West Hartford, CT Accessory Structures: ADU Rental Restrictions (2026)

Section 177-23.1A(11) requires the owner of any property containing an accessory dwelling unit that is rented for income to file an affidavit with the Town Planner on or before December 31 of each year. The affidavit must certify that either the principal dwelling or the accessory dwelling unit is owner-occupied, which is the standing condition set in the immediately preceding Subsection A(10). This yearly filing is the Town's compliance check on rental accessory dwelling units: it converts a one-time zoning condition, checked only at the time of site plan approval under Section 177-42B, into an ongoing annual certification that the Town Planner can rely on without inspecting every property each year.

The requirement applies specifically when the unit is rented for income; an accessory dwelling unit occupied by a family member rent-free, or one where the owner occupies the accessory unit itself while renting the main house, still falls under the same annual filing because the underlying owner-occupancy condition never lapses. Failure to file, or filing an affidavit that misstates occupancy, exposes the owner to the same Chapter 177 enforcement and penalty provisions that apply to every other zoning violation in the accessory dwelling unit program overseen by the Zoning Enforcement Officer.