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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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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. Can I be evicted if I provided a hardship declaration during covid
A: If you filed a Hardship Declaration, you can’t be evicted before the moratorium is over unless you are engaging in offensive or dangerous conduct. However, you remain fully liable for all rents due, even during the moratorium. The landlord will be able to commence legal proceedings to evict you for rent arrears and take steps to garnish wages or execute against bank accounts.
Q. one of my roommates wants to ask the landlord for me to be kicked off the lease. is he allowed to do that
A: A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.
Q. Can a landlord deny me a rental because I have a baby? It’s 3 bedrooms 2 bath and they said it’s too small for 3 people
A: In NYC landlord's cannot refuse to rent to a prospective tenant because he/she/they have children.
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Websites & Blogs
Website
Contact & Map
Office
800 3rd Avenue, Suite 2800
New York, NY 10022
Toll-Free: (212) 520-2690