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Summary
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
Fees
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
On selected overcharge complaints
Jurisdictions Admitted to Practice
- New York
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
Awards
- Top Contributor
- Avvo
Professional Associations
- New York State Bar Association
- Member
- Current
- American Bar Association
- Member
- Current
- New York State Bar # 2292225
- Member
- - Current
Websites & Blogs
Legal Answers
285 Questions Answered
- Q. Is it illegal for my Dad's Girlfriend of 13 years to use his ATM card after he dies? What law makes this illegal in NY?
- A: Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.
- Q. The law that was passed Feb 3/4th that says brokers are no longer allowed to charge a fee but then was revoked today..
- A: Answer will depend upon the terms of your contract
- Q. With the new security deposit laws in NYC. Do I get my extra security deposit back that I paid prior to the new law.
- A: When your current lease expires, you should be able to get back any extra security deposit should you decide to renew.
- Q. Can a landlord evict me for not opening the door for inspection?
- A: Unless there was a case already pending, any effective legal steps the landlord could take towards evicting a tenant take much longer than two (2) days. Generally, tenants have an obligation to allow access to their apartments upon appropriate notice for the landlord to inspect and repair conditions within the apartment.
- Q. Can Landlord enter a house that is rented by several tenants without notice? (State of New York - Long Island)
- A: Usually, it is improper for a landlord to rent out individual rooms in an apartment to different tenants. Therefore, the bigger issue may be that the use of your apartment is illegal.
- Q. I signed a lease in NJ & my parents are out of state & need me to care for them. Can I get out of my lease?
- A: The law varies in different states. You are more likely to receive a useful response if you post your questing in the New Jersey instead of New York section of this board.
- Q. Can I legally break lease if roommate violated lease?
- A: since I have not reviewed you actual lease, I cannot provide an answer for your specific situation. Generally, roommates are jointly and severally liable for the full amount of rent to their landlord and a roommate that leaves before the expiration of a lease remains liable to the liable to the landlord for the full amount of the rent.
- Q. Ex girlfriend on the title house
- A: This is a common situation that can be resolved through negotiations or, if a settlement cannot be reached, through litigation by bringing a partition action and asking for an accounting as part of the case. Technically, the court can order a sale of the property but not a buyout of one party by the other; however, most of these cases are resolved prior to sale with one party buying out the other's interest.
- Q. Four years ago my aunt left my sister-in-law as power of attorney that the house gets spilt by the kids .
- A: Directions for how real estate or other assets are to be distributed after someone's death must generally be contained in a properly executed Will to be enforceable. There are a number of formalities that go along with executing a Will and if they are not properly followed the Surrogate's Court may not accept the Will and follow its directions. Generally, simply saying what you want to happen in the future even on video would not meet those formalities
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