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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.

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
Elaine Shay, Esq.
FINRA (Financial Industry Regulatory Authority)
Adjunct Professor
Strayer University
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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Jurisdictions Admitted to Practice
New York
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  • 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 Administration, Probate Litigation, Will Contests
    Foreclosure Defense
  • English: Spoken, Written
Legal Answers
Q. I have a situation with a tenant that is subletting and they do not want to return my security deposit
A: It isn't unusual for residential rental agreements of various types to be verbal instead of written; therefore, no need to be overly alarmed that any agreement is not in writing. Unfortunately, it is difficult to understand from your post who "they" may be but I assume you are referring to the landlord. If you rented a residential apartment from the landlord and later subleased the space, the landlord would not generally be required to return your security deposit until the property was delivered back to the landlord free of all occupants, including any subtenant you may have placed in the property.
Q. My father owns an apartment in PR. His girlfriend lives there 5 days a week and my father got her a membership.
A: Since the laws for property rights vary from State to State (or Territory), a New York attorney cannot answer that question for you. Consider posting your question in the board for that area.
Q. I had a promissory note signed and notarized. He borrowed money to buy a house. Can I put a mechanics lien on the house
A: Generally, in New Yorkdirect contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, and landscape gardeners who performs labor or furnishes materials for the improvement of real property may place mechanic's lien on property due to nonpayment. When a loan is given to assist in buying a property, it is more appropriate to file a mortgage.
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800 3rd Avenue, Suite 2800
New York, NY 10022
Toll-Free: (212) 520-2690