Assisted Living Law, 5772-2012
חוק הדיור המוגן, תשע"ב-2012
Published: 2012-06-03Consolidated Hebrew text as of 2026-04-01 · Last amended 2026-03-31✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
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Chapter IV: Residents' Rights
Management of Lifestyle in an Apartment§
31.
A resident is entitled to manage his or her lifestyle in the apartment in the assisted living home in the manner that seems fit to him or her, provided that this does not interfere with others and does not constitute a breach of the rules of conduct in the assisted living home prescribed by the holder of the operating licence pursuant to section 21.
Engagement with a Service Provider§
32.
A resident may engage with any service provider, under an agreement for the provision of personal service or other service in the apartment, provided that the resident has notified the holder of the operating licence of the wish to engage as aforesaid and the holder of the operating licence has not objected to that engagement; the holder of an operating licence shall not object to such an engagement and shall not prevent the provision of such a service, except on reasonable grounds.
Residence of a Carer in an Apartment§
33.
(a)A resident may accommodate in the apartment, on a temporary or ongoing basis, at the resident's responsibility and expense, a carer on the resident's behalf, after obtaining approval therefor from the holder of the operating licence, provided that the apartment is suitable for the residence of an additional person, and after the multidisciplinary team has approved that there is a medical or functional need for a carer, or that a State authority has approved that such a need exists; the resident may appeal against the decision of the multidisciplinary team to the district physician.
(b)Notwithstanding the provisions of subsection (a), the holder of an operating licence may refuse a resident's request pursuant to that subsection, in special circumstances, if the holder of the operating licence has obtained the Commissioner's approval therefor, after the resident has been given an opportunity to present arguments before the Commissioner.
(c)Nothing in the provisions of this section shall derogate from the provisions of section 29.
Appointment of an Attorney§
34.
(a)A resident may appoint an attorney on the resident's behalf for the purpose of receiving notices from the holder of an operating licence or for the purpose of making decisions on the resident's behalf in matters relating to the assisted living home, including the vacation of the apartment after the termination of the engagement (in this Chapter – attorney).
(b)A power of attorney as referred to in subsection (a) shall be given in writing and shall be signed by the resident; the power of attorney shall be attached to the engagement agreement and shall detail the circumstances and conditions under which the attorney shall be competent to receive notices or make decisions as referred to in that subsection.
Residents' Committee§
35.
(a)Residents may appoint, from among themselves, a representation that shall be the agent of the residents in all matters relating to their shared affairs in connection with the assisted living home, and shall also be empowered to represent the residents in all matters relating to such affairs before the holder of the operating licence, State authorities, local authorities or other bodies (in this Chapter – residents' committee); however, nothing in the provisions of this section shall empower a residents' committee to enter into agreements and to be a party to legal proceedings on behalf of the residents.
(b)The Minister may prescribe provisions in respect of the residents' committee, including the manner of appointment and the term of office thereof.
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Contact Us →Chapter V: Supervision, Enforcement and Special Operator
Appointment of Inspectors and Their Powers§
36.
(a)The Minister shall appoint inspectors from among the employees of the Minister's office, for the purpose of supervising the implementation of the provisions pursuant to this Law.
(b)No person shall be appointed as an inspector pursuant to this section unless all of the following apply in respect of that person:
(1)the person has received appropriate training in the field of the powers that will vest in that person pursuant to this Chapter, as the Minister has directed in consultation with the Minister for Senior Citizens and with the consent of the Minister for Internal Security, and in respect of training in the field of public health – also with the consent of the Minister of Health;
(2)the person meets additional eligibility conditions, as the Minister has directed with the consent of the Minister for Internal Security.
(c)Notice of the authorisation of an inspector pursuant to this section shall be published in Reshumot (Official Gazette).
(d)For the purpose of supervising the implementation of the provisions pursuant to this Law, an inspector may, after identifying himself or herself pursuant to subsection (e) –
(1)require any person to provide the inspector with that person's name and address and to present to the inspector an identity card or other official document identifying that person;
(2)require any person involved in the matter to present to the inspector any information or document that may serve to ensure the implementation of the provisions pursuant to this Law; for this purpose, "document" – including information relating to residents in an assisted living home and also a printout as defined in the Computers Law, 5755-1995;
(3)enter any place in respect of which the inspector has reasonable grounds to believe that an assisted living home is operating therein, provided that the inspector shall not enter a place used as a residence therein except pursuant to a court order;
(4)carry out measurements and take samples, and direct that the samples be delivered for laboratory testing or kept for a period that the inspector shall direct;
(5)require any person whom the inspector has reasonable grounds to believe is violating a provision of the provisions pursuant to this Law or a condition of an operating licence, to cease such violation.
