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| How a Health Aide Won Her Ex-Client’s $283-a-Month Apartment | How a Health Aide Won Her Ex-Client’s $283-a-Month Apartment |
| (about 2 hours later) | |
| Their relationship started the way many do — Marguerite Valentin needed help and Elinora De La O wanted a job. As a home health aide, Ms. De La O warmed glasses of milk, took trips to the doctor and held Ms. Valentin’s hand when she could not fall asleep. | Their relationship started the way many do — Marguerite Valentin needed help and Elinora De La O wanted a job. As a home health aide, Ms. De La O warmed glasses of milk, took trips to the doctor and held Ms. Valentin’s hand when she could not fall asleep. |
| Over a handful of years, the $15-an-hour position grew into a friendship so close that strangers assumed they were mother and daughter. | Over a handful of years, the $15-an-hour position grew into a friendship so close that strangers assumed they were mother and daughter. |
| And that made all the difference in a court decision that is believed to be one of the first of its kind in New York and reflects a growing understanding of the role that health aides play in the lives of their employers. After a legal fight that lasted more than a year, Ms. De La O, 62, won the right to the rent-controlled apartment where Ms. Valentin had lived for about 60 years before she died. | And that made all the difference in a court decision that is believed to be one of the first of its kind in New York and reflects a growing understanding of the role that health aides play in the lives of their employers. After a legal fight that lasted more than a year, Ms. De La O, 62, won the right to the rent-controlled apartment where Ms. Valentin had lived for about 60 years before she died. |
| The rent for the one-bedroom unit in Bay Ridge, Brooklyn, is $283.35 a month. | |
| Ms. De La O said she was stunned into silence by the ruling in early January. “Then, I realized how big this was,” she said. “I’m like somebody who won the lottery.” | Ms. De La O said she was stunned into silence by the ruling in early January. “Then, I realized how big this was,” she said. “I’m like somebody who won the lottery.” |
| There are only about 22,000 rent-controlled apartments left in the city, down from a peak of two million in the 1950s. Ms. De La O’s success could have a wide effect on the fate of not only those units, but one million rent-stabilized apartments as well. | There are only about 22,000 rent-controlled apartments left in the city, down from a peak of two million in the 1950s. Ms. De La O’s success could have a wide effect on the fate of not only those units, but one million rent-stabilized apartments as well. |
| Under New York State law, only an immediate family member who lives with the tenant can take over a rent-regulated apartment. Others have to prove they had the same intertwined relationship with the tenant that a spouse or child would — a difficult legal hurdle to overcome and the reason many rent-controlled apartments have disappeared. | Under New York State law, only an immediate family member who lives with the tenant can take over a rent-regulated apartment. Others have to prove they had the same intertwined relationship with the tenant that a spouse or child would — a difficult legal hurdle to overcome and the reason many rent-controlled apartments have disappeared. |
| But the decision in Ms. De La O’s case recognized that home health aides can play a familial role when they become live-in caregivers, confidants and even financial managers. | But the decision in Ms. De La O’s case recognized that home health aides can play a familial role when they become live-in caregivers, confidants and even financial managers. |
| Other home aides have tried and failed to win similar cases, said Paris R. Baldacci, emeritus clinical professor of law at Cardozo School of Law and an expert on home succession rights. “You’re a valued employee and a good friend, but you are not family,” he said. | Other home aides have tried and failed to win similar cases, said Paris R. Baldacci, emeritus clinical professor of law at Cardozo School of Law and an expert on home succession rights. “You’re a valued employee and a good friend, but you are not family,” he said. |
| But Ms. De La O’s case benefited from an open-minded judge and the sheer volume of evidence that the women’s lives had become interwoven, Mr. Baldacci said. | But Ms. De La O’s case benefited from an open-minded judge and the sheer volume of evidence that the women’s lives had become interwoven, Mr. Baldacci said. |
| It is unclear if the building’s landlord plans to appeal. David Loshak, a partner in the company that owns the 40-unit building, declined to comment. But other building owners were disappointed in the decision, which they feared could have wide influence. | It is unclear if the building’s landlord plans to appeal. David Loshak, a partner in the company that owns the 40-unit building, declined to comment. But other building owners were disappointed in the decision, which they feared could have wide influence. |
