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Nihar Desai, Trustee of the Hemangini Revocable Trust Dated 1/21/05 v. the City of Los Angeles

April 29, 2013

NIHAR DESAI, TRUSTEE OF THE HEMANGINI REVOCABLE TRUST DATED 1/21/05 AND DBA THE ALAMEDA HOTEL, PLAINTIFF,
v.
THE CITY OF LOS ANGELES, A MUNICIPAL CORPORATION; LOS ANGELES HOUSING DEPARTMENT; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Dale S. Fischer United States District Judge

FINDINGS OF FACT AND CONCLUSIONS OF LAW

FINDINGS OF FACT*fn1

City Application of the Residential Hotel Ordinance to Alameda Hotel

1. The building located at 1050 Alameda Street, Wilmington, CA 90744-3842, Assessor Parcel Number 7425-041-001 is called the "Alameda Hotel."

2. The Alameda Hotel is owned by the 2005 Hemangini Revocable Trust. Plaintiff Nihar Desai is the Trustee.

3. The Alameda Hotel is located in an M-3 heavy industrial zone.

4. A certificate of occupancy ("COO") of November 19, 1976 for the Alameda Hotel states it has a legal use as a 1-Story, TYPE V, 75' X 125' LIGHT HOUSEKEEPING (18 ROOMS) CONVERTED FROM 18 GUEST ROOMS H-2 OCCUPANCY. NO PARKING INDICATED ON C/O (emphasis in original).

5. There is no evidence that Plaintiff ever filed with the City a Notice of Intent To Withdraw Rental Units From Housing Market.

6. There is no evidence that Plaintiff ever filed or obtained a permit to demolish the Alameda Hotel.

7. There is no evidence that Plaintiff ever filed a report under the California Environmental Quality Act relating to a proposed change in the use of the Alameda Hotel.

8. There is no evidence that the City ever took any action to compel Plaintiff to rent or lease any of the rental units at the Alameda Hotel.

9. The Alameda Hotel is located within the City of Los Angeles, which has a population of over 1,000,000 people.

LAHD's Residential Hotel Status Determination

10. On September 5, 2008, the Los Angeles Housing Department ("LAHD") notified Plaintiff that the Alameda Hotel was designated as a residential hotel ("RH") under LAMC Chapter IV, Article 7.1. AR 2-3 ("RH Status Determination").

11. The RH Status Determination letter advised Plaintiff that "You have sixty (60) days from the date of this notification to file an appeal. Failure to file an appeal shall result in your waiver of all rights and abilities to challenge LAHD's determination." AR 2.

12. Plaintiff did not appeal the RH Status Determination within 60 days. See Complaint ¶ 13.

LAHD's Residential Hotel Unit Determination

13. On November 30, 2009, LAHD notified Plaintiff that it had determined, based on available information, that the Alameda Hotel had 18 residential units and was provided a copy of the RHO and an appeal form. AR 47-48 ("RH Unit Determination").

14. Plaintiff never filed a Claim of Exemption from the RHO with LAHD. Plaintiff's Appeal of ...


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