Globes, Adv. Anat Birn, 27.04.2020

The pair of words " sheltered housing " is intended to make a good sense for every family that decides to move their elderly parents into sheltered housing - and for the elderly themselves.

The Corona epidemic has raised awareness of the living conditions of senior citizens in sheltered housing. Their disconnection from their family and the outside world, the shortage of staff and caregivers, the high level of contagion in these places and the large number of deceased cause immense concern among the elderly families and widespread public criticism.

But even before and after the Corona epidemic - it should be noted that the status of the elderly in sheltered housing is not properly regulated, and in fact their proprietary rights in the apartments they live in are not regulated as required, despite the amount of copies they transfer for the purpose of acquiring a right in the apartment and the current high monthly payments.

As part of my work, I became aware of the situation in which the owner of a sheltered housing seeks to enlarge the building, add floors and apartments, perform extensive construction work in the public areas, all with clear and tangible disruption to the public living in sheltered housing, which is actually a "captive audience". Protected housing tenants may find themselves living on a construction site, suffering from unbearable noise from drilling, wall-breaking, and dirt and debris, all without any directive in law, which requires the property owner to consider them.

To sharpen the gravity of the matter, we will compare the situation with the condominium owners. By law, floors or apartments cannot be added in the condominium without the consent of a high proportion of owners. The required rate of consent varies depending on whether it is construction by virtue of the 38th TAMA which involves strengthening the building, or ordinary building in a building that does not require reinforcement.

When it comes to construction evacuation projects, the state itself has set rules that must address individual needs of elderly tenants in order to preserve their rights. And now, when that elderly tenant sells his apartment and moves to live in a place called "Protected Housing," which is supposed to protect him in years when he needs protection most, he loses the status he has as his consent is needed for material changes to the protected housing structure.

Another example is outline plans that promote many companies to increase building rights and the addition of floors and apartments in existing sheltered housing. The Planning and Building Act does not allow a landowner to promote a plan if it could harm other landowners in that land. But the planning institutions do not treat the tenants of protected housing as landowners and therefore allow to submit and promote plans over their heads, and despite overwhelming opposition on their behalf to these building additions.

Another omission that concerns the lives of the elderly in sheltered housing is the lack of the obligation to build shelters in their dwellings. While in every new apartment, the law requires that shelters be built, precisely for sheltered housing there is no such requirement. It is assumed that designing protected spaces on the floor is sufficient, with the unclear assumption that the elderly will run there at lightning speed if needed.

Should an elderly man using a treadmill, a wheelchair, or a cane supported, be expected to leap out of his bed in a moment of alarm and fly into the comedic protected space? Why are the protection requirements for elderly people more lenient than the general protection requirements that apply to every apartment in the State of Israel?
Precisely during the Corona period, the competent authorities must conduct a mental and revision account in all legislation defining the rights of the elderly in sheltered housing - the time has come to protect their rights and give them the status and conditions they are entitled to.