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Elaine Shay

Elaine Shay

Elaine Shay, Esq.
  • Real Estate Law, Landlord Tenant, Appeals & Appellate ...
  • New York
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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
  • 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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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
Website
Legal Answers
566 Questions Answered
Q. Can a landlord increase rent by 700 dollars?
A: If a residential tenant in New York resides in an apartment that is not rent regulated and does not have the protection of a current lease, there is no restriction on the rent a landlord may charge. However, if the landlord seeks to increase the rent 5% or more, the landlord must provide the tenant notice as follows: -30 days in advance of renewal if a tenant has lived in the apartment less than one year and has less than a 12-month lease -60 days in advance for a tenant who has lived in the apartment for one to two years or for a tenant with a lease term of between one and two years -90 days for a tenant who has lived in the apartment for more than two years or for a tenant with a lease term of at least two years
Q. Can the landlord kick me out? In the case the landlord can, how much time do I have to leave?
A: Unless a tenant is rent regulated or has the protection of a current lease, the landlord does not need to justify the reason he or she may seek to evict a tenant. However, the landlord must obtain a judgment of possession from court before evicting any tenant.
Q. Management made the super knock on my door for the rent. That is a private matter that the super shouldnt know right?
A: Wrong. There is no requirement that truthful information regarding rent arrears be withheld from employees working on behalf of the landlord.
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Contact & Map
Office
800 3rd Avenue, Suite 2800
New York, NY 10022
Toll-Free: (212) 520-2690
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