Lisa Khan and Alexander Khan have now filed a complaint in Superior Court after West Hartford’s Zoning Board of Appeals voted to dismiss their appeal of a zoning officer’s decision that they cease operating 39 Pheasant Hill Drive as a short-term rental property.

By Ronni Newton

Lisa Khan and her son, Alexander Khan, and the entity Rolak LLC – the business under which they originally purchased property at 39 Pheasant Hill Drive in West Hartford in January 2026 – filed a complaint dated Sept. 30, 2026, in Superior Court in Hartford appealing a Sept. 16, 2026 decision of the West Hartford Zoning Board of Appeals.

After a nearly three-hour hearing concluded on Sept. 16, all members of the Zoning Board of Appeals voted unanimously to dismiss the Khan’s appeal of an enforcement order issued by Zoning Officer Sam Santaniello in May 2026 requesting that they “cease and desist” operating the 39 Pheasant Hill Road property as a short-term rental because such use is a violation of the town’s zoning ordinances 177-6(B) and 177-6(C).

After Santaniello issued enforcement orders dated May 18, 2026 and May 28, 2026 to prevent the use of the Pheasant Hill property for short-term rentals, the Khans filed an appeal through the town’s Zoning Board of Appeals.

The town asserted that the property was not being used as dwelling, but rather as a hotel – a use not permitted in the R-10 zone in which 39 Pheasant Hill Drive is located.

Signs against Airbnbs are posted near 39 Pheasant Hill Drive. Photo credit: Ronni Newton

The complaint filed with Superior Court states that that in its dismissal of the Khan’s appeal on Sept. 16, West Hartford ZBA “acted contrary to its own regulations and acted improperly,” stating in part that the ZBA failed to “correctly interpret pertinent sections” of zoning regulations, “improperly determined that Plaintiffs did not have the right to continue its use of its properties for the purpose of short-term rentals,” and “failed to cite any substantial pertinent evidence in the Record to support its decision.”

The Khan’s complaint requests that the court sustain their appeal to the ZBA, and that the ZBA’s Sept. 16 decision “be null and void.” The complaint also requests that they continue to be allowed to use the property as a short-term rental, and that the enforcement order to cease and desist be vacated. It also requests that they be awarded “costs as provided by law.”

In a statement provided to We-Ha.com on Wednesday, West Hartford Corporation Counsel Dallas Dodge said: “The Town remains confident in its position that short-term rental occupancies, such as those offered through Airbnb and similar platforms, constitute commercial, hotel-like uses that are not permitted in West Hartford’s residential zones. The Town will continue to vigorously defend that interpretation through the judicial process and pursue all available avenues of appeal.”

A handwritten document, filed by the Khans as the initial appeal of Santaniello’s enforcement order, stated: “We purchased 39 Pheasant Hill following the court decision in Instant Property Solutions LLC v. the Town of WH ZBA, and in reliance upon that court decision legalizing STRs in WH. To date that decision is in effect and the controlling order regarding STRs. Sam [Santaniello, the zoning enforcement officer] noted that 39 Pheasant Hill is in a different zone (10 vs. 3) than the Instant Property but that is not what the court’s order depended upon. It applies to All homes in WH as there is no 30-day language in ordinance.” [Note: The zones referenced in the initial appeal are R-10, which is single-family residential, while the Raymond Road properties owned by the plaintiff in the Instant Property Solutions case are in an RM-3, multi-family residence zone.] A supplemental narrative addressing the appeal was provided by attorney Forrest Noirot of Hassett & George on July 10.

The referenced “Instant Property Solutions” case involves four homes located at 136 through 152-154 Raymond Road. Mark Chu of Farmington, principal of Instant Property Solutions, continues to operate those properties as short-term rentals following an Oct. 31, 2025 ruling in Connecticut Superior Court. The court in part noted that the town’s existing schedule of permitted accessory uses, which allow “keeping of not more than 3 nontransient roomers or boarders in any dwelling unit,” is ambiguous. The town has petitioned for review of that decision, and is awaiting further action in Appellate Court.

When the ZBA met in Town Council Chambers on Sept. 16 to review the Khan’s appeal there was a standing-room crowd that included many residents from Pheasant Hill Drive and surrounding streets – some of whom had submitted testimony via email. In anticipation of the hearing, many yards on Pheasant Hill Drive and other area properties had posted signs urging the public to speak up against Airbnbs in the neighborhood.

Several neighbors testified at the Sept. 16 hearing that guests at 39 Pheasant Hill have had parties, and caused disruption in various ways to the residential street near Duffy Elementary School.

“Overall we have observed over 225 guests staying at the property and over 110 vehicles from 20 different states,” not including the guests of guests or parties, said Robert Miller, who lives across the street. “The frequency of guests has resulted in disruption and altered the residential character of the neighborhood,” he said. Miller said “unfamiliar guests” have come onto his property, they have conducted activities in the street, there and there has been yelling and speeding. He also observed a female guest “who has various male visitors who stop by individually for about an hour,” and said the female has been “seen outside the property wearing what may be described as bedroom attire.” Taken together, he said, the incidents are not minor.

“My family chose to live in this neighborhood because of its residential character. We believe that the town’s zoning regulations are important for preserving that character,” Miller said.

Following the ZBA hearing, area residents have posted new signs along Pheasant Hill Drive and other nearby streets stating: “No to Airbnbs in our neighborhood.”

Signs against Airbnbs are posted along Pheasant Hill Drive. Photo credit: Ronni Newton

The Town Council has not had any further formal review of a short-term rental ordinance since a very rough draft was reviewed by the Finance and Administration Committee in January.

The Superior Court’s decision on the Instant Property Solutions case is not binding on the town while the decision is being appealed, West Hartford Deputy Corporation Counsel Gina Varano said at the ZBA hearing.

According to Varano, the property is permitted to be used for short-term rental while that appeal is being considered. The property backs up to Rockledge Golf Course and is listed on the rolakresorts.com website as “Nineteenth Hole.” As of Oct. 7, 2026, the listing remained active.

“The Town may consider whether to permit short-term rentals in the future under a limited and carefully regulated framework in the future,” Dodge said in a statement Wednesday. “Any such policy discussion, however, is unlikely to occur until the courts have issued a final, unappealable decision regarding the Town’s existing zoning regulations. Until that process is complete, the Town remains focused on defending and enforcing its current regulations.”

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