The owners of a Pheasant Hill Drive home that's been rented out on Airbnb are taking their fight to keep it running straight to court. Lisa Khan, Alexander Khan, and Rolak LLC filed a complaint in Hartford Superior Court dated September 30, challenging the West Hartford Zoning Board of Appeals' decision to uphold a town order that would shut the rental down.
The complaint follows a unanimous vote by the Zoning Board of Appeals on September 16 dismissing the Khans' challenge to an enforcement order targeting 39 Pheasant Hill Drive, according to We-Ha. Zoning Officer Sam Santaniello had issued enforcement orders dated May 18 and May 28 directing the owners to stop operating the property as a short-term rental. The Khans' lawsuit now asks the court to declare the board's September 16 decision null and void, sustain their original appeal, vacate the cease-and-desist order, and allow them to keep renting the property out, along with costs as provided by law.
A Hotel in a Residential Zone, Town Says
At the center of the dispute is how West Hartford classifies what's happening inside the 3,654-square-foot split-level home, built in 1965 and sitting in an R-10 residential zone. The town has taken the position that the property was being used not as a dwelling but as a hotel, a use barred in that zone, the same report from We-Ha notes. West Hartford Corporation Counsel Dallas Dodge said the town considers Airbnb-style rentals commercial, hotel-like uses that simply aren't permitted in its residential districts.
Property records cited in that report show Rolak LLC bought the house on January 29, before it was transferred into Alexander and Lisa Khan's personal names effective June 10. As of October 7, the listing remained active on both Airbnb and rolakresorts.com. Separate reporting from NBC Connecticut identifies the rental as “The Nineteenth Hole,” advertised for stays of up to 11 people and holding a 4.98-star rating. That outlet also reports the Airbnb can keep operating while the litigation plays out.
An Unsettled Legal Landscape
This isn't the first time West Hartford's zoning rules have been tested in court over short-term rentals. A separate case involving Raymond Road properties ended with a Superior Court ruling on October 31, 2025, finding the town's permitted accessory-use schedule ambiguous — a decision West Hartford has petitioned to have reviewed, with the matter still awaiting further action in Appellate Court, per the same We-Ha account. Dodge has said the town plans to defend its zoning interpretation through the judicial process and pursue whatever appeals are available.
Connecticut's courts have already weighed in on short-term rentals at the state level. Back in 2024, the Connecticut Supreme Court ruled 5-2 that a “residence” can include short-term rentals and doesn't require any particular degree of permanency, according to CT Mirror. That same legislative session produced a housing bill strengthening towns' authority to adopt their own short-term-rental ordinances, part of what the outlet describes as local and state governments' years-long quest to regulate the industry.
No Local Ordinance in Sight
West Hartford's Town Council reviewed a rough draft of a short-term-rental ordinance back in January but hasn't taken up any further formal review since, the We-Ha report notes. Dodge indicated the town is unlikely to revisit short-term-rental policy until the courts hand down a final, unappealable decision, saying the town remains focused on defending and enforcing its current regulations in the meantime.
Other Connecticut municipalities are moving in different directions on the same issue. In New Haven, three alderpersons have proposed rules that would ban non-owner-occupied vacation rentals while creating a licensing program for primary residents who rent out their homes for 30 days or less, according to the New Haven Independent. If approved, that licensing program would take effect March 31, 2027. The outlet reports New Haven currently has 728 active short-term-rental listings, compared to the 159 active Airbnb listings AirDNA counted in West Hartford, according to NBC Connecticut's report.
For now, the fate of 39 Pheasant Hill Drive — and potentially the broader question of how West Hartford treats Airbnb-style rentals in its residential neighborhoods — rests with the Superior Court.
