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Tel Aviv: Because of one refusal, a huge housing project got stuck
The Tel Aviv Magistrate's Court ruled that a verdict to evict a reluctant family from their home - is null and void, and a project of 8,000 units will not be launched. Thousands of housing units?
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Construction evacuation
David Rosenthal
Monday, 19 July 2021, 09:03 Updated: 09:59
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Following a large-scale 'evacuation construction' plan planned in the Ezra neighborhood of Tel Aviv, in which about 8,000 new housing units are to be built, Amidar ordered couples entitled to public housing, who have been renting in the neighborhood since 1992, to vacate their apartments immediately. And move to alternative housing. The tenants did not respond to it, and therefore Amidar filed a lawsuit to evict them.
In Amidar's lawsuit against the couple, it was alleged that the two were offered several options by the Ministry of Housing, but they chose to reject all of them. Thus, it was alleged, the defendants were offered to move to another apartment in public housing; To find an apartment in a locality that does not cost more than NIS 1.6 million, which will be purchased by the Ministry of Construction and Housing, and the defendants will rent public housing there; Or move to another apartment in public housing for a limited period until the construction of the building on the street where they live is completed, and then get a new apartment in a new building, also in public housing.
"The defendants refuse the offers and insist that the Ministry of Housing purchase an apartment for them and transfer it to their ownership," it was alleged in the lawsuit filed by Amidar against the couple.
"This conduct of the defendants is nothing but bullying in its name."
Therefore, Amidar demanded in its lawsuit that the court order the couple to vacate their apartment and return it to the company when it is free of any person or object, as well as to pay Amidar legal expenses.
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Is the issue resolvable?
Tenants' lawyer claims yes (Photo: ShutterStock)
The couple did not appear for a hearing in the court that heard their case, and it ruled, on the one hand, that the couple must vacate the apartment immediately, and that they must also pay legal expenses to Amidar. An enforcement case was subsequently opened against the couple due to non-payment of the expenses to Amidar.
Advocate Guy Beit On, representing the couple, recently submitted to the Tel Aviv Magistrate's Court a request to set aside the judgment against the couple, a request to delay evictions from the apartment, and a request to freeze the execution case opened against the couple.
According to Adv. Beit On, the notice of filing the lawsuit against the couple, and the notice of receipt of the verdict in their case, were hidden from them; Amidar did not give them lawful notices about the opening of the proceedings, thus preventing them from commenting on its claims. Beit On, because the ruling obtained in the case of the couple - is affected by the lack of legality, and violates their rights granted to them by law. According to him, the eviction of spouses from their apartment constitutes a punitive step that was not included in the contract signed by the parties: fair.
According to Adv. Beit On, the couple is protected under two laws that Amidar and the Ministry of Housing completely ignored: the Public Housing Tenant Law and the Public Housing Law Purchase Rights - under which the contract for public housing that the couple signed with Amidar in 1992. These laws give the couple many rights, and on the other hand, prohibit the authorities from acting against them in violation of the law - as reflected in the efforts of the Ministry of Housing and Amidar to evict them from their homes. They were misled when they were told, back in 2013, that they were not sheltered under the Public Housing Act, and therefore were not entitled to purchase their apartment at a reduced price. This, he said, was a serious deception. Like their neighbors, to purchase their apartment in accordance with their eligibility - the whole problem of their eviction today would have been solved automatically, "claims Adv. Beit On.
Claim for material irregularities.
Adv. Guy Beit On (Photo: Roni Inkowitz)
These days, and after reviewing the applications filed by Adv. Beit On, Senior Registrar Aryeh Dorni-Doron of the Tel Aviv Magistrate's Court ruled that the ruling that the family should vacate her home be overturned, subject to her paying Amidar court costs in the amount of NIS 1,200.
In his decision, Senior Registrar Dorny-Doron stated: "At this stage it is not possible to reach an unequivocal conclusion that the applicants have no chance of succeeding in the proceedings (it is enough for the applicant to see that his defense is possible and hearing his position may lead to a different result than given). Constitutes a certain negligence, does not amount to an inadvertent disregard of the proceedings and their duty to the opposing party, as well as taking into account the known importance of exercising the right of access to the courts, and the plaintiffs' right to decide the dispute between the opposing party Of eviction of a family from a residence, and the priority for the court to control rights, and its contribution to solutions in this context - the judgment will be revoked subject to payment of expenses in favor of the plaintiff, amounting to NIS 1,200, all until 1.9.21 and attaching a letter of defense 1.9.2021 ".
About two weeks before this decision regarding the reversal of the ruling, Senior Registrar Doron Dorni ordered that the execution case against the couple be frozen - until their case is clarified.
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