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Questions Answered by Elaine Shay

2 Answers | Asked in Real Estate Law and Animal / Dog Law for New York on

Q: Is a Board of Managers allowed to release medical records on file for an ESA to all residents in a Condo Assn?

The condo board requires a letter from a medical professional, which is being requested by non board members to know why someone would have an ESA

Elaine Shay answered on Jun 13, 2019

The answer largely depends upon how the Board came into possession of the information. Unfortunately, HIPPA does not apply in all circumstances. See the following and the cited website for more info on who HIPPA applies to.

Who is Covered by the Privacy Rule

The Privacy Rule, as...
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2 Answers | Asked in Real Estate Law for New York on

Q: My mom died and I have been trying to get the house transferred into my name but my half sister will not cooperate.

My Mother passed away 7 years ago and had no will. I found an attorney and was made administrator over her estate because she owned a house. I have a sister who wouldn't respond to anything during the process of me trying to get the house transferred into my name. My attorney tried to reach out to... Read more »

Elaine Shay answered on Jun 13, 2019

Actually, if the only asset was the house, there was no will and you and your half-sister were the only heirs at law, it should not have been necessary to file for an administration as title to the property transfers by operation of law. If your half-sister is unwilling to cooperate with the... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for New York on

Q: Can roommate sue after they found a subletter that later left without me having any contact in months?

I am on the lease with 2 other girls but was being harassed. They wanted to find their own subletter so I left and they later found one and I had no contact with them. I forfeited my portion of the security deposit. Now that subletter moved out too and they are looking again. Can they sue me for my... Read more »

Elaine Shay answered on Jun 10, 2019

When you sign a lease as a co-tenant, each co-tenant remains responsible to the landlord for the full amount of the rent due to the landlord. This is true regardless of whether a co-tenant moves out before the expiration of the lease.

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1 Answer | Asked in Landlord - Tenant for New York on

Q: Is it illegal to evict tenant just because they refuse to communicate. Rent is up-to-date and no other issues

I believe my landlord is illegally evicting me. reason 1.. We were up-to-date on rent, we were behind but paid the balance. Landlord claims we still owe a significant amount, we have all rent receipts (money order receipts) to prove nothing is owed. This has happened a few years ago, and I was... Read more »

Elaine Shay answered on Jun 10, 2019

If your rent is fully paid, you would have a defense to a nonpayment proceeding. However, unless you reside in a rent-regulated apartment or have the protection of a current lease, the landlord does not need cause to terminate your tenancy and commence a holdover proceeding to evict you.

1 Answer | Asked in Landlord - Tenant for New York on

Q: What do we do if we paid the rent owed but still got a court summons?

Hey! So we recently got a summons for court despite paying our owed rent within the five days’ notice they gave. It was initially issued for the end of May, but did not get to us on time so they adjusted the date, as you can see in the photo, with white-out. However, it is my understanding that... Read more »

Elaine Shay answered on Jun 10, 2019

Regardless of whether you have fully paid your rent, it would be risky to ignore a nonpayment petition. The safer course of action is to attend the court proceeding and bring your proof of payments to establish to the Court that the rent has in fact been paid.

1 Answer | Asked in Landlord - Tenant for New York on

Q: My fiancee and I are living with my parents while we get back on our feet.

My fiancee and I are living with my parents while we get back on our feet. My dad seems to think he has the right to just come into her room and just go through stuff or to look for things I tell them we don't have. They think we have no privacy rights because they listed us as guests and I think... Read more »

Elaine Shay answered on Jun 10, 2019

Depending on local building codes and relevant regulations/laws, it may not be legal to place a lock on an bedroom door in a home. However, regardless of the legal issue, you are describing a tense family situation that would probably be better resolved by making your stay as brief as possible.... Read more »

3 Answers | Asked in Real Estate Law and Banking for New York on

Q: Is a Referee deed valid if the grantor listed was not on the deed

My house was sold back to the bank after a foreclosure the Referee listed my exhusband as the Grantor on the deed instead of me. He was removed from the deed by quit claim when we got divorced 12 yrs ago. He was still on the mortgage but he was no longer responsible for that either since he filed... Read more »

Elaine Shay answered on Jun 6, 2019

If the mortgage recorded against the property at the time your ex-husband executed a quit claim deed to you, he could only give you the interest in the property subject to terms of that mortgage.

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2 Answers | Asked in Real Estate Law for New York on

Q: Me and my partner have broken up but own a house together what do I do to get my name off of the house.

How can I get my name off of this house I no longer want this house anymore how do I go about this situation I don’t think he would want to sell if I mention it to him. He already has tried refinancing the house under his name but couldn’t his debt to ratio was too high. What do I do to get out... Read more »

Elaine Shay answered on Jun 4, 2019

If your partner cannot refinance and won't agree to sell the property, you can compel a sale by commencing a partition case in Supreme Court.

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Municipal Law for New York on

Q: My husband's mother passed away and did not have a will. What will happen to her home? There is no mortgage owed.

The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?

Elaine Shay answered on Jun 4, 2019

If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for New York on

Q: My father passed away and his house in Puerto Rico still has a tenant. She has been paying the same rent for almost

Over 15 years or so, I really don’t know. And the taxes are more than what she pays in rent. How h much can I raise the rent and when, etc. any info will help

Elaine Shay answered on Jun 4, 2019

Since the property is in Puerto Rico, your question would be better directed to an attorney admitted to practice in that jurisdiction.

