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People v. Venice Suites, LLC, 71 Cal.App.5th 715 (2021)
<br />286 Cal.Rptr.3d 598, 21 Cal. Daily Op. Serv. 11,565, 2021 Daily Journal D.A.R. 11,835
<br />housed or detained under legal restraint. (Amended by Ord.
<br />No. 138,685, Eff. 7/10/69.)
<br />RESIDENTIAL BUILDING. A building or portion
<br />thereof designed or used for human habitation. (Added by
<br />Ord. No. 107,884, Eff. 9/23/56.)
<br />*729 SUITE. A group of habitable rooms designed as a
<br />unit, and occupied by only one family, but not including
<br />a kitchen or other facilities for the preparation of food,
<br />with entrances and exits which are common to all rooms
<br />comprising the **608 suite. (Added by Ord. No. 138,685,
<br />Eff. 7/10/69.)
<br />TENANT. A person who rents, leases or sub -leases,
<br />through either a written or oral agreement, residential real
<br />property from another. (Added by Ord. No. 151,432, Eff.
<br />10/12/78.)
<br />TRANSIENT OCCUPANCY RESIDENTIAL
<br />STRUCTURE [TORS]. A residential building designed or
<br />used for one or more dwelling units or a combination of
<br />three or more dwelling units and not more than five guest
<br />rooms or suites of rooms wherein occupancy, by any person
<br />by reason of concession, permit, right of access, license, or
<br />other agreement is for a period of 30 consecutive calendar
<br />days or less, counting portions of calendar days as full days.
<br />(Added by Ord. No 167,689, Eff. 5/9/92.)
<br />LAMC section 12.10 lists the uses permitted in a R3
<br />Multiple Dwelling Zone, including Apartment Houses, any
<br />use permitted in the "R2" two—family zone, group dwellings,
<br />multiple dwellings, boarding houses, rooming houses or light
<br />housekeeping houses, child care facilities for not more than 20
<br />children, senior independent housing, and assisted living care
<br />housing. (LAMC, § 12.10(A).) LAMC section 12.10 further
<br />specifies that all uses not expressly permitted are prohibited.
<br />2. The RSO
<br />The RSO was enacted "to regulate rents so as to safeguard
<br />tenants from excessive rent increases, while at the same time
<br />providing landlords with just and reasonable returns from
<br />their rental units." (LAMC, § 151.01.) The RSO specifies that
<br />if a term is not defined within the RSO, the term "shall be
<br />construed as defined in Sections 12.03 [in the Zoning Code]
<br />and 152.02 of this Code ...... (LAMC, § 151.02.)
<br />Rental Units. (Amended by Ord. No. 157,385, Eff.
<br />1/24/83.) All dwelling units, efficiency dwelling units,
<br />guest rooms, and suites, as defined in Section 12.03 of
<br />this Code, and all housing accommodations ... in the City
<br />of Los Angeles, rented or offered for rent for living or
<br />dwelling purposes, the land and buildings appurtenant
<br />thereto, and all housing services, privileges, furnishings
<br />and facilities supplied in connection with the use or
<br />occupancy thereof, including garage and parking facilities.
<br />(Sentence Amended by Ord. No. 170,445, Eff. 5/6/95,
<br />Oper. 7/5/95.) ... The term shall not include:
<br />[¶] ... IT]
<br />*730 2. (Amended by Ord. No. 176,472, Eff. 3/26/05.)
<br />Housing accommodations in hotels, motels, inns, tourist
<br />homes and boarding and rooming houses, provided that
<br />at such time as an accommodation has been occupied as
<br />the primary residence of one or more of the same tenants
<br />for any period more than 30 days such accommodation
<br />shall become a rental unit subject to the provisions of
<br />this chapter.
<br />Tenant. A tenant, subtenant, lessee, sublessee or any
<br />other person entitled to use or occupancy of a rental unit.
<br />(LAMC, § 151.02.)
<br />3. The TOT
<br />The Uniform Transient Occupancy Tax Ordinance of The
<br />City of Los Angeles (TOT) sets forth the tax rate imposed
<br />on a "transient" for occupancy of a hotel room. (See LAMC,
<br />§ 21.7.3.) It provides the following pertinent definitions in
<br />LAMC section 21.7.2:
<br />(b) Hotel. "Hotel" means any structure, or any portion of
<br />any structure, which is occupied or intended or designed for
<br />occupancy by transients for dwelling, lodging or sleeping
<br />purposes, **609 and includes any hotel, inn, tourist
<br />home or house, ... apartment house, dormitory, public or
<br />private club, or other similar structure or portion thereof, ...
<br />are occupied or intended or designed for occupancy by
<br />transients for dwelling, lodging or sleeping purposes.
<br />(Amended by Ord. No. 185,931, Eff. 7/l/19.)
<br />(d) Transient. (Amended by Ord. No. 164,961, Eff.
<br />7/24/89, Oper. 8/l/89.) "Transient" means: [¶] ... [¶] 2.
<br />Any individual who personally exercises occupancy or is
<br />entitled to occupancy by reason of concession, permit,
<br />right of access, license or other agreement, for a period
<br />of 30 consecutive calendar days or less, counting portions
<br />of calendar days as full days. Any such individual so
<br />occupying space in a hotel shall be deemed to be a transient
<br />until the period of 30 days has expired unless there is
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