(1) Eligibility of tenant as special category tenant. In the event of controversy over whether a tenant is elderly, disabled, or low income and qualifies as a special category tenant, the city manager shall make a determination, which shall be final and non-appealable to a hearings officer. The developer and tenant shall have notice of such requests for determination and opportunity to submit written arguments, comments and affidavits prior to the determination of eligibility by the city manager.

(2) Status of alternative rental unit as comparable. In the event of a disagreement between the tenant and the developer as to whether an offered alternative dwelling unit is comparable or is an outstanding offer to another special category tenant, such dispute shall initially be mediated by the housing counselor. The tenant or developer may seek a review of the decision of the housing counselor by requesting a hearing with the city. Such hearing shall be requested on an application form to be supplied by the city, the contents of which may be governed by administrative rules issued hereunder. The hearing shall be before the hearings officer and shall be conducted within 10 days from the request for a hearing. The determination of the hearings officer shall be final.