What the tenant should get when disaster destroys a building

Question: What would happen to my one-year lease if some disaster destroyed my apartment building? How would I be compensated for my property inside the unit?

Answer: If a fire, flood or earthquake destroys the premises that you rent, your rental obligation ends, despite the existence of an unexpired lease. You would be entitled to have your full security deposit refunded, as long as the fire or other event was not caused by your negligence.

The landlord would not owe you any further compensation such as relocation expenses or reimbursement for your lost personal belongings. The only exception would be if the event was caused by, or magnified by, some negligence on the part of the landlord, such as inadequate electrical wiring causing the fire.

One alternative for protecting your property would be to obtain renter’s insurance, but you would need to be very careful to determine whether some natural disasters such as earthquakes or floods are excluded from protection.

Christmas party may be a problem

Question: Last December several tenants put a notice in the community room inviting the residents to a “Christmas party” at a building I manage. A tenant complained that not everyone celebrates Christmas so the room should not be used for this purpose. How do I handle this matter in the future so there is no hint of discrimination?

Answer: Common rooms in large housing complexes can be used for many types of activities, some of which are exclusive in some way, such as a birthday party for close friends only. However, a Christmas party could be viewed as being limited to certain residents based on religion. Religious discrimination is prohibited under California and federal fair housing laws.

The distinction in this case is that the Christmas party was hosted by tenants -- not by the management. If it were a management-sponsored event, a Christmas party could be considered a form of religious discrimination, and it would be recommended to use the words “holiday party.”

If people of other religions are not turned away or discouraged from attending, the party would be OK.

If you have experienced religious discrimination in housing, please call Project Sentinel at (888) FAIR-HOUSING or your local fair housing agency.

Access denied for disabled woman

Question: I rented a house that has a side door entrance near the garage and driveway because I am disabled and need to avoid long walks and stairs. The property owner has given me a notice saying I can no longer use the side door as an entrance. What are my rights?

Answer: You should notify your property owner of your disability and ask for what is known as a reasonable accommodation.

Federal and state fair housing laws prohibit discrimination based on disability, and discrimination against people with disabilities is specifically defined to include “a refusal to make reasonable accommodations in rules, practices or services when such accommodations may be necessary to afford such persons equal opportunity to use and enjoy a dwelling.”

Based on the needs of your specific disability and absent a legitimate, compelling reason supporting the landlord’s position, your property owner should make an exception to his or her policy of not allowing tenants to use the side door.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually. For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Southern California Housing Rights Center at (800) 477-5977.