
No. 39 April
1999
Summary of Policy
Study
ISRAEL’S TENANT PROTECTION LAW (RENT
CONTROL)
By Ehud Menirav
The Israeli economy is characterized by
extensive government intervention relative to developed Western countries. Government
involvement does not stop at direct intervention through the state budget, i.e.
tax collection, public consumption and transfer payments. The State also
intervenes by means of legislation and regulations which are not in the budget
and which restrict economic freedom. The Tenant Protection Law is an extreme
instance of such legislation. As will be demonstrated in this study, the
Israeli government has impaired the functioning of the private rental market
and permitted the milking of property owners who rent out apartments and
business premises. This situation has existed for the past 70 years, since the
British Mandate, and has been the policy of all Israeli governments since then,
regardless of which party was in power. This policy has been executed in broad
daylight and with clear intent.
The Tenant Protection Law in Israel is based on state coercion of a specific financial relationship between property owners and tenants leasing the property. Protected tenants under the law enjoy three benefits: a) their rent is regulated by the government and represents only 10-20 percent of the market price; b) they are protected from eviction even after the rental contract has elapsed; and c) they are entitled to transfer their rights to other tenants and to receive substantial compensation in return.
According
to the latest government survey conducted in 1992-1993, there are 38,000
protected apartments and business premises located in 6,500 buildings. Of
these, about 23,000 apartments are designated as residences, and represent 1.5
percent of all housing units in Israel. Figure 1 represents the distribution of
protected housing, according to type and ownership.
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