that the date the notice is deemed “given” is the date on which the notice is delivered in person to the tenant or the date on which the notice is received by the tenant after being sent by certified or registered mail, return receipt requested, or the date of service by a deputy sheriff or constable.
(3)
The burden of proving that a tenant is elderly, disabled, or low or moderate income shall, if contested, rest with the tenant. The owner shall be entitled to provide the tenant with a written request to disclose whether the tenant claims to be elderly, disabled, or low or moderate income. In the event the tenant confirms in writing that they do not claim that they are elderly, disabled, or low or moderate income, then there shall be a rebuttable presumption that the tenant is not elderly, disabled, or low or moderate income, which presumption shall only be overcome by clear and convincing evidence to the contrary.
(A)
Any tenant may request that the Office of Housing Stability assist the tenant in establishing eligibility for extended protections on account of age, disability or status as a low or moderate income
household.
(I)
The Office of Housing Stability and board staff shall create and update policies and procedures for processes when tenants are requesting assistance in establishing eligibility.
(II)
The Office of Housing Stability shall provide to the City’s ADA Coordinator documentation related to the request for establishing eligibility. The ADA Coordinator shall consider said documentation and issue a written recommendation regarding eligibility to the board.
(III)
The board shall make a determination upon consideration of the ADA Coordinator’s recommendation.
(B)