(e)An inspector shall not exercise the powers vested in the inspector pursuant to this section except while performing his or her duties, and where both of the following apply:
(1)the inspector is visibly wearing a badge identifying the inspector and the inspector's position;
(2)the inspector holds an inspector's certificate attesting to the inspector's position and powers, which the inspector shall display upon request.
Obstruction of an Inspector§
37.
Where the holder of an operating licence or a person acting on its behalf has obstructed an inspector in the exercise of the inspector's powers pursuant to section 36(d), the Commissioner may send a written warning stating that if the obstruction does not cease within the period prescribed in the warning, the Commissioner shall be entitled to exercise the Commissioner's power pursuant to section 10(a)(4).
Administrative Restriction Order§
38.
(a)If the Commissioner has reasonable grounds to suspect that a condition of the conditions for the grant of an operating licence under section 4 has ceased to be fulfilled, or that a condition of the licence conditions or of the provisions under this Law has been breached, and that harm to public safety or to the safety or welfare of residents in an assisted living home is thereby being caused, or that there are reasonable grounds for concern that such harm will be caused thereby, the Commissioner may require the person operating the assisted living home or the person managing it to fulfil the condition or provision that has ceased to be fulfilled or that has been breached (in this Chapter – administrative warning), in the manner and within the time specified in the warning.
(b)Where an administrative warning has been given under the provisions of subsection (a) and its provisions have not been complied with in the manner and within the time specified therein, and an indictment has not yet been filed, the Commissioner may direct, by Order, that no use whatsoever shall be made of the premises in which the assisted living home is operated, or that use thereof shall be made subject to the restrictions and conditions specified in the Order, all to an extent no greater than that required in the circumstances of the matter (in this Chapter – administrative restriction order); the Commissioner may prescribe in an administrative restriction order provisions regarding those responsible for its execution and the means of ensuring compliance therewith.
(c)Notwithstanding the provisions of subsection (a), where the Commissioner finds that one of the following applies, the Commissioner may issue an administrative restriction order without having first given an administrative warning:
(1)an assisted living home is operating without an operating licence and no application for a licence or for its renewal has been submitted in respect thereof under the provisions of section 3;
(2)as a result of the operation of the assisted living home there is a real possibility of immediate harm to public safety or to the safety of the residents residing therein.
(d)
(1)An administrative restriction order shall not be given unless the operator of the assisted living home in respect of which the Order is given has been afforded a reasonable opportunity to present arguments; if the operator cannot be located with reasonable diligence, the said opportunity shall be given to the manager of the assisted living home, to the extent that the manager can be located with reasonable diligence;
(2)Notwithstanding the provisions of paragraph (1), the Commissioner may issue an administrative restriction order under subsection (c)(2) even without affording an opportunity to present arguments as referred to in paragraph (1), if the Commissioner is of the opinion that affording such an opportunity would frustrate the purpose of issuing the Order, provided that such an opportunity shall be afforded as soon as possible thereafter.
(e)A copy of an administrative restriction order shall be displayed in the assisted living home in respect of which it was given, and shall be delivered to the operator of the assisted living home or to the person managing it, if they can be located with reasonable diligence.
(f)If the provisions of an administrative restriction order are not complied with, a police officer may enter an assisted living home in respect of which the Order was given and take reasonable measures, including the use of locks or other means of closure as shall be prescribed in the orders of the Israel Police and the use of force, as are required for the purpose of its execution.
(g)An administrative restriction order shall remain in force for the period specified therein, and the Commissioner may extend its validity for additional periods, provided that the total of all periods shall not exceed sixty days from the day on which it was given; the court competent to try an offence under section 45 may extend the validity of such an Order for additional periods not exceeding thirty days each; however, if an indictment has been filed in respect of an offence in connection with which the Order was issued, the court shall not extend its validity under this section beyond thirty days after the filing of the indictment.
(h)Nothing in the provisions of this section shall derogate from the possibility of issuing a judicial restriction order under section 40.
