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Questions Answered by Elaine Shay
1 Answer | Asked in Real Estate Law for New York on
Q: mother in law loaned 150000 used house as collateral and sign the collateral loan papers can she put lien and stop sale?
Elaine Shay
Elaine Shay
answered on Apr 13, 2022

If the owner of a property takes a loan to someone (including a mother-in-law) that is secured by a mortgage against the property, the property cannot be conveyed free of the mortgage unless it is satisfied at the closing.

2 Answers | Asked in Landlord - Tenant for New York on
Q: I have a court date for non payment eviction on april 18th. If I pay what I owe before court, do they have to cancel it?
Elaine Shay
Elaine Shay
answered on Apr 13, 2022

In order to assure that you have been given credit for your payment and that the landlord does not continue to prosecute the case, you should appear to confirm the case has been discontinued.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can you evict an 18 year old from the family residence in NY who has not graduated high school?

And before anyone else offers a lecture on parenting, maybe assume we have done everything else in our power and are being terrorized on a daily basis.

Elaine Shay
Elaine Shay
answered on Apr 12, 2022

Maybe the better question is why would a family member living with the 18 year old want to evict a high school student from his/her family home. If there are problems within the family, there are a number on resources for assistance depending on the problems involved.

1 Answer | Asked in Real Estate Law for New York on
Q: how much does it cost to do add a person to deed and put in stipulations
Elaine Shay
Elaine Shay
answered on Mar 21, 2022

The fee lawyers charge to prepare deeds vary between firms. In addition, in order to record a deed, transfer tax documents also need to be completed and filed. The amount of any transfer tax depends on the amount paid and where the property is located. The same is true for the filing fees.

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Landlord - Tenant for New York on
Q: we rented/own property from a shady dealer who promised that we'd have foundation (there isn't). can we sue or get help?

my mother who rented from our old landlord was promised that the three houses (trailers) would have foundation under all of them. when the ink was placed and the money spent we were stuck with 3 trailers that had no foundation, were not up to code, and now are slowly destroying themselves because... View More

Elaine Shay
Elaine Shay
answered on Mar 17, 2022

In order to determine whether you have a potential cause of action against the seller, the contract that was signed will need to be reviewed. I suggest scheduling a consultation with a local attorney to have the contract and the facts of your situation properly reviewed so that you can receive the... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Other lawyer did not show up for the date and the judge dismissed, then they cancelled and it was still on a later date

I had a housing court date that I showed up for. The opposing lawyer did not show up for the date and the judge dismissed. They called days later and said the clerk messed the date up the date on the answer sheet and the case is not dismissed anymore. Is this allowed? And is there something I... View More

Elaine Shay
Elaine Shay
answered on Mar 14, 2022

Sometimes even court clerk's make mistakes. Even if the case had been dismissed on default, it would not be on the merits and the landlord would only need to make a motion to restore the case to the calendar.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can leasing office tell you when a tenant is moving out?
Elaine Shay
Elaine Shay
answered on Mar 14, 2022

A leasing office may disclose when it expects to have a vacant apartment available.

1 Answer | Asked in Real Estate Law for New York on
Q: I am receiving letters from PR for my mom(deceased) but I do not read or speak spanish. I has to do with land. Help

My mom owns land in PR with a few others. I cannot get anyone to call me back in English or have the letters translated. Any suggestions?

Elaine Shay
Elaine Shay
answered on Mar 14, 2022

If you don't have a friend or relative that is fluent in Spanish to translate for you, there are numerous translations services available for reasonable fees. Simply run a Google search to secure a translation.

1 Answer | Asked in Elder Law and Probate for New York on
Q: Need a Notary Public to witness signing my will
Elaine Shay
Elaine Shay
answered on Mar 14, 2022

In New York State a notary public is not required for a will but two witnesses are. Since all formalities must be properly completed or a will to be accepted to probate, I strongly suggest that you have a lawyer prepare and supervise the execution of your will instead of DIY.

1 Answer | Asked in Real Estate Law for New York on
Q: I am an administrator of a rental property after my partner passed away (previous owner). What rights do I have?

I am the partner of the previous owner of the building, who passed away. I am now administrator. I am considering a rent adjustment, transferring responsibility of utilities to the tenants, etc. What rights do I have to make changes? Am I the highest ranking person in charge of the building? I am... View More

Elaine Shay
Elaine Shay
answered on Mar 14, 2022

Your status with respect to the property depends on a number of factors. For example, do mean business or romantic "partner" and has Surrogate's Court appointed you as the Administrator? These and other factors determine the scope of your rights and responsibilities with respect to the property.

1 Answer | Asked in Real Estate Law for New York on
Q: Hello. How can I protect real estate assets purchased from personal money ?

