with what was said, summarized)

You can also notify the Maui County Office of Consumer Protection at 808-984-8244 — they coordinate with the state AG.

Adjacent Issues That Affect Lahaina Renters

Eviction Moratorium History

Following the fires, Governor Green's emergency proclamations included eviction protections for tenants in West Maui — including pauses on certain non-payment evictions. The exact scope and duration evolved across renewals. Verify the current proclamation for any pause that may apply on your eviction date.

FEMA Assistance and Rent

FEMA rental assistance paid directly to a tenant for displacement does not waive the landlord's pre-fire lease obligations. A landlord cannot refuse to accept FEMA assistance, and accepting it does not authorize a rent increase above the pre-fire rate. Keep all FEMA award letters and the receipts of how funds were applied.

Insurance, Habitability, and Smoke / Ash Contamination

Even units that did not burn may have suffered smoke damage, ash infiltration, or contaminated water from the fires and the response. Hawaii's habitability statute (HRS §521-42) requires landlords to maintain rental units in fit and habitable condition. If your unit has post-fire contamination that the landlord has not remediated, document it (photos, air quality readings if available) and submit a written repair request referencing §521-42.

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