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Elaine Shay

Elaine Shay

Elaine Shay, Esq.
  • Real Estate Law, Landlord Tenant, Appeals & Appellate...
  • New York
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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
  • Landlord Tenant
  • Appeals & Appellate
  • Business Law
  • Probate
  • Foreclosure Defense
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    On selected overcharge complaints
Jurisdictions Admitted to Practice
New York
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  • English: Spoken, Written
Professional Experience
Elaine Shay, Esq.
FINRA (Financial Industry Regulatory Authority)
Adjunct Professor
Strayer University
Benjamin N. Cardozo School of Law
J.D. (1989) | Law
Honors: Magna Cum Laude Graduate
Activities: Cardozo Law Review
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Top Contributor
Professional Associations
New York State Bar Association
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American Bar Association
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New York State Bar # 2292225
- Current
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Websites & Blogs
Legal Answers
274 Questions Answered

Q. I have a rodent problem and many repairs that my landlord wont address and im in fear of evection if I push the issue.
A: If the landlord is not address issues with rodents or required repairs, a tenant can commence a HP Proceeding in Housing Court to compel the landlord to act.
Q. What do I do if a tenant stays after their lease has ended and I have a new tenant scheduled to move in?
A: If a tenant does not vacate at the end of his or her term, a landlord can commence a holdover proceeding to obtain a judgment of possession and schedule an eviction. The process can take a good amount of time so the sooner you get started the better.
Q. Does a lease have to include all terms and conditions?
A: From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the terms of the lease as a way for a tenant to escape even greater liability that could extend to the entire balance of rent due for the unexpired term of the lease. However, in the situation you are describing you may have a factual basis to allege that you have been constructively evicted because of the conditions at the property. This defense to breach of lease turns on the detailed factual basis specific to each case.
Q. Landlord tenant issue - selling property
A: If the premises is not rent-regulated and you don't have the protection of a current lease, the landlord can request that you move upon 90 day written notice. In the event that you don't vacate by the expiration of the notice period, the landlord would have to next commence a holdover case in Housing Court to seek a judgment of eviction against you. Even after obtaining a judgment, the Court can grant a tenant up to a year to find another apartment before allowing an eviction to occur. There are strict rules for how the 90 day written notice and papers commencing the holdover case must be prepared and served as well as other potential defenses. Therefore, many tenants retain experienced counsel to negotiate with their landlords for a possible settlement that can include financial incentives to vacate voluntarily within a specified time frame.
Q. Due to negligence on my landlords part- my bathroom ceiling collapsed on me.
A: You can consult with a personal injury attorney regarding the possibility of commencing a case for any personal injury to determine if you have a claim worth pursuing. As for the conditions in the apartment, you may commence a HP Proceeding in Housing Court against your landlord to obtain an order requiring that the repairs be made in a timely fashion.
Q. Can I get rid of a tenant without stating the reason. How do I start this?
A: Determining the most expeditious way to proceed depends, at least in part, on what type of tenancy is involved. Does the tenant have a lease? How long has the tenant lived in the apartment? Is the apartment rent-regulated? Answers to these and other questions will determine your options in how to proceed in Housing Court.
Q. So last night I accidentall locked myself out can I bill landlord/ super
A: Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of the repair from the tenant.
Q. Hi, I have a question about rent stabilization, vacancy increases and preferential rents in NYC.
A: The situation you described involving the preferential rent isn't surprising. The 18%-20% increase is generally associated with vacancy increases. If you want to challenge the deregulation, you can always take a shot with the DHCR
Q. The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?
A: It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully examined to determine in the foreclosure proceeded legally in your case.
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New York, NY 10022
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