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Questions Answered by Elaine Shay
2 Answers | Asked in Landlord - Tenant for New York on
Q: A Stipulation Agreement for Rental Dues, what can I do? Possible Consequences? Fearing Eviction.

My husband and I have fallen back severely on the rent, due to personal health issues we have ended up owing close to 20,000 in rent with multiple months unpaid for. Today was the court date and there was a stipulation agreement put into place where he would have to pay all the months of rent... View More

Elaine Shay
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Elaine Shay
answered on Jan 17, 2024

You may be able to obtain financial assistance to satisfy rent arrears by applying for a "one-shot deal"

https://access.nyc.gov/programs/one-shot-deal/

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Am I legally required to administer my mother's estate if she died owing money?

My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More

Elaine Shay
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Elaine Shay
answered on Jan 16, 2024

If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.

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2 Answers | Asked in Real Estate Law for New York on
Q: escrow account created after forced sale and my siblings didn’t notify me of sale and escrow . This is Puerto Rico

There are 4 heirs in this scenario. My father’s wife and his two children. I had received a letter in 3/20( Covid) i was sick al’s in hospital. It’s

my believe the property may have been sold under value , in 2010 the value was at 47,900

I just found out they the grape vine... View More

Elaine Shay
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Elaine Shay
answered on Jan 2, 2024

If your father was a resident of Puerto Rico and the property is also in Puerto Rico, you question is better directed to an attorney in that jurisdiction.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Does a tenant need to pay partial costs for items (fridge, cabinet, carpeting) at move out ? No lease in place.

Tenant lives in the Bronx and does not have a current lease. The landlord is asking they pay for repairs/upgrades needed to household items (ex. fridge, cabinet, carpeting). Tenant moving out at beginning of month, and paying for the full month. Landlord will be keeping deposit.

Is tenant... View More

Elaine Shay
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Elaine Shay
answered on Dec 5, 2023

Generally, the law in New York does not mandate that rent be prorated if a tenant occupies an apartment for only a portion of the month. Tenants are responsible for damage to an apartment during their occupancy but not for upgrade that are not made at their request.

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2 Answers | Asked in Probate for New York on
Q: Archive.com ad Familysearch.com provides death date information, is this acceptable?

With death information provided by this online site which also connects deceased family members with their other relatives, may I use this information in place of a death certificate? Thanks for your previous response.

Elaine Shay
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Elaine Shay
answered on Nov 26, 2023

No, this type of website info is not a substitute for a death certificate

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can i start a legal case against my building if they refuse to exterminate and caulk floor due to thick gaps?

I have tiny beetles infestation in my toddler and I apartment which as of sep 9th has been notified to the building manager. The manager states he cant caulk the floor due to “possible expansion and elevation of the foundation” and the exterminator stated “they will eventually go away” i... View More

Elaine Shay
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Elaine Shay
answered on Oct 11, 2023

You can commence an HP proceeding in Housing Court. The Court will schedule an inspection and if violations are issued the landlord will be order to make necessary repairs and/or exterminate.

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4 Answers | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?

I was charged for the outside lawyer to represent me at the closing.

Elaine Shay
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Elaine Shay
answered on Aug 31, 2023

It is not uncommon for law firms to assign associates or use an of counsel attorney to attend closings on behalf of a client. Your retainer agreement should specify the charges that you will incur.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: where can I get a for to evict a person from my home, rent is not the problem
Elaine Shay
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Elaine Shay
answered on Jul 24, 2023

This website should have helpful information for you: https://ww2.nycourts.gov/courts/8jd/chcforms.shtml

3 Answers | Asked in Landlord - Tenant for New York on
Q: Does the law prohibit a landlord of a rent stabilized NYC building to accept one year payment in advance plus security

from a tenant who otherwise would be rejected because of insufficient credit?

Elaine Shay
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Elaine Shay
answered on Jul 14, 2023

Prepayment of rent is considered to be an additional security deposit that is prohibited by the Housing Stability and Tenant Protection Act of 2019. So a landlord cannot accept one-year prepayment of rent.

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2 Answers | Asked in Real Estate Law for New York on
Q: is it legally possible to be real estate agent, home inspector, and notary at the same time in new york?

