Elaine Shay

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

Attorney

Elaine Shay, Esq.

Current

Arbitrator

FINRA (Financial Industry Regulatory Authority)

Current

Adjunct Professor

Strayer University

Current

Top Contributor

Avvo

2016

New York State Bar Association

Member

Current

American Bar Association

Member

Current

New York State Bar  # 2292225

Member

1989 - Current

New York

Since 1989

• Free Consultation
• Credit Cards Accepted
• Contingent Fees
  On selected overcharge complaints

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

Q. Can I be evicted if I provided a hardship declaration during covid

11 June 2021

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

2 June 2021

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

1 June 2021

A: In NYC landlord's cannot refuse to rent to a prospective tenant because he/she/they have children.