WEST HARTFORD, CT — The owners of a West Hartford home have taken the town to court after the West Hartford Zoning Board of Appeals unanimously upheld last month an enforcement order prohibiting the property's use as a short-term rental.
Lisa and Alexander Khan, doing business as Rolak LLC, had appealed the town's enforcement action Oct. 2 involving 39 Pheasant Hill Drive, a single-family home in the R-10 One-Family Residence District.
The dispute began after town staff received a complaint on March 24 that the property was being listed and used for short-term rentals through Airbnb, according to a July 10 narrative submitted by the Khans' attorney. The town subsequently issued enforcement orders May 18 and May 28.
The Khans challenged the enforcement action, arguing that West Hartford's zoning regulations do not establish a minimum rental period for a dwelling and that renting the entire single-family home to one family at a time does not constitute operating a hotel.
The dispute came before the ZBA Sept. 16.
Attorney Forrest Noirot represented the property owners at the hearing, while Lisa Khan testified on their behalf.
West Hartford Zoning Enforcement Officer Sam Santaniello testified for the town, with attorney Jack Fazzino serving as counsel for the zoning enforcement officer.
Santaniello submitted exhibits and answered questions from Fazzino. Khan also testified, and the property owners submitted their own exhibits.
Board members questioned both sides and their attorneys.
Four members of the public also spoke during the hearing, with all four supporting the zoning enforcement officer's order.
The board voted 5-0 to close the hearing before beginning deliberations.
ZBA member John Harris then moved to dismiss the Khans' appeal, with colleague Nolan Robinson seconding.
In reaching its decision, the ZBA made three findings: that the property's current use violated the zoning regulations; that the zoning enforcement officer's interpretation was consistent with past interpretations of the regulation; and that the officer was correct to issue the enforcement order.
The final vote was 5-0.
The Khans' case rests in part on the distinction between renting an entire house and renting individual rooms.
Their July submission said the family rents the entire Pheasant Hill Drive home to families and does not separately rent rooms to guests, roomers or boarders.
The filing contends that West Hartford's ordinances contain no provision making a residential rental unlawful simply because it lasts fewer than 30 days.
The Khans also challenged the town's characterization of the use as comparable to a hotel.
They argued that the town's definition of a hotel concerns buildings containing rooms rented to guests, while their arrangement involves renting an entire single-family dwelling to one family at a time.
Their attorney further argued that the town's provisions concerning transient roomers and boarders apply to renting individual rooms within a dwelling, rather than the short-term rental of an entire house.
The property owners also cited Connecticut court decisions that they contend support their interpretation.
Among them was Instant Property Solutions, LLC v. Town of West Hartford Zoning Board of Appeals, another dispute over short-term rentals in West Hartford.
According to the Khans' filing, the Superior Court in that case reversed a ZBA decision after concluding that the town's regulations did not contain an explicit prohibition on short-term rentals of entire dwelling units.
The Khans also cited the Connecticut Supreme Court's Whibey v. Zoning Board of Appeals of the Pine Orchard Association decision, arguing that zoning authorities cannot impose a minimum rental duration when their regulations do not expressly contain one.
The ZBA nevertheless sided with the town's zoning enforcement officer after considering the testimony and evidence presented Sept. 16.
The property owners have now appealed the ZBA decision to Hartford Superior Court, asking a judge to overturn the board's action.
The lawsuit contends that the ZBA improperly interpreted West Hartford's zoning regulations and wrongly upheld the enforcement orders.
The case now shifts the dispute from West Hartford Town Hall to the courts, where the property owners are seeking reversal of the ZBA's decision.
The lawsuit contains the property owners' allegations and legal arguments.
The Sept. 16 vote establishes the ZBA's position on the enforcement appeal, but the court has not ruled on whether the town's interpretation of its zoning regulations is legally correct.
For all documents related to the Khans' applications, click on this link.
For the lawsuit filed against the town's ZBA, click on this link.
Sign up for free local newsletters and alerts for the
West Hartford Patch
Patch.com is the nationwide leader in hyperlocal news.
Visit Patch.com to find your town today.