Bloomington, Minn., Code of Ordinances § 9 § 9.06
OPPORTUNITY HOUSING REQUIREMENT (Bloomington Housing Opportunity and Preservation Ordinance)
Operative Text
(a) New residential construction, regardless of type of dwelling unit . For newly constructed, converted, or infill two-family, three-family, fourplex, multiplex, cottage court, multiple-family, co-living or attached or detached townhouse residential developments with 20 or more newly created dwelling or co-living units, at least 9% of the newly created units must be affordable to households at or below 60% of AMI. For newly constructed or infill single-family detached residential developments, including detached townhouse and cottage court dwelling developments, with 20 or more newly created dwelling or co-living units , at least 9% of the newly created units must be affordable to low income family households up to 115% AMI. (b) Calculating affordable units. In determining the number of opportunity housing units required under this chapter, any decimal fraction less than 0.5 is rounded down to the nearest whole number and any decimal fraction of 0.5 or more is rounded up to the nearest whole number. For purposes of § 9.18 (density bonus), any additional units authorized and approved as a density bonus are not counted in determining the required number of affordable units. (c) Phasing. Developments subject to this chapter include but are not limited to development that is undertaken in phases, stages, or otherwise developed in distinct parts. (d) Preservation and rehabilitation. When a NOAH property with 20 or more units that receives some form of financial assistance from the city or HRA is transferred or is otherwise conveyed to a new owner or member of the prior owner or undergoes substantial rehabilitation, then at least 9% of the units must be preserved as affordable to households at or below 60% of AMI through approval of an affordable housing plan and execution of an affordable housing agreement. This section does not apply to a NOAH property of 19 or fewer units. “Financial assistance” only includes direct financial assistance from the city or HRA and does not include participation in the 4d property tax program or the Section 8 housing choice voucher program. (e) City assistance . In consideration of the 9% requirement of this section, a developer or owner of a NOAH property preserving opportunity units in accordance with this chapter may utilize the options and tools as provided in this chapter. (f) Opportunity housing requirement . The requirements of this section are generally referred to in this chapter as the “opportunity housing requirement.” (Ord. 2019-16 , passed 2-25-2019; Ord. 2021-1 , passed 3-8-2021; Ord. 2025-07 , passed 4-28-2025; Ord. 2026-10 , passed 4-27-2026)
Bloomington, Minn., Code of Ordinances § 9.06 establishes an "opportunity housing requirement" that applies to residential developments of 20 or more newly created units. Depending on the type of development, at least 9% of those units must be made affordable — either to households at or below 60% of AMI for most multi-family and attached housing types, or up to 115% AMI for certain single-family detached developments. The same 9% affordability threshold also applies when a naturally occurring affordable housing (NOAH) property of 20 or more units receives city or HRA financial assistance and is transferred or substantially rehabilitated. Phased or staged developments are covered, and fractional unit calculations follow standard rounding rules.
Plain English — not legal advice.
Operators and developers subject to § 9.06 generally ensure that any qualifying project of 20 or more newly created units incorporates the required 9% affordable set-aside before seeking approvals, and that the applicable AMI threshold — 60% for most residential types or 115% for qualifying single-family detached developments — is correctly identified early in the planning process. For NOAH property owners receiving direct city or HRA financial assistance, a compliant operator typically prepares an affordable housing plan and executes an affordable housing agreement prior to transfer or substantial rehabilitation. Developers should also be aware that density bonus units approved under § 9.18 are excluded from the base count used to calculate the required number of affordable units, and that phased developments are not exempt from these obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 9.06, tenants living in or seeking housing in qualifying Bloomington developments have an interest in knowing that a share of units must be offered at restricted affordability levels, which can expand access to housing for lower- and moderate-income households. Tenants in NOAH properties that are being transferred or substantially rehabilitated with city or HRA financial assistance may have protections tied to the required affordable housing agreement, which is meant to preserve affordability for at least 9% of units. Individuals who believe a covered development is not meeting its opportunity housing obligations can contact the City of Bloomington's housing or planning department, or reach out to a local tenant-rights organization for general information about how these requirements are administered.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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