Petition to Supreme Court Challenges New Housing Lottery Rules Affecting Married Women

A 352-page petition was filed with Israel’s Supreme Court against the new eligibility rules for the “Dira Behanacha” subsidized housing program. The petition, submitted against the government of Israel, the Israel Land Council and the Housing and Construction Ministry by the groups “Emet LeYaaqov BeYisrael” and “Shemura,” through attorney Rivka Dagan, asks for an urgent interim order to freeze the rules before registration closes for the 11th lottery on June 22.

At the center of the case is a rule that ties a married woman’s eligibility to her husband’s conscription status. If the husband is defined as not having fulfilled his military draft obligation, the woman loses her right to join the program, regardless of her own circumstances. The petitioners argue this violates constitutional principles by treating a woman as an extension of her husband, not as an independent legal person, and effectively imposes a “marriage penalty” only on married women, while single, divorced, or unmarried women would keep the benefit.

The petition says the new policy conflicts with established Israeli legal principles, including tax law, where spouses can prove separate property and be treated independently. It also cites Supreme Court rulings on demolishing terrorists’ homes, arguing that even in severe security cases the court requires an individual review of harm to uninvolved family members. The petitioners say there is no justification for a blanket sanction on a woman and her children because of the husband’s status.

The filing also attacks the process behind the decision, saying it was approved in under a month after the High Court’s ruling, without sufficient staff work, despite warnings from professional officials. According to the petition, the Finance Ministry acknowledged the aim was to reduce household income, the Economy Ministry warned of harm to third parties, and the Housing Ministry itself said the move might not survive judicial review. The petition asks for immediate relief so women can register for the upcoming lottery without the new restrictions, or alternatively for an individual review mechanism, such as proof of separate property, instead of automatic disqualification.