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. Real Estate issue
- A: If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would need to obtain a judgment of possession and warrant to evict you from Housing Court or another court of competent jurisdiction.
- Q. Does a tenant of a 2nd floor, 2-family house, fails to pay rent with an purported reason that the basement is 'illegal'?
- A: When an owner uses a building that has a Certificate of Occupancy for two (2) families for three (3) separate dwelling units, a defacto multiple dwelling is created. The law requires that any building in NYC used for three or more dwelling units must have a current Multiple Dwelling Registration ("MDR") in order to maintain a non-payment case. Therefore, if the building has three (3) or more dwelling units but no MDR a nonpayment case cannot be successfully maintained in Housing Court
- Q. My neighbor keeps tying his trees to my fence as when they are not tied they fall to the ground. There Is now damage
- A: If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction preventing your neighbor from attaching anything to your fence, you would need to go to Supreme Court. Hopefully, once your neighbor realizes he/she will be responsible for cost od damage, the use will be discontinued and there will be no need to seek an injunction.
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