Calderone

This appeal arises out of an unlawful detainer action brought in the municipal court. It is before us on transfer from the Appellate Department of the Los Angeles Superior Court, pursuant to rule 62(a) of the California Rules of Court.

Plaintiff is the owner of a duplex located in the City of Los Angeles. She occupies one unit of the building and rents the second unit to defendants. Defendants’ tenancy began in August 1977. On May 1, 1980, plaintiff notified them that she was increasing their rent by 7 percent. Defendants refused to pay the rent increase, telling plaintiff that the Los Angeles Rent Stabilization Ordinance (hereinafter Ordinance) prohibited her raising their rent until August 1980. Plaintiff refused tenders of rent payments which did not include the 7 percent increase. Upon defendants’ continued refusal to pay the increase, plaintiff filed her unlawful detainer action.

Defendants challenged the habitability of their apartment; but the crux of the trial involved the issue of whether duplexes are subject to •the regulations of the Ordinance. (Los Angeles Mun. Code, §§ 151.00-151.15) The trial court held that duplexes were not covered by the Ordinance and…