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Elaine Shay

Elaine Shay

Elaine Shay, Esq.
  • Real Estate Law, Landlord Tenant, Appeals & Appellate ...
  • New York
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Biography


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.

Education
Benjamin N. Cardozo School of Law
J.D. (1989) | Law
Honors: Magna Cum Laude Graduate
Activities: Cardozo Law Review
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Pace University
B.A. (1985) | English
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Professional Experience
Attorney
Elaine Shay, Esq.
Current
Arbitrator
FINRA (Financial Industry Regulatory Authority)
Current
Adjunct Professor
Strayer University
Current
Awards
Top Contributor
Avvo
Professional Associations
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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Jurisdictions Admitted to Practice
New York
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Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    On selected overcharge complaints
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
Probate Administration, Probate Litigation, Will Contests
Foreclosure Defense
Languages
  • English: Spoken, Written
Legal Answers
Q. My ex-husband is on the mortgage, which I have been paying. My name is on the title. How can I adjust mortg to my name
A: Generally, this would require that you refinance your mortgage. However, you may contact the lender to inquire if they would be willing to assign the mortgage loan.
Q. We were just given a 90 day termination notice pursuant to Property laws 226-c and 232-a.
A: There are two primary types of landlord/tenant cases. The first is a non-payment case, which requires the landlord to serve a rent demand before filing in court. If the rent is paid in full the case would be dismissed. The second is a holdover case, which, if you have been a tenant for 3 or more years, requires the landlord to service of a 90 day notice before filing in court. Payment of rent arrears does not prevent the landlord from continuing to seek your eviction by proceeding with the case. In these circumstances, hiring an attorney to protect your interests often results in a settlement that gives you adequate time to relocate and/or a rent waiver.
Q. I am residing in a rent stabilized apartment which my LL never disclosed to me, can she evict me?
A: In NYC Rent Stabilized tenants have many rights and are generally entitled to the offer of a renewal lease. However, there are certain circumstances where Rent Stabilized tenants may still be evicted, including nonpayment of rent. In addition a landlord may refuse to renew a Rent Stabilized tenant's lease due to an immediate and compelling need to possess the apartment for use by the landlord as a primary residence or as a primary residence for the landlord's immediate family.
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Websites & Blogs
Website
Contact & Map
Elaine Shay, Esq.
757 Third Avenue
20th Floor
New York, NY 10017
Telephone: (212) 520-2690