Israeli Housing Company Amidar Ordered to Compensate Tenant for Water Damage and Distress
The Magistrate's Court in Kfar Saba ruled this week that Amidar, the Israeli public housing company, must pay 38,000 shekels to a tenant who suffered water damage and emotional distress caused by a leak originating from the apartment above, owned by Amidar. Judge Itai Regev dismissed Amidar's defense that it was not responsible because the upper apartment was occupied by an unauthorized resident.
The plaintiff, described as an elderly, disabled, welfare-dependent, and seriously ill woman, filed the lawsuit in February 2022 through attorney Ram Gelboah. She reported persistent water dripping from the ceiling, forcing her to place buckets to collect the water, which led to yellow mold developing in her bathroom and dining area. Despite repeated complaints, Amidar failed to adequately address the issue until the neighbor, described as mentally ill and hostile, had the leak repaired by his brother.
Amidar, represented by attorney Lital Narkis, denied liability and called the lawsuit vexatious, arguing no active leak was proven and that the presence of an unauthorized occupant hindered access for repairs. However, Judge Regev found the evidence, including photos and a court-appointed expert's report, confirmed a burst water pipe in the upper apartment caused the damage. The court held Amidar responsible for the damages and rejected the claim that the tenant's refusal to cooperate absolved Amidar of liability, stating the company had a legal and contractual duty to ensure access for repairs.
In addition to compensation for the physical damage, the court awarded the tenant a separate sum for emotional distress caused by the prolonged water damage and mold, emphasizing that such defects cause significant suffering and ongoing frustration. The total compensation includes repair costs, non-monetary damages, and legal fees. This ruling underscores the responsibility of housing authorities to maintain properties and address tenant complaints promptly, regardless of occupancy complications.
