Elizabeth Shollenberger represented residential tenants in a wide range of housing proceedings as a legal services attorney at Bronx Legal Services within its housing unit (1988 to 1999). As the head of the Elder Law Unit of Bronx Legal Services (1999 to 2003), she resolved tenants’ SCRIE issues and dealt with foreclosure scams in addition to preventing the eviction of senior citizens. At Queens Legal Services (2003-2009), Elizabeth represented homeowners in foreclosures, residents in cooperative apartments in disputes with their cooperative boards, and others in housing disputes.
As a private practitioner, Elizabeth Shollenberger continues to represent tenants in matters involving their Landlord/Tenant relationship, including those who live in co-operatives or condos and those with commercial leases.
Specific kinds of cases that Elizabeth has litigated include:
- Primary residency proceedings, in which the landlord has refused to renew a rent-regulated lease, claiming that the tenants were not using the apartment as their primary residence.
- Succession cases, in which a family member or a non-traditional family member seeks to keep the apartment that the named tenant has moved out of.
- Pet cases, in which landlords have sought to evict tenants because of the tenant’s pet ownership.
- Owner’s use cases, in which the landlords claim that they need the tenant’s rent-regulated apartment for their own family’s use.
- Disability cases, in which landlords are forced to make reasonable accommodations to a tenant’s disability.
- Cases where the landlord seeks to evict based on an alleged lease violations or other alleged misconduct by the tenant.
She has successfully represented tenants in housing court in trials and settlements; in New York City Civil Court and in local courts outside NYC; in New York Supreme Court; and in appeals at all levels, including in New York’s highest court, the Court of Appeals, where Elizabeth won a landmark victory for rent-regulated tenants with second residences. She has also represented tenants in administrative proceedings before the State Division of Housing and Community Renewal and other agencies. Elizabeth has successfully challenged anti-tenant decisions of state and city agencies in proceedings in State Supreme Court and in the appellate courts, including Article 78 proceedings.
Elizabeth staffed a housing clinic in Greenwich Village as a volunteer attorney for 24 years, from 1983 through 2008 and she has also represented people with AIDS as a volunteer attorney with GMHC, in housing matters and in other realms.
Some of her appellate victories include:
Glenbriar v. Lipsman, 5 N.Y. 3d 388 (2005)(establishing the standard in the Court of Appeals for primary residency)
23 Jones St. Assoc. v. Beretta, 182 Misc.2d 177 (App. Term, 1st Dept. 1994)(establishing the rights of a surviving spouse to her husband’s rent controlled apartment
Table Run Estates v. Perez, NYLJ 2/23/94 (App. Term, 1st Dept. 1994)(allowing a tenant to vacate an agreement when the tenant was unaware of all alternatives)