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Elaine Shay
Elaine Shay, Esq.
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Biography
A respected and skilled attorney with over 28 years of experience as a litigator representing clients before the Courts in the Bronx, Brooklyn, New York City and Queens. Ms. Shay is also a talented negotiator who understands her clients and works tirelessly to achieve their goals.
Her practice is primarily concentrated on real estate and housing matters, including evictions, nonpayment cases, holdover proceedings, HP cases, ejectments, partition actions, DHCR filings, PARs, commercial litigation, leasing, summary proceedings, property transfers, mortgage transactions, corporate governance, shareholder disputes and appeals.
Practice Areas
- Real Estate Law
- Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
- Landlord Tenant
- Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Foreclosure Defense
Fees
- Free Consultation
- Credit Cards Accepted
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Contingent Fees
On selected overcharge complaints
Jurisdictions Admitted to Practice
- New York
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Languages
- English: Spoken, Written
Professional Experience
- Attorney
- Elaine Shay, Esq.
- Current
- Arbitrator
- FINRA (Financial Industry Regulatory Authority)
- Current
- Adjunct Professor
- Strayer University
- Current
Education
- Benjamin N. Cardozo School of Law
- J.D. (1989) | Law
- Honors: Magna Cum Laude Graduate
- Activities: Cardozo Law Review
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- Pace University
- B.A. (1985) | English
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Awards
- Top Contributor
- Avvo
Professional Associations
- New York State Bar Association
- Member
- Current
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- American Bar Association
- Member
- Current
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- New York State Bar # 2292225
- Member
- - Current
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Websites & Blogs
Legal Answers
649 Questions Answered
- Q. My ex-husband is on the mortgage, which I have been paying. My name is on the title. How can I adjust mortg to my name
- A: Generally, this would require that you refinance your mortgage. However, you may contact the lender to inquire if they would be willing to assign the mortgage loan.
- Q. We were just given a 90 day termination notice pursuant to Property laws 226-c and 232-a.
- A: There are two primary types of landlord/tenant cases. The first is a non-payment case, which requires the landlord to serve a rent demand before filing in court. If the rent is paid in full the case would be dismissed. The second is a holdover case, which, if you have been a tenant for 3 or more years, requires the landlord to service of a 90 day notice before filing in court. Payment of rent arrears does not prevent the landlord from continuing to seek your eviction by proceeding with the case. In these circumstances, hiring an attorney to protect your interests often results in a settlement that gives you adequate time to relocate and/or a rent waiver.
- Q. I am residing in a rent stabilized apartment which my LL never disclosed to me, can she evict me?
- A: In NYC Rent Stabilized tenants have many rights and are generally entitled to the offer of a renewal lease. However, there are certain circumstances where Rent Stabilized tenants may still be evicted, including nonpayment of rent. In addition a landlord may refuse to renew a Rent Stabilized tenant's lease due to an immediate and compelling need to possess the apartment for use by the landlord as a primary residence or as a primary residence for the landlord's immediate family.
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