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Questions Answered by Elaine Shay

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

Q: Which is better a lease or month to month rental agreement?

For the apartments

Elaine Shay answered on Jul 12, 2019

Neither a lease or month-to-month rental agreement are "better" than the other.... They are both means of renting that carry different pros and cons. A lease assures both the landlord and tenant are obligated to each other for a specified period of time at a certain rental rate. This can be good... Read more »

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

Q: What is consequences if landlord or agent don't follow landlord and tenant law for apartments in Long Island, NY? ​

Elaine Shay answered on Jul 12, 2019

There are a variety of consequences depending upon the manner in which a landlord or agent might act improperly. If you ask a more specific question, you are more likely to get responses with useful information.

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

Q: I had a tenant (no lease) whose rent was being paid by the VA. VA stopped paying last April.

He has since moved in other people. We took them to court to evict them. Tenant filed a motion and the court continues to extend their time in the apartment. Court ruled they were suppose to pay rent for April and May still haven't received it. What can I do to quickly evict them? We havent... Read more »

Elaine Shay answered on Jul 10, 2019

In order to legally evict a tenant, you must obtain a judgment of possession and have the eviction conducted by a Marshal. Since you describe already being in Court on this matter, you should know if you already have a judgment of possession. If you are not sure, you can ask your attorney or the... Read more »

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

Q: I have a wrongful eviction on my record that shows up when new landlords run credit checks. I How can I get this off?

I sent in my lease renewal late, but I had spoken with someone in the leasing department letting them know I was sending it in. I sent it in and received a signed copy from their end. Then about 2 months later I got an eviction notice. When I called the company, they had no record of my signed... Read more »

Elaine Shay answered on Jul 10, 2019

The Housing Stability and Tenant Protection Act of 2019 that was enacted in June prevents the future use of the so called "Tenant Black List". Therefore, going forward this should no longer be a problem for you.

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

Q: Was it legal to pay rent for basement apartment without a lease?

Elaine Shay answered on Jul 10, 2019

Generally money paid as rent for a basement apartment that may have been in violation of applicable regulations is not recoverable. However, it may be the basis for being relieved from paying future rent.

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

Q: Is there a deadline for co-ops to provide financial statements to its shareholders?

Elaine Shay answered on Jul 8, 2019

Both NYS law and the Coop's By-Laws address requirements for the financial information that must be provided to shareholders. If you have questions about your specific building, it would be useful to sit down with an attorney to review the unique circumstances of your Coop.

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

Q: I would like to know if I need to amend the current deed to my home?

Currently there are 3 persons listed on the deed in which I am one. The other 2 persons listed, my mother and my aunt are now both deceased.

Elaine Shay answered on Jul 8, 2019

When one of several people named as owners of a property on a deed dies, how the property was owned determines what happens to their interest in the property. For example, if the deed indicates that the people on the deed own the property as "joint tenants with right of survivorship" the deceased... Read more »

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

Q: Is Landlord/Agent required to provide tenant Lead Paint Disclosure of Information before tenant moving in apartment?

Elaine Shay answered on Jul 7, 2019

Useful links for info on lead paint

NYC: https://www1.nyc.gov/site/hpd/owners/Lead-Based-Paint.page

NYS: https://ag.ny.gov/environmental/lead/lead-paint-rental-homes

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

Q: Is it legal for three occupants to live in one bedroom (735 sq ft) apartment complex in New York?

Elaine Shay answered on Jul 4, 2019

That is a more complicated question than you may realize and can depend on who is on the lease and the relationship of the occupants as well as the square footage of the apartment. This article should be useful: https://streeteasy.com/blog/legal-number-people-nyc-apartment/

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

Q: Landlord wants a copy of 7 months of bank statements, which I have to pay $5.00 a month for, and threatened eviction.

They want, 2017, and 18. They want it today. Do I have to comply?

Elaine Shay answered on Jul 2, 2019

If you and the landlord have a dispute regarding possible rent arrears, the landlord can commence a nonpayment proceeding in Housing Court. As part of that case, it might be in your interest to produce proof of past payments but at this point it is your decision whether it is a sensible way of... Read more »

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

Q: landlord just served notice that after 4 years of uttilities included hes shutting them off in 4 days

if 1 month back rent not paid

Elaine Shay answered on Jun 28, 2019

The remedy for addressing rent arrears is to commence a nonpayment proceeding and landlords are not instead permitted to terminate services. If the landlord terminates your electric service, contacting the police or commencing should remedy the situation.

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

Q: What if you own the house can you change the locks she hasn't stayed there in a month but her things are there

Elaine Shay answered on Jun 24, 2019

Doing something like that could be considered an illegal eviction and you could be liable for damages. The safest thing to do is to regain possession through legal proceedings awarding you a judgment of possession that is executed on by the Marshal/Sheriff

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

Q: Can a notarized document of ownership hold up in NYC courts?

Elaine Shay answered on Jun 24, 2019

Ownership of real property is documented by a deed.

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

Q: Once a person was served papers of non-payment covery possession do they get to stay in the place until you go to court

She was supposed to be out by May 1st I gave her until June she's still there hasn't paid half the rent I filed petition and then she said she was going to be out by the 30th of this month does she get to stay until we go to court

Elaine Shay answered on Jun 24, 2019

Tenants retain the right to possession until a judgment of possession has been issued by the Court and executed upon by the Marshal or Sheriff

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

Q: I don't agree with the new co-tenant chosen by my landlord and want to break my lease.

I am on a one year lease with my current apartment and am renting one of the three bedrooms. It was an all female apartment earlier. One of my co-tenants recently moved out and my landlord wants to bring in a male to replace her. I have never lived with a guy before and am not comfortable with this... Read more »

Elaine Shay answered on Jun 20, 2019

In NYC, except for limited number of remaining SROs, landlords are not permitted to rent out individual rooms in an apartment to different tenants. Instead a landlord may rent an apartment to tenant or co-tenants that work out their own arrangements regarding the sharing of the space.... the... Read more »

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

Q: Can a corporation be named as a residential entity in a sale of a house?

Does a corporation need to have a ceo listed as owner & then sell or purchase a home as a corporation?

Elaine Shay answered on Jun 20, 2019

Corporations buy and sell property in the corporate name and the documents are signed by properly authorized officers of the corporation. A corporate resolution may also be necessary.

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

Q: I moved out of my apartment before my lease was up. I informed my landlord before I left and continued to pay my rent

My rent was paid in full through the course of the lease. My security deposit was not returned within 20 days of me moving out. One of the people I rented with did not pay $850 in rent and had a cat that caused damage (urine smell) to the apartment-lease said no pets, landlord said she gave... Read more »

Elaine Shay answered on Jun 18, 2019

When you sign a lease for an apartment, you become responsible for 100% of the rent payment due pursuant to the lease and not just your proportionate share if you have a co-tenant/roommate. Likewise you would be responsible for damage to the apartment that occurred during your tenancy whether you... Read more »

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

Q: What exactly need to be done to get a clearance to close on a property in foreclosure?

selling a property in foreclosure. property is being sold before going to auction.

Mortgage broker told me they cant close until title is clear. What exactly needs to be done by the attorney to have it cleared?

Elaine Shay answered on Jun 18, 2019

There is not a one-size fits all answer to your question. You will have to review the title report to see what exception are listed that need to be cleared.

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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...
Read more »

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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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