I want to be all three of these things, and its been brought to my attention that there are ethical concerns and could possible lead to conflict of interest, but am planning on keep these three things separate and providing for other people's transactions.

Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 9, 2023

There is no legal prohibition against being a real estate agent, home inspector and notary that I am aware of in New York State. However, there may be ethical/legal considerations that would prohibit an individual from acting in all three roles simultaneously at the same time or in the same... View More

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3 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: my brother owns a home, i am his only sister and relative does it automatically pass to me upon his passing

should i get documentation before he passes and how would that impact me in terms of taxes

Elaine Shay
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Elaine Shay
answered on May 18, 2023

Your brother may direct the disposition of his property in any manner he decides upon in his Will. In the event that your brother passes without a Will, if he is a New York resident his property would pass according to applicable law which the following link summarizes:... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I had no heat from Dec 23,2022 - February 28,2023. I withheld rent. Received papers to move out end of may. Can I fight?

This on top of him being a not so attentive manager.

Elaine Shay
PREMIUM
Elaine Shay
answered on May 18, 2023

Failure to provide essential services can entitle a tenant to a partial rent abatement. If you were served with a holdover proceeding, you may be entitled to claim retaliation for report of conditions as a defense. Seriously consider seeking legal representation in your area for assistance.

2 Answers | Asked in Landlord - Tenant for New York on
Q: i gave 500 for an apartment i never moved into but i was never told it was nonrefundable can i get my money back?

I put 500 for an apartment i never moved into due to my job relocating me i was never told it was nonrefundable or else i would have never given the money

Elaine Shay
PREMIUM
Elaine Shay
answered on May 8, 2023

If you disagree with the determination by the Landlord or Property Manager, you may want to consider commencing a case in Small Claims Court.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Is it against a tenant right for a landlord to prevent them from using the kitchen, stove and refrigerator and hot plate

The occupancy is renting a room within someone’s dwelling

Elaine Shay
PREMIUM
Elaine Shay
answered on May 4, 2023

Landlords are not legally permitted to subdivide and rent out separate areas of an individual apartment to different tenants. If you are renting directly from the owner of the building, you should give serious consideration to speaking with and retaining an attorney to assist you.

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3 Answers | Asked in Real Estate Law for New York on
Q: My board conducts its annual meetings online and prevents new candidates from running. What are the legal options?
Elaine Shay
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Elaine Shay
answered on May 1, 2023

If permitted by the By-Laws, the annual meeting may be conducted online. You'd have to be more specific about what the Board does to prevent new candidates from running. It isn't uncommon to have a hard time getting enough shareholders willing to sit on the Board.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: i live in NYS and would like some advise on how to evict my boyfriend from my home.

BF is not on my mortgage. we have one child in common who is 6. he will not leave. i have been given conflicting information on how to proceed so i would appreciate any guidance.

Elaine Shay
PREMIUM
Elaine Shay
answered on Apr 26, 2023

Generally, to evict someone that you have a "family" relationship with, you would need to commence an ejectment case in Supreme Court. Although as an individual you are not required to have an attorney, I would strongly encourage you to retain local counsel to assist you.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: What to do if the landlord does not refund my extra rent payment?

I put automatic payment, and I did not get it off in the last month. I have demanded the landlord to refund me back the extra rental fee for over 6 months, and I still have not received any payment. I looked it up and only deposit case is mentioned.

Elaine Shay
PREMIUM
Elaine Shay
answered on Mar 12, 2023

You may commence a case in Small Claims Court to recover up to $10,000.

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1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Probate for New York on
Q: I am the beneficiary on my deceased sister’s POD bank account. Do I have the right to get a copy of bank statements?

The bank said only the executor of the estate can get it. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina (where she used to live) The executor of the estate, a friend in... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Feb 24, 2023

Questions about Estate matters are controlled by the law of the State where the decedent resided at the time of death. Therefore, although you may live in New York, your question is better directed to attorneys practicing in the State of your late sister's residence.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hi I got a 14 days demand payment of back rent , I got the notices on Feb 17 notices is dated Feb 8 how many day I have

Do I astart counting the day I was served? Feb 17 ?

Elaine Shay
PREMIUM
Elaine Shay
answered on Feb 21, 2023

Generally, start counting from the day the notice was served.

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