Admissions Committee of Moshav Nevatim Rejects Arab Bedouin Family Request to Move into House Rented from Jewish Family

The Admissions Committee of Moshav Nevatim, an “agricultural village” located south of the city of Beer el-Sabe (Beer Sheva) in the Naqab (Negev) announced by letter dated 22 April 2010 that it had rejected a request by the Tarabeens, an Arab Bedouin family, to live in the house they have rented from the Zakais, a Jewish family, in the moshav. According to the committee, the Tarabeen family was “incompatible with the community”. The Tarabeen family is the first Arab family to try to rent a house in the moshav. Adalah will continue legal proceedings in the District Court against the committee's decision to demonstrate that the rejection was based discriminatory considerations.

Adalah Attorney Alaa Mahajnah, who is representing both families, stated that the committee's decision was not surprising given the clear indications of the moshav, its management and its admissions committee to prevent the short-term, one-year rental since 2007. This rental marked the first time that the moshav had subjected potential tenants to an admissions committee. Furthermore, whereas meetings with admissions committees for people who wish to purchase a property are generally composed of three members, in the case of the Tarabeen family the committee had ten members. The committee directed questions to the family that were unrelated to the issue of house rental.

Although the rental request was submitted only in the name of Mrs. Tarabeen, the admissions committee insisted on also meeting with her husband and asked him to bring a criminal record certificate from the police. Despite the admissions committee’s prior announcement that it would not allow the attorneys of either party to participate in the meeting, the moshav lawyer’s was in fact present. Following a lengthy discussion, the admissions committee also allowed Attorney Mahajnah to enter the meeting to accompany the Tarabeen family. However, when he attempted to clarify some points on behalf of the Tarabeens, the moshav’s lawyer began to shout and make rude and inappropriate remarks. As a result, the meeting was stopped and the attorneys were asked to leave the meeting.

In March 2010, the Supreme Court of Israel issued a decision compelling the Tarabeen family to appear before the admissions committee to allow it to consider their request to reside in the house. (See Civil Appeal 7831/08, Nevatim: Labor Moshav for Agriculture Settlement, Ltd. v. Zakai Wazman, et al. (decision delivered 21 March 2010)). The family rented the house three years ago from its Jewish owners, friends of the Tarabeens, who decided to live elsewhere and rent out their home.

The problem began when the moshav learned of the identity of the new tenants. They refused to complete the necessary procedures, and put pressure on the Jewish family to reverse its decision. After their efforts failed, the moshav filed a lawsuit to the Beer al-Sabe Magistrates’ Court, which issued an injunction to prevent the Tarabeen family from moving into the house. The case then went to the District Court, which partially overturned the decision of the Magistrates’ Court and decided that the family was allowed to live in the moshav after they complied with all the conditions stipulated by the moshav. The moshav subsequently appealed to the Supreme Court. Former Adalah Attorney Morad El-Sana represented the response of the two families before the Supreme Court. The Supreme Court later overturned the District Court’s decision, and ordered the family to appear before an admissions committee.