Kucker & Bruh, LLP: James R. Marino

James R. Marino

Mr. Marino is a partner in the K&B firm, and a senior attorney whose practice areas include representing commercial and residential landlords in the City of New York. He specializes in rent control law, residential real estate, and cooperative housing law. His expertise includes the area of rent regulation. For example, he handles rent overcharge and service complaints for clients of the firm, as well as luxury deregulation and demolition applications. All of the proceedings are before the Division of Housing and Community Renewal (DHCR). He also handles court appeals against the DHCR. In addition, Mr. Marino oversees the Major Capital Improvement (MCI) rent increase application process for clients. He handles all administrative violation matters that the firm's clients may face at the Environmental Control Board and the Department of Health.

Mr. Marino is a regular contributor to the publication Landlord v. Tenant, has conducted lectures at the Rent Stabilization Association, and has been an instructor at New York University's Real Estate Institute, conducting a course entitled "Rent Control/Rent Stabilization: Procedures and Forms". He currently is an instructor in the HPD's Housing Education series for property owners, conducting a course titled: "Introduction to DHCR."

Mr. Marino is admitted to practice before all of the trial courts and appellate courts in the state of New York.

Reported cases in which Mr. Marino has appeared include: Rego Estates v. DHCR, 20 A.D.3d 539, 799 N.Y.S.2d 539 (2nd Dep't 2005) [Court held the DHCR erred in denying an owner's request for establishing a higher rent retroactively]; Schoberle v. DHCR and 235 West 71st Street LLC, 14 A.D.3d 438, 788 N.Y.S.2d 361 (1st Dep't 2005) [Court upheld retroactive application of "de minimus" rules in dismissing a tenant's complaint against landlord for alleged removal of storage area]; Firstmark Development Co., Inc. v. DHCR, 283 A.D.2d 274, 726 N.Y.S.2d 391 (1st Dep't 2001) [Appellate Division ruled for landlord, and reversed trial court order which had held in error that the DHCR could prevent a tenant from withdrawing his rent overcharge claim against the landlord]; Lemle & Wolff, Inc. v. SEIU, 1994 U.S.Dist. LEXIS 3688 (S.D.N.Y. 1994) (J.Wood) [application for stay enjoining arbitration proceedings]; In the Matter of Waheed Khan v. DHCR, 292 A.D.2d 609, 739 N.Y.S.2d 616 (2nd Dep't 2002) [issue of whether apartments are subject to rent-control regulations]; In the Matter of Earl Perry v. DHCR, 281 A.D.2d 629, 722 N.Y.S.2d 556 (2nd Dep't 2001) [landlord's fair-market rent appeal]; In the Matter of Kay Hakim v. DHCR, 176 Misc. A.D.2d 629, 722 N.Y.S.2d 556 (2nd Dep't 2001) [landlord's fair-market rent appeal].

Significant unreported decisions include: Matter of 7005 Shore Road, LLC, DHCR Adm. Rev. Dckt. No. UE-210052-RO (August 17, 2006) (administrative ruling by NYS Division of Housing and Community Renewal in favor of the landlord; the landlord avoided treble damages by reducing the tenant's rent pending the outcome of an overcharge proceeding).

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