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Honoring our elders — והדרת פני זקן
Sadly, some participants in renewal projects treat the older residents as a burden, or as refusers standing against the majority's will. That attitude is mistaken. A guiding rule for succeeding in life: step for a moment into the other side's shoes. Many elders have lived most of their lives in that old building — for some it is the landscape of their childhood. Change at an advanced age can be stressful, above all in the safest place they have: their home. So before rushing to objections and 'refusing resident' procedures — listen. Understand the needs and the fears. You may find the gaps are not that large, and that the journey is far better traveled in cooperation and kindness.
Who counts as an elder?
The right divides into two categories by the owner's age — 70+ and 75+ — for an owner who lived in the apartment for at least two years at the signing of the building's first renewal deal.
What is the elder entitled to?
At 70+/75+, the developer must offer the 'compensation apartment' — a home in the renewed building. Beyond it: for a 70+ owner the developer must offer at least one of the following three (developer's choice); for a 75+ owner the developer MUST offer the choice among Alternative 1's options (and may add alternatives 2–3):
- Alternative 1.1 — moving to a retirement residence, with the difference to the compensation apartment's value paid in cash;
- Alternative 1.2 — purchase of an alternative apartment at the compensation apartment's value, located as near as possible to the elder's home if requested;
- Alternative 1.3 — a cash amount at the compensation apartment's value, for the owner to buy an alternative apartment with all or most of it.
Why respect matters — legally too
The law lets the developer offer elders these dedicated alternatives — but if the developer failed to put before the elderly owner the alternatives they are entitled to, the elder may refuse to join the project, and the refusal is deemed REASONABLE. (An owner may refuse a renewal deal for reasonable grounds and in effect hold the project back; where a court finds the refusal unreasonable, it may charge the refuser with compensating the other owners.)
Owners in an old building? Come set urban renewal in motion — with patience and respect for every resident. We represent hundreds of owners, idea to key.
The above is initial information only and does not constitute legal advice or a substitute for it. Consult an attorney who practices in the field before taking any action.
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Informations générales, sans valeur de conseil juridique.