My husband and I take a set amount of personal money and put the rest of our pay in a joint account. I would like to use my personal money to purchase real estate that I will put under an LLC. If we get divorced, how can I protect these real estate investments from becoming marital assets that need... View More

Elaine Shay
Elaine Shay
answered on Mar 11, 2022

It's unclear what you are actually asking. Generally, investors hold real estate in the name of a corporation or LLC to protect against personal liability. If you are asking a different question, it would help to be a bit more clear.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can tenant still be evicted after applying for rental assistance that is pending?

We have a tenant who has almost never paid rent in full since he started living here but when covid started he stopped paying or would pay small amounts. We were hoping to be able to convict him once the moratorium was over but now he applied for the rental assistance program and it's pending.... View More

Elaine Shay
Elaine Shay
answered on Mar 11, 2022

How does ERAP affect my eviction case?

If you have a pending eviction proceeding, your ERAP application will stay (temporarily stop) your eviction case. This stay remains until a decision is made on your ERAP application. Housing Court will not hear your case and you cannot be evicted...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord refuse to let someone from staying in our apartment because he doesn't like them?

My landlord evicted them from there apartment.

Elaine Shay
Elaine Shay
answered on Mar 7, 2022

Generally, a landlord cannot prevent a tenant from having the guests of his or her choice visit or stay over in an unregulated rental apartment. However, if the tenant does not have a lease or is otherwise protected, a landlord may commence eviction proceedings against a tenant that allows guests... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: trying to transfer father's lease (rental apartment) to his daughter. what kind of letter is needed?
Elaine Shay
Elaine Shay
answered on Mar 7, 2022

Leases are generally not transferable without the consent of both parties. If you are instead referring to succession rights, that is a different question.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is my landlord responsible for property stolen outside apartment building when tenant was refused to bring item inside

Item was delivered but left outside because tenant was told not allowed to bring item inside apartment

Elaine Shay
Elaine Shay
answered on Mar 7, 2022

Probably not as this did not prevent the tenant from storing the item in a different location.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a wife use landllord & tenant court to kick an ex Husband out of the home she owns that they both live in for years?

tHEIR 24 YEAR OLD, EMPLOYED COLLEGE GRAD SON LIVES WITH FRIENDS IN ny cITY

Elaine Shay
Elaine Shay
answered on Mar 1, 2022

Maybe, but the preferred method is to bring an ejectment action.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: Prior to the new changes, who inherits property in PR if grandfather died nearly 30 yrs ago?

Out of 7 children and my grandmother, my aunt is the only living child. 24 grandchildren, including her children are living. Under the previous law, who would have been executor of estate and rightful heir? Under new law, I read that we all are. One cousin lives there for years. My aunt claimed... View More

Elaine Shay
Elaine Shay
answered on Feb 27, 2022

The state where a decedent lived at the time of his/her death determines which law applies for the determining distribution of estate assets. In New York, if there is not a will that provides for a different distribution the order of inheritance is outlined at this link:... View More

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: If I don’t have a lease , do I have squatters rights?

My mother lived in this apartment and I took it over . The landlord knew about me taking it over and agreed to it . I never signed any paperwork . He hasn’t fixed one single whole in the walls . Hasn’t got me a new fridge or a working stove . I’ve been here since November and have been paying... View More

Elaine Shay
Elaine Shay
answered on Feb 16, 2022

If you have been paying rent directly to the landlord and the landlord has accepted your payments, you shouldn't have to rely on "squatter's rights" but are instead a tenant entitled to legal protections afforded by the Housing Stability and Tenant Protection Act of 2019 as well... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our landlord signed new tenants but didn’t tell us when he was signing the new people, can we stay in the house?
Elaine Shay
Elaine Shay
answered on Feb 10, 2022

Landlord's are not required to disclose to non-regulated tenants of their future plans for a rental unit. In the event a tenant does not have a lease and is not rent-regulated, a landord is required to serve the appropriate notice under HSTPA to terminate an existing tenant's tenancy and... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our landlord is threatening to evict us if we don't replace siding on the house ( it was off before we moved in) Can he?

Moved in Aug 2019; siding was off long before we got here. Contract states we are responsible for repairs and maintainence; but I would assume siding would not be included. It is going to cost upward of $5,000 to do this. He also wants us to repair the roof ( which was also damaged before we moved... View More

Elaine Shay
Elaine Shay
answered on Feb 10, 2022

Unless a tenant the protection of an existing lease or is a rent regulated tenant, the landlord does not need cause to terminate a tenancy. However, if a tenant has complained about conditions that require repair and the landlord is acting in retaliation for good-faith complaints, the tenant may... View More

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