| Jay Martin, executive director of the Community Housing Improvement Program, which represents about 4,000 landlords who own mostly rent-stabilized buildings, said he sympathized with Ms. De La O. “How could you not?” he said. | Jay Martin, executive director of the Community Housing Improvement Program, which represents about 4,000 landlords who own mostly rent-stabilized buildings, said he sympathized with Ms. De La O. “How could you not?” he said. |
| But he said the next case could look very different. Because inheritance rights are not based on income, people who do not need a low-priced home can take advantage of the law, especially now that a judge has interpreted it more broadly than it has been, Mr. Martin said. Rent-stabilized apartments are not as strictly governed as rent-controlled ones, but the same succession rules apply, meaning the new ruling could have a significant effect. | But he said the next case could look very different. Because inheritance rights are not based on income, people who do not need a low-priced home can take advantage of the law, especially now that a judge has interpreted it more broadly than it has been, Mr. Martin said. Rent-stabilized apartments are not as strictly governed as rent-controlled ones, but the same succession rules apply, meaning the new ruling could have a significant effect. |
| While prices of many rent-controlled apartments remain essentially frozen at 1970s levels, property taxes and utility costs have not, Mr. Martin said. | While prices of many rent-controlled apartments remain essentially frozen at 1970s levels, property taxes and utility costs have not, Mr. Martin said. |
| “We’re locked in this argument where it’s landlords versus tenants,” Mr. Martin said. “It gets the blood boiling, but never gets at the issue. Many landlords are struggling with same costs that the tenants are.” | “We’re locked in this argument where it’s landlords versus tenants,” Mr. Martin said. “It gets the blood boiling, but never gets at the issue. Many landlords are struggling with same costs that the tenants are.” |
| Judge Jeannine Baer Kuzniewski, who issued the ruling, declined to comment through a spokesman for the courts. | Judge Jeannine Baer Kuzniewski, who issued the ruling, declined to comment through a spokesman for the courts. |
| Ms. De La O and Ms. Valentin had each traveled a long way before their meeting late in life. | Ms. De La O and Ms. Valentin had each traveled a long way before their meeting late in life. |
| Ms. Valentin grew up in France and immigrated to New York as a young nanny, following the family whose children she minded. After an early romance ended in heartbreak, she never married and did not have children, said her nephew, Rémy Valentin. | Ms. Valentin grew up in France and immigrated to New York as a young nanny, following the family whose children she minded. After an early romance ended in heartbreak, she never married and did not have children, said her nephew, Rémy Valentin. |
| In 2014, she broke her hip while walking into Lincoln Center to see an opera. Friends found her help in Ms. De La O, who was also an immigrant, from El Salvador. Both women worshiped at Bay Ridge Kingdom Hall of Jehovah’s Witnesses. | In 2014, she broke her hip while walking into Lincoln Center to see an opera. Friends found her help in Ms. De La O, who was also an immigrant, from El Salvador. Both women worshiped at Bay Ridge Kingdom Hall of Jehovah’s Witnesses. |
| But Ms. Valentin soon ran out of money to pay Ms. De La O and two other attendants. Ms. Valentin had worked as an executive assistant at a bank but had lost much of her savings in bad investments. | But Ms. Valentin soon ran out of money to pay Ms. De La O and two other attendants. Ms. Valentin had worked as an executive assistant at a bank but had lost much of her savings in bad investments. |
| Ms. De La O agreed to move in, working for free at times but saving money on rent. She slept on a sleeper sofa in the living room. | Ms. De La O agreed to move in, working for free at times but saving money on rent. She slept on a sleeper sofa in the living room. |
| Ms. Valentin died in August 2018 at age 93, and Ms. De La O said the landlord soon served her with an eviction notice. She went to housing court in Brooklyn to fight the case. | Ms. Valentin died in August 2018 at age 93, and Ms. De La O said the landlord soon served her with an eviction notice. She went to housing court in Brooklyn to fight the case. |
| A judge directed her to seek help through the city’s free tenant legal services. The program, known as the right to counsel, targets 20 neighborhoods where evictions are high in an effort to fight homelessness. | A judge directed her to seek help through the city’s free tenant legal services. The program, known as the right to counsel, targets 20 neighborhoods where evictions are high in an effort to fight homelessness. |
