Jerusalem Residents Sue Judge for Blocking Vital Urban Renewal Over Sukkah Balcony Demand

A group of 42 residents from the Beit HaKerem neighborhood in Jerusalem has filed a 3 million shekel lawsuit against Sarah Breiner, president of the Regional Labor Court, accusing her of obstructing a crucial urban renewal project. The dispute centers on Breiner's insistence on securing a private sukkah balcony for her apartment, which the residents claim is delaying the demolition and reconstruction of two old buildings into a modern complex with 124 apartments.

Currently, the site contains 41 outdated apartments lacking protected spaces and basic infrastructure. The redevelopment plan promises residents larger apartments with at least 25 square meters more space, including a reinforced security room and parking, at no additional cost. Approximately 85% of property owners have already signed agreements with the developer.

The lawsuit alleges that Breiner's demands, including recognition of her sukkah balcony rights due to her apartment’s proximity to a shared garden, opposition to non-indexed rent payments during eviction, requests to appeal appraiser decisions, and objections to parallel agreements, are unreasonable and cause significant project delays. The plaintiffs warn that the delay not only causes an estimated 35 million shekels in economic damage but also endangers residents’ lives due to the buildings’ vulnerability to missile attacks and earthquakes.

The court has yet to hear Breiner’s full response. The plaintiffs seek a declaratory judgment that her refusal is unreasonable, authorization to appoint a proxy to sign necessary documents on her behalf, and transfer of the case to another jurisdiction for fairness. The issue of sukkah balconies has gained legal attention recently, with legislative changes allowing local committees to approve open sukkah balconies beyond building rights and size limits.

Court spokespeople stated that a full response will be provided during the legal proceedings.