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Elaine Shay

Elaine Shay

Elaine Shay, Esq.
  • Real Estate Law, Landlord Tenant, Appeals & Appellate ...
  • New York
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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 Administration, Probate Litigation, Will Contests
    Foreclosure Defense
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    On selected overcharge complaints
Jurisdictions Admitted to Practice
New York
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  • English: Spoken, Written
Professional Experience
Elaine Shay, Esq.
FINRA (Financial Industry Regulatory Authority)
Adjunct Professor
Strayer University
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
Professional Associations
New York State Bar Association
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American Bar Association
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New York State Bar  # 2292225
- Current
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Websites & Blogs
Legal Answers
622 Questions Answered
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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Contact & Map
800 3rd Avenue, Suite 2800
New York, NY 10022
Toll-Free: (212) 520-2690
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