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Elaine Shay
Elaine Shay, Esq.
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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
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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. 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.
- Q. One of the roomate have not pay the rent . Landloard took us to the court
- A: Generally, tenants are jointly and severally liable for rent payments until the vacant apartment is surrendered to the landlord. In plain language this means that whatever agreement roommates may have between themselves regarding how the rent will be share the landlord can look to any of the tenants to collect the full balance due. Leaving an apartment that you have leased without surrendering vacant possession of the apartment to the landlord does not end your liability for rent payments.
Most landlords have attorneys representing their interests and it is always a good idea for a tenant to retain counsel to do the same.
- Q. What are my options as POA to a parent to force the sale of a co-owned house without cooperation of the other party?
- A: When a co-owner refuses to cooperate in the sale of real property located in New York, a partition action may be commenced to compel the sale of the property at auction. In most cases, the parties reach a settlement regarding the sale before an auction is actually required.
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