James Marino Helps Owner Avoid Excessive Penalties in AirBnb Case at the Environmental Control Board

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.

James Marino Conducts Presentation at CHIP

On December 9, 2014, James R. Marino served as a member of the presenting panel at the seminar conducted by the Community Housing Improvement Program (“CHIP”) titled “Primer on New York State Division of Housing and Community Renewal: Forms, Filings, and Policy Updates”. Mr. Marino spoke for 40 minutes on various topics, including Preferential Rents and Rent Calculations under different circumstances. Jim took questions from the attendants and received positive feedback from the participants.

James Marino Defeats Occupant’s Claim of Succession

In the matter of Georgetown Leasing, LLC: Adm. Rev. Dckt. No. CO-210001-RP, issued July 1, 2014, James R. Marino of Kucker, Marino, Winiarsky, & Bittens, LLP successfully defeated an occupant’s claim of succession by convincing the DHCR to apply logic announced by the Appellate Division, 1st Dept. in Third Avenue Lenox Terrace Associates v. Edwards, 91 AD 3d 352, 937 NUS 2d 41 (1st Dept., 2012). During the DHCR proceeding, it was determined that the tenant of record, who had never advised the Owner that she had vacated, moved out of the subject apartment over 3 years after the owner discovered that she had vacated.