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.
- 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
- Free Consultation
- Credit Cards Accepted
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Contingent Fees
On selected overcharge complaints
- New York
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- English: Spoken, Written
- Attorney
- Elaine Shay, Esq.
- Current
- Arbitrator
- FINRA (Financial Industry Regulatory Authority)
- Current
- Adjunct Professor
- Strayer University
- Current
- 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
- Avvo
- 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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- 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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