(2) Notice of the intent to convert shall be given to the tenant at least one year before the landlord will seek to have the tenant vacate the unit in the housing accommodation. However, where a unit in a housing accommodation is occupied by an elderly, disabled or low or moderate income tenant, notice of intent to convert shall be given to the tenant at least five years before the landlord will seek to have the tenant vacate the unit in the housing accommodation.
(a) Except where a tenant has previously been determined to be elderly, disabled or low or moderate income under prior rent control or condominium conversion laws, the burden of proving that a tenant is elderly, disabled or low or moderate income shall, if contested, rest with the tenant. The landlord shall be entitled to provide the tenant with a written request to disclose whether the tenant claims to be elderly, disabled or low to 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. Any tenant may request that the OHS assist the tenant in establishing eligibility for extended protections on account of age, disability or status as a low or moderate income household, and the OHS’s determination of whether a tenant qualifies will be incorporated into its approval of a conversion plan as provided below.
(3) The notice shall state the following in clear and conspicuous language.
(a) The landlord intends to convert his or her housing accommodation into a condominium or cooperative unit.