| Ms. De La O met Claunick Duronville, a staff attorney at the nonprofit CAMBA Legal Services who was just three years out of law school. A self-described pragmatist, Mr. Duronville decided to patiently explain to Ms. De La O why she was unlikely to win her case. He went through eight legal standards she would have to meet in order to succeed. | Ms. De La O met Claunick Duronville, a staff attorney at the nonprofit CAMBA Legal Services who was just three years out of law school. A self-described pragmatist, Mr. Duronville decided to patiently explain to Ms. De La O why she was unlikely to win her case. He went through eight legal standards she would have to meet in order to succeed. |
| To his surprise, she met all of them. | To his surprise, she met all of them. |
| “It was literally like she checked all of the boxes,” said Mr. Duronville, 30. | “It was literally like she checked all of the boxes,” said Mr. Duronville, 30. |
| Although Ms. De La O’s neighborhood was not among the city’s most high-risk locations, Mr. Duronville was moved by photos of the women together and took up her cause. | Although Ms. De La O’s neighborhood was not among the city’s most high-risk locations, Mr. Duronville was moved by photos of the women together and took up her cause. |
| He said the first judge who handled the case advised him to try to negotiate a settlement with the lawyer. But he was unsuccessful. The landlord, he said, hoped to raise the rent to at least $1,800 a month, the market rate in the neighborhood. | He said the first judge who handled the case advised him to try to negotiate a settlement with the lawyer. But he was unsuccessful. The landlord, he said, hoped to raise the rent to at least $1,800 a month, the market rate in the neighborhood. |
| To prepare for his trial, Mr. Duronville enlarged photos of the two women at lunch and at home. He showed how Ms. De La O had moved in years earlier, satisfying a two-year residency requirement. He collected bank statements showing that the women had mingled their finances. He presented documents showing Ms. De La O had power of attorney and was the executor of Ms. Valentin’s will. | To prepare for his trial, Mr. Duronville enlarged photos of the two women at lunch and at home. He showed how Ms. De La O had moved in years earlier, satisfying a two-year residency requirement. He collected bank statements showing that the women had mingled their finances. He presented documents showing Ms. De La O had power of attorney and was the executor of Ms. Valentin’s will. |
| Mr. Valentin, the nephew, testified from France, via Skype. “She wasn’t lonely any longer. That’s the most important thing,” Mr. Valentin, 69, told The New York Times. “That’s why I was pleased to help.” | Mr. Valentin, the nephew, testified from France, via Skype. “She wasn’t lonely any longer. That’s the most important thing,” Mr. Valentin, 69, told The New York Times. “That’s why I was pleased to help.” |
| Susan Hovden, who had been friends with Ms. Valentin since the 1970s, and a volunteer minister also took the stand, showing that the women socialized and worshiped together, two other points that help win succession rights. | Susan Hovden, who had been friends with Ms. Valentin since the 1970s, and a volunteer minister also took the stand, showing that the women socialized and worshiped together, two other points that help win succession rights. |
| “Sometimes, the underdog gets their say, and it works out,” Ms. Hovden said. | “Sometimes, the underdog gets their say, and it works out,” Ms. Hovden said. |
| Ms. De La O has cared for about 15 clients during her career as a home health aide and is getting close to retirement — a prospect that she said now looks more likely with an affordable apartment. | Ms. De La O has cared for about 15 clients during her career as a home health aide and is getting close to retirement — a prospect that she said now looks more likely with an affordable apartment. |
| Her son, an artist, is married and lives around the corner. She said there are no plans for him and his wife to move in, but the apartment gives her a sense of security that she could help them if they experience a hardship. | Her son, an artist, is married and lives around the corner. She said there are no plans for him and his wife to move in, but the apartment gives her a sense of security that she could help them if they experience a hardship. |
| She said when she first moved in to take care of Ms. Valentin, she had no idea that she could end up with one of New York’s rarest prizes, a rent-controlled apartment. “I didn’t do it for this reason. I took Marguerite in my heart,” Ms. De La O said. “I loved her.” | She said when she first moved in to take care of Ms. Valentin, she had no idea that she could end up with one of New York’s rarest prizes, a rent-controlled apartment. “I didn’t do it for this reason. I took Marguerite in my heart,” Ms. De La O said. “I loved her.” |
| Susan Beachy contributed research to this report. | Susan Beachy contributed research to this report. |