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James Marino successfully advanced an argument in an appeal of a Dept. of Buildings AirBnb matter regarding whether aggravated penalties should have been imposed. The owner had been cited for alleged transient occupancy because a tenant had advertised the apartment on AirBnb, and the DOB alleged that a transient tenant had answered that advertisement. The owner had a similar issue in the past, and the Administrative Law Judge hearing the case imposed aggravated penalties on the later violation because the DOB mentioned the earlier violation in the later notice of violation. James argued on appeal that merely mentioning the earlier violation is not enough to justify aggravated penalties; the notice of violation must ask specifically for such penalties, and the ECB appeals board agreed. The notice in this matter did not specifically ask for such penalties, so $6300.00 in aggravated penalties that had been imposed against the building owner were revoked in ECB Appeal No. 1600535.