A local court in Hadera issued an order last week prohibiting the short-term rental of a luxury penthouse in the city through Airbnb, ruling that the owners lack the necessary permit for non-residential use. Judge Eran Zeller determined that without a permit for the deviation in use, the property owners cannot continue renting the penthouse to temporary visitors.
The property in question, located on Menachem Begin Street, features a swimming pool and had been listed on Airbnb for short-term stays. According to zoning regulations, the penthouse is designated for residential purposes only.
However, the local planning and construction committee in Hadera filed a complaint after discovering that the owners had been renting the property to visitors for the past two years without the required permit.
The committee argued that the owners were operating in violation of the zoning plan and building permit, having never received approval for the change in use. They presented evidence from the Airbnb Israel website, showing the penthouse advertised as a “luxury penthouse with a pool,” along with 63 positive reviews.
In their defense, the owners claimed selective enforcement, noting that many properties in the area were similarly rented without facing legal action. They also said they had taken steps to reduce disturbances to neighbors, including placing tennis balls on the legs of chairs to prevent noise from dragging. Additionally, they argued that they were unaware short-term rentals were prohibited and relied on the income to cover mortgage payments.
Judge Zeller rejected these arguments, ruling that the owners had clearly violated the zoning regulations, which specify the property’s use for residential purposes only. He added that efforts to minimize disturbance to neighbors did not address the core issue of unauthorized use. “The respondents missed the essence of the case,” he said. “The question of neighbor disturbance is not the determining factor but rather an evidentiary indication of the illegal use.”
Attorney Yaakov LangePhoto: Irena RubinThe court also dismissed the claim of selective enforcement, with Zeller noting that even if other properties in the area were operating similarly, this did not justify the violation. He emphasized that planning authorities have the right to enforce regulations selectively due to limited resources.
The court granted the committee’s request for an injunction prohibiting the short-term rental of the penthouse, with Israeli police authorized to assist in enforcing the order if necessary. The property owners were also ordered to pay 3,000 shekels ($780) in court costs.
Get the Ynetnews app on your smartphone: