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. I have a situation with a tenant that is subletting and they do not want to return my security deposit
- A: It isn't unusual for residential rental agreements of various types to be verbal instead of written; therefore, no need to be overly alarmed that any agreement is not in writing. Unfortunately, it is difficult to understand from your post who "they" may be but I assume you are referring to the landlord. If you rented a residential apartment from the landlord and later subleased the space, the landlord would not generally be required to return your security deposit until the property was delivered back to the landlord free of all occupants, including any subtenant you may have placed in the property.
- Q. My father owns an apartment in PR. His girlfriend lives there 5 days a week and my father got her a membership.
- A: Since the laws for property rights vary from State to State (or Territory), a New York attorney cannot answer that question for you. Consider posting your question in the board for that area.
- Q. I had a promissory note signed and notarized. He borrowed money to buy a house. Can I put a mechanics lien on the house
- A: Generally, in New Yorkdirect contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, and landscape gardeners who performs labor or furnishes materials for the improvement of real property may place mechanic's lien on property due to nonpayment. When a loan is given to assist in buying a property, it is more appropriate to file a mortgage.
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