ADHD Excuses Failure to Answer Deregulation Petition

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer its notice to tenant of landlord's application. Tenant appealed, claiming that he had disabling attention deficit hyperactivity disorder (ADHD) and that he therefore gave the application to his accountant to answer. Tenant claimed that his accountant mailed a timely answer to the DRA on his behalf. Tenant submitted a sworn statement from his psychiatrist supporting his claim that his condition significantly impaired him. And even though tenant showed no proof that his accountant mailed back his answer, he shouldn't be held responsible for his accountant's failure either to mail back the answer or keep the required proof of mailing.

344 West 72nd Street: DHCR Adm. Rev. Docket No. WH410058RO (2/18/09) [5-pg. doc.]