‘House Arrest’ Sentence Given to Beverly Hills Landlord Is Upheld

A novel 1985 sentence ordering neurosurgeon Milton Avol of Beverly Hills to spend 30 days in jail and 30 days under “house arrest� in one of his run-down buildings was upheld Wednesday by an appeals court.

“We have no doubt that a condition of probation which requires defendant to live in residential property which he himself owns but which he has failed to maintain in a lawful manner is reasonably related to the nature of the conviction and the rehabilitation of the offender,� the appellate department of the Los Angeles Superior Court said in a nine-page opinion that will be published.

Such published opinions are rare and are subject to review by the state Court of Appeal, but Avol’s attorney, Dennis A. Fischer, said it is unlikely that the higher court will consider the case.

Although the three-judge panel did not say when Avol, 63, must begin serving his sentence, Deputy City Atty. Stephanie Sautner said that if no further review is granted, the defendant will be ordered to appear in court within a month and will then be sent to jail.

The sentence was imposed in June, 1985, by Los Angeles Municipal Judge Veronica Simmons McBeth after she ruled that Avol had violated terms of his probation in an earlier case by failing to bring two properties into compliance with safety, fire and health code standards.