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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.

Practice Areas
  • Real Estate Law
  • Landlord Tenant
  • Appeals & Appellate
  • Business Law
  • Probate
  • Foreclosure Defense
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    On selected overcharge complaints
Jurisdictions Admitted to Practice
New York
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  • English: Spoken, Written
Professional Experience
Elaine Shay, Esq.
FINRA (Financial Industry Regulatory Authority)
Adjunct Professor
Strayer University
Benjamin N. Cardozo School of Law
J.D. (1989) | Law
Honors: Magna Cum Laude Graduate
Activities: Cardozo Law Review
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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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Websites & Blogs
Legal Answers
260 Questions Answered

Q. My landlord is refusing to amend a lease to comply with new laws, what recourse do I have?
A: The law would be controlling in the situation you described. If you can't persuade the landlord to return the extra security deposit to you, you could take the landlord to Small Claims Court. In the alternative, you could withhold the amount in question from your rent but the landlord might start a nonpayment case against you and you might have to take time to go to Housing Court to get it all sorted out.
Q. : Can a landlord keep a security deposit?
A: It isn't clear from your description why the landlord would give you back the security deposit you paid. If you just moved in a security deposit would not usually be refunded to you until after you had vacated. If you signed a lease and paid the security deposit then but changed your mind and never moved in, you may still be responsible for rent until a new tenant is found. In that case, unlikely you will see your deposit back.
Q. Do both sides of buying a house have the right of seeing the closing documents before a house closing?
A: Mr. 2 needs to stop relying on Mr. 1's lawyer and get his own representation.
Q. I have a question regarding breaking a lease agreement less than 24 hours after i signed it
A: The recently enacted Tenant Protection Act of 2019 is good news for you. The Tenant protection Act makes clear that residential landlords have a duty to mitigate damages by attempting to re-lease an apartment when a tenant has broken a lease. Therefore, your "landlord" may be hurting him/herself if they make no effort to find another tenant to replace you. However, you will still have the trouble of trying to recover the payments you have already made to the landlord and may wind up having to go to Small Claims Court to do so.
Q. Can fire stairs be legally used for day-to-day going between floors? Landlord says fire code only allows the elevator.
A: Tenancies are contractual relationships that are governed by the terms of their lease. Reviewing your lease is the best place to start in determining your rights.
Q. Adverse Possession ? 1/11/2006 foreclosed 6/2006, knew not a thing about it and they sold it 3/2015. Does this meet it
A: I'm sure you are anxious for an answer but a real answer to your situation would best be sought by having an attorney review all the documents and facts related to your situation.
Q. If my husband acquires a condo in Puerto Rico, must he put my name on the deed?
A: There is no obligation for married people to include the name of their spouse on title to property that they may acquire.
Q. If the landlord is renting a basement space to the tenant but in fact the space is a cellar space, is the lease valid?
A: Most rentals of basement/cellar apartments are violations of relevant housing codes. The landlord may be subject to fines for the improper use and the tenant may have a defense to the landlord's efforts to recover rents. It may be possible to negotiate a settlement that results in a payment to the tenant for agreeing to vacate an "illegal" apartment.
Q. Our Super charges a months rent to renters, he thinks no one knows. How can we stop this and there be justice
A: If you are the landlord and employ the super, you may consider terminating the super's employment. If you are already a tenant, you can refuse to pay an unauthorized charge or bring the issue to the landlord's attention.
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Contact & Map
880 Third Avenue, Suite 2800
New York, NY 10022
Toll-Free: (212) 520-2690