Haig v. Hogan

McCOMB, J.

From a judgment in favor of plaintiff after trial before the court without a jury in an action for unlawful detainer defendant, Patricia Noblesse Hogan, appeals.

The facts are these:

The property herein involved consists of a dwelling used for housing accommodations. Prior to 1942, it was sold to

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the State of California because the taxes assessed against it had become delinquent. After 1942, defendant entered into two leases concerning the property, one lease being with the controller of the State of California, and the other lease being with a former title holder of the premises. Defendant went into possession of the premises under these leases.

On February 11, 1946, defendant entered into an agreement with the city of Los Angeles wherein she was recognized as the tenant in occupancy of the premises, and agreed that she would vacate them within 90 days after demand for possession. On February 20, 1946, the city of Los Angeles, at an auction sale, sold the property to plaintiff, and thereafter on February 25, 1946, the State of California deeded it to the city of Los Angeles and cancelled the lease. Defendant was given notice of the sale of the property to plaintiff and demand was made for possession.

Defendant has not paid any rent to plaintiff, and on May 31, 1946, a three-day notice to vacate the property was served upon defendant. Upon defendant’s refusal to vacate it, the present action was commenced. The property was located in an “R-l” zone which permits use for single family residence only. Defendant, in violation of the zoning ordinance, operated the premises as a hotel, rooming and boarding house.

There are two questions presented for our determination:

First:

Was plaintiff entitled to maintain the unlawful detainer action without complying with the federal rent regulations?

This question must be answered in the affirmative. Under the federal rent control laws, it was unnecessary to comply with the provisions of the acts mentioned by defendant before bringing an action of unlawful detainer if the party in possession was using the housing accommodations for an illegal purpose. (§ 6a (3) (ii) of the Rent Regulations for Housing.)