Bargain and Sale Deed Alone Didn't Prove Purchase Through Judicial Sale

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund an overcharge that included triple damages. Landlord appealed and lost. Landlord claimed that it bought the building at a judicial sale and therefore was unable to submit the leases requested for the four-year period before tenant's complaint was filed. Landlord argued that therefore there could be no willful overcharge.  But landlord submitted only a copy of a bargain and sale deed, which was insufficient proof that the building was bought in a judicial sale.  

ECP President LLC: DHCR Adm. Rev. Docket No. AT210024RO (1/30/14) [2-pg. doc.]