Cancellation of Administrative Restriction Order§
39.
(a)A person who considers themselves aggrieved by an administrative restriction order given under the provisions of section 38 may apply to the court competent to try an offence under section 45 for its cancellation.
(b)The filing of an application for the cancellation of an administrative restriction order under subsection (a) does not suspend the validity of the Order, as long as the court has not decided otherwise; if the court decides to suspend the validity of the Order ex parte, the application shall be heard inter partes as soon as possible, and no later than the end of seven days from the day of the decision.
(c)The court may cancel an administrative restriction order, confirm it or modify it.
Judicial Restriction Order§
40.
(a)Where an indictment has been filed in respect of an offence under section 45 or in respect of a breach of an administrative restriction order, the court to which the indictment was filed may, if satisfied that a ground from among the grounds referred to in section 38(a) or (c) has been fulfilled, order that no use whatsoever shall be made of the premises in which the assisted living home to which the indictment relates is operated, or that use thereof shall be made subject to the restrictions and conditions specified in the Order, until the conclusion of the legal proceedings (in this section – judicial restriction order); the court may prescribe in a judicial restriction order provisions regarding those responsible for the execution of the provisions of the Order and the means of ensuring compliance therewith.
(b)Where a person has been convicted of an offence as referred to in subsection (a), the court may, in addition to any penalty it imposes, give a judicial restriction order for a period not exceeding six months.
Admissibility of Evidence in Making a Decision on an Application in the Matter of an Order§
41.
For the purpose of a decision on an application in the matter of an Order, the judge may have recourse to evidence even if it is not admissible at trial.
Procedure§
42.
In any matter of procedure for which no other provision is made under this Law or in another enactment, the court, when hearing an application in the matter of an Order, shall act in the manner that appears to it to be best for a just and speedy determination.
Reconsideration and Appeal against a Decision on an Application in the Matter of an Order§
43.
(a)A court that has given a decision on an application in the matter of an Order may reconsider its decision, at the request of a person who considers themselves aggrieved by the decision and who was not summoned to present arguments, or if the court is of the opinion that doing so is justified by reason of changed circumstances or new facts that came to light after the decision was given.
(b)A decision on an application in the matter of an Order may be appealed to the appellate court.
(c)A person who considers themselves aggrieved by a judicial restriction order given under section 40(b) may appeal against it within the framework of the appeal against the sentence.
Appointment of a Special Operator by the Commissioner§
44.
(a)Where the Commissioner has revoked or not renewed an operating licence, has suspended an operating licence, or has found that an assisted living home is operating without a licence, the Commissioner may appoint an office holder on the Commissioner's behalf (in this section – special operator), for a period as directed, and may extend that period for additional periods.
(b)The Commissioner shall determine the powers and duties of the special operator, for the purpose of ensuring the safety and welfare of residents in the assisted living home; the remuneration of the special operator shall be paid from the income derived from the operation of the assisted living home.
(c)The District Court (in this section – the court) may, at any time, at the request of the Commissioner, give directions on any matter relating to the exercise of the powers of the special operator or the powers of the trustee appointed under subsection (e).
(d)Where an operating licence has been revoked, the Commissioner may apply to the court with a request that it direct the holder of the revoked licence to sell or lease the assisted living home to another holder of an operating licence within a period to be determined.
(e)If the holder of a revoked operating licence has not complied with the court's direction under subsection (d), the Commissioner may request the court to appoint a trustee for the purpose of selling or leasing the assisted living home; the court shall determine the powers, duties and remuneration of the trustee; the trustee's remuneration shall be paid in accordance with the court's decision, from the income derived from the operation of the assisted living home or from the proceeds of the sale or lease.
(f)If the court finds, at the request of the Commissioner or the trustee after obtaining the Commissioner's approval, that it is not possible to sell the assisted living home under the provisions of subsections (d) or (e), and that it is not possible to continue the operation of the assisted living home by a special operator without harm to the safety or rights of the residents, the court may order the evacuation of residents from the assisted living home, provided that suitable alternative housing has been found for the residents.
(g)In proceedings under subsections (c) to (f), the holder of an operating licence of an assisted living home or a person who operated an assisted living home shall be a party to the proceedings before the court in respect of that assisted living home; if a concern arises that the licence holder is insolvent, the court may direct that the Official Receiver submit its position or appear at the hearing.
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