1 Answer | Asked in Landlord - Tenant for New York on

Q: Rochester NY, does month-month written agreement say I can use security deposit for last months rent? Rent paid may 1

Txt:"Your security deposit will be used toward any damages made to the room (as you have admitted to there being damage to the carpet) as well as retribution for any unpaid rg&e, internet and water charges after you have moved out. The remainder of the security deposit will be returned back to... Read more »

Elaine Shay answered on Jun 4, 2019

This language appears ambiguous. However, as a general rule security deposits are not intended to be used for rent unless a tenant is in arrears at the end of the tenancy.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: How can I respond to my landlord's 30 day to terminate my lease to request more time to move out?

My lease is month to month ending May 31st and I would simply like more time until July 1st . I do not wish to pursue any other legal action against them but simply want more time. Is this something that I should request via a lawyer?

Elaine Shay answered on May 16, 2019

In NYC to terminate a month-to-month tenancy a landlord is required to serve a 30 Day Notice. If the tenant does not vacate by the date specified in the Notice, the landlord's next step is to serve a Notice of Petition & Petition commencing a holdover proceeding in Housing Court. Because of the... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on

Q: Im looking for advice for removing my sisters drug-influenced boyfriend from my moms apartment (where i also live).

He does drugs and drinks daily, with proof.

He or my sister do not contribute to rent or household, only she is on the lease (but that´s to be determined soon in housing court).

I will start working so i do not want him here while my mothers alone with my toddler daughter.... Read more »

Elaine Shay answered on May 15, 2019

This is an alarming situation and more complicated than it may at first seem. If circumstances are not sufficient so that can obtain an Order of Protection from Family Court, relief may be available through Housing Court. However, the person named as tenant on the lease would have to be willing... Read more »

1 Answer | Asked in Real Estate Law for New York on

Q: My grandma donated her house in Puerto Rico to me. When she passed away I hired a lawyer to locate deed. Well the house

Was under my grandma & her husband. When her husband died 1 property was given to his family. & my grandma stayed with 1. My lawyer found prove of that transaction & she told me al she needed to do was present the donation papers to a judge & the property would be mine. But then hurricane Maria... Read more »

Elaine Shay answered on May 14, 2019

Matters related to real property and inheritance are handled differently state by state. Therefore, you will need to direct your question to attorneys practicing in Puerto Rico not New York.

1 Answer | Asked in Civil Rights, Identity Theft, Personal Injury and Real Estate Law for New York on

Q: We won judgement that it is not plaintiffs house. Fatally defective paperwork and no monetary exchange.

Plaintiff put her name on our house eight months later after stealing all of our worldly possessions.Recently put a fence up that i can't enter my own property. Notary public papers i was not privy to seeing. Removed by police i was!!!!!

Elaine Shay answered on May 11, 2019

There appears to be a lot more to your story than you have been able to post here. It would probably be necessary to sit down with an attorney and take the time to fully explain your situation to receive meaningful advice.

1 Answer | Asked in Landlord - Tenant for New York on

Q: My tenant is withholding rent for something they did, stating that the late fee is invalid. Can I evict for being late?

My tenant who hit a light pole at the end of the driveway, they are now demanding my homeowners' insurance info to make a claim. (there's off-street parking too and they claim they couldn't back out)They are now withholding rent until I give it to them. However, I spoke with my insurance company... Read more »

Elaine Shay answered on May 7, 2019

If the tenant is not rent-regulated or protected by the terms of an existing lease, you do not need a reason to commence a holdover proceeding in Housing Court to obtain a warrant of eviction. Since even small errors in legal papers necessary to bring the case can result in dismissal of a case... Read more »

2 Answers | Asked in Contracts and Real Estate Law for New York on

Q: Sellers being difficult about the closing date

I am purchasing a house in NY and i have being clear to close for the last two weeks, however, my sellers have been difficult about providing a closing date. My loan commitment expires on May 30th but they want to close on May 31st. The contract reads that closing should take place on or about... Read more »

Elaine Shay answered on Apr 26, 2019

This question is better directed to the attorney representing you in this transaction. He or she should be familiar with the terms of your contract .

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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New York on

Q: what can i do if my landlord is trying to make me remove my dog but my neighbor has a dog? they dont reply to me

my lease states no dog but i assumed it would be ok because my neighbor has a dog. i did not realize it stated no pets because i brushed right by it. they dont answer my emails and when she does its very rude. i call the office they tell the assitants to say they are not there. what can i do ?

Elaine Shay answered on Apr 25, 2019

Parties to a lease are presumed to be responsible for reading the documents they sign and if they fail to do so sometimes suffer unfortunate consequences. Fortunately, if the landlord waits more than three months to take action to enforce the "no pet" provision of the lease, you may have a defense... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: Security deposit

It has been 90 days. I had sent a certified letter 30 days before the move and end of lease. My landlord moved without notifying me (which is in violation of the lease) and it never was forwarded because she left no address. I emailed her after moving out and stated to communicate via certified... Read more »

Elaine Shay answered on Apr 18, 2019

Sounds as though you have already made good faith efforts to recover your security deposit without litigation, so may be time to sue. Depending upon the amount involved and your location, you may be able to sue in Small Claims Court.

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3 Answers | Asked in Foreclosure and Landlord - Tenant for New York on

Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?

I am a tenant of a property that the landlord stated was going into foreclosure. The landlord vacated the property as of November 1st 2018 and at the same time my lease also ended. I continued to pay rent and she still collected payment from Section 8 Housing Authority as well. I put in for a... Read more »

Elaine Shay answered on Apr 17, 2019

According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from... Read more »

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