Setting the Record Straight: Palestinians Can’t Really Live in West Jerusalem

[Scurrilous]

<snip>

"Yesterday, Israeli Prime Minister Binyamin Netanyahu argued passionately in the Israeli cabinet meeting that Israelis have the right to live anywhere in Jerusalem. In his enthusiasm to defend this latest Irving Moskowitz project (the same Irving Moskowitz who was a key player in Netanyahu’s Hasmonean Tunnel debacle), Netanyahu gushed:

“This has been the policy of all Israeli governments and I would like to say that it is indeed being implemented because in recent years hundreds of apartments in Jewish neighborhoods and in the western part of the city have been purchased by - or rented to - Arab residents and we did not interfere. This says that there is no ban on Arabs buying apartments in the western part of the city and there is no ban on Jews buying or building apartments in the eastern part of the city.”

The problem with this argument is that it isn’t true. Israeli lawyer and Jerusalem expert Daniel Seidemann sets the record straight with the following points:

- Virtually all of West Jerusalem is off-limits to Palestinian residents of Jerusalem in terms of their ability to purchase property. This is because most of West Jerusalem, like most of Israel, is “State Land” (in all, 93% of land in Israel is “state land”). Under Israeli law, to qualify to purchase property on “state land” the purchaser must either be a citizen of Israel (Palestinian Jerusalemites are legal residents if the city, not citizens of Israel) or legally entitled to citizenship under the law of return (i.e. Jewish). This means an Israeli or a Jew from anywhere in the world can purchase such property in West Jerusalem, but not a Palestinian resident of the city. (Technically, by the way, these are actually not purchases but long-term leases.)

- With respect to the small amount of private land in West Jerusalem, legally there are no limitations on Palestinian residents of East Jerusalem purchasing in such areas. Similarly, there are no legal limitations on Palestinian residents of Jerusalem renting in West Jerusalem. However, Danny (who is extremely familiar with East Jerusalem and its residents) does not know of a single case of a Palestinian resident of Jerusalem residing in West Jerusalem, either through purchase or rental of property. (This is distinct from Arab citizens of Israel, a small number of who do live in West Jerusalem). The reasons for this are social, cultural, and economic, and as far as State Lands go, legal."

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[Fozzledick]

1. But Israeli Arabs can and do according to the text of the article

So the headline is a deliberately misleading half-truth that doesn't address what Netanyahu actually said.:eyes:

[ProgressiveProfessor]

2. And then there are the penalties for Palestinians who sell land to Jews...

[aquart]

3. Would that be death or what?

[ProgressiveProfessor]

4. Indeed

[Donald Ian Rankin]

5. Most Arabs can't buy most homes in West Jerusalem

http://www.haaretz.com/hasen/spages/1101682.html

Prime Minister Benjamin Netanyahu claimed this week that Jerusalem is an "open city" that permits all its inhabitants, Jewish and Palestinian, to purchase homes in both its eastern and western parts.

"Our policy is that Jerusalem residents can purchase apartments anywhere in the city. There is no ban on Arabs buying apartments in the west of the city, and there is no ban on Jews building or buying in the city's east," Netanyahu said in response to the U.S. request to halt a Jewish construction project in East Jerusalem.

An examination by Haaretz, however, presented a rather different situation on the ground. According to Israel Lands Administration rules, residents of East Jerusalem cannot take ownership of the vast majority of Jerusalem homes.

When an Israeli citizen purchases an apartment or house, ownership of the land remains with the ILA, which leases it to the purchaser for a period of 49 years, enabling the registration of the home ("tabu"). Article 19 of the ILA lease specifies that a foreign national cannot lease - much less own - ILA land.

Attorney Yael Azoulay, of Zeev and Naomi Weil Lawyers and Notary Office, explains that if a foreign national purchases an apartment they must show the ILA proof of eligibility to immigrate to Israel in accordance with the Law of Return. Non-Jewish foreigners cannot purchase apartments. This group includes Palestinians from the east of the city, who have Israeli identity cards but are residents rather than citizens of Israel.

Most residences in West Jerusalem and in the Jewish neighborhoods of East Jerusalem are built on ILA land. All the neighborhoods built after 1967 - Gilo, Pisgat Ze'ev, Ramot, French Hill and Armon Hanatziv - are built on ILA land. Even in the older neighborhoods of Kiryat Hayovel, Katamonim and Beit Hakerem, tens of thousands of apartments are built on ILA land and cannot be sold to Palestinians. In the ultra-Orthodox central Jerusalem neighborhoods of Geula and Mea Shearim, as well as in Rehavia and Talbieh, there are homes built on private land - mainly owned by one of the churches or purchased in the past by Jews.

It goes without saying that a Palestinian seeking to purchase an apartment in a Haredi area would be rejected out of hand, and Rehavia or Talbieh would in any event be out of the range of most East Jerusalemites' budget.

Nevertheless, dozens of Palestinian families have moved into Jewish neighborhoods, mainly French Hill and Pisgat Ze'ev. Most are renting, while a few buy apartments without registering them. Lawyers in the field say the law is not always applied, and that if a resident of East Jerusalem were to apply to register the apartment at the ILA, they would not have problems doing so.

If the amendment to the Israel Lands Administration Law is passed - the bill is in an advanced stage - an Israeli apartment owner would be able to take ownership of the land and could then sell it to anyone, including foreign nationals and Palestinians.