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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
  • Landlord Tenant
  • Appeals & Appellate
  • Business Law
  • Probate
  • Foreclosure Defense
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    On selected overcharge complaints
Jurisdictions Admitted to Practice
New York
  • 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
Top Contributor
Professional Associations
New York State Bar Association
American Bar Association
New York State Bar # 2292225
- Current
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Legal Answers
191 Questions Answered

Q. Security deposit
A: Sounds as though you have already made good faith efforts to recover your security deposit without litigation, so may be time to sue. Depending upon the amount involved and your location, you may be able to sue in Small Claims Court.
Q. What to do if my ex friend (not on our lease) does not leave in 30 days as she has been informed she should?
A: In the situation you described, you are essentially in the role of landlord to your "friend". Like any other landlord in a similar situation you will be required to commence an appropriate proceeding in Housing Court to obtain a legal eviction. If you take act without court authorization, your "friend" may seek assistance from the police and the courts as well as damages.
Q. If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?
A: According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from the property until the auction unless a receiver or other type of order impacting rent collections had been entered.
Q. I have a question regarding the rights of landlords to assign fees for the return of rent checks for NSF....
A: The fees that a landlord is allowed to charge depends upon the terms of the lease.
Q. My mother wants her name off a deed to heir land and wants to transfer it to me. How do we do this?
A: The law and procedures for transferring real property vary between the different states so this question is better posed to a North Carolina attorney.
Q. Can another offer on a home/property be accepted once a purchase offer has been accepted, and documents signed?
A: Simply put, it depends. Once you have entered into a contract to purchase property, a seller cannot simply backout because a better offer comes along. However, the issue is at what point you have an accepted offer that results in a binding contract. To evaluate your specific situation, a lawyer would need to review the exchanges that took place and advise you accordingly.
Q. For a unmarkble title what can I do to fix it
A: Many different issues can cause title to be unmarketable and, as a result, there are different actions that may need to be taken. Examples include actions to discharge an ancient mortgage or quiet title. In any event, it makes down to sit down with a lawyer in your area to discuss your options.
Q. I have lived in apartment 10 yrs, am I responsible for painting and new carpet?
A: Unless your lease specifies otherwise, a tenant is not responsible for normal wear and tear.
Q. My landlord just informed us they sold our home and want us out May 1st, This was verbel when we payed our rent.
A: Unless you are in a rent-regulated apartment or have the protection of a lease, a landlord is permitted to verbally request that you move. If you fail to do so, the landlord may be required to serve a written notice before commencing a Holdover Proceeding in court to obtain a final judgment of eviction before actually being able to evict you. If you receive papers about the matter, don't ignore them.
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