Bloomington, Minn., Code of Ordinances § 9 § 9.13
COLLABORATION WITH AN AFFORDABLE HOUSING DEVELOPER (Bloomington Housing Opportunity and Preservation Ordinance)
Operative Text
The opportunity housing requirement in § 9.06 may also be satisfied through partnership with an affordable housing developer , wherein the developer or a related interested party negotiates a financial contribution to an affordable housing developer that is equal to or no less than the equivalent in lieu of payment set forth in § 9.09 in exchange for construction and deed restriction of the required opportunity housing units within the city. This option may only be used when the city is not providing any other additional funds to the same affordable housing developer for the same development. In cases where opportunity housing units are constructed off site, the tools and incentives described in Article III apply only to the site hosting the opportunity housing units. (Ord. 2019-16 , passed 2-25-2019; Ord. 2019-30 , passed 8-5-2019)
Section 9.13 of the Bloomington, Minn., Code of Ordinances provides an alternative path for satisfying the opportunity housing requirement established in § 9.06. Instead of building affordable units directly, a developer may partner with an affordable housing developer and make a financial contribution at least equal to the in-lieu payment amount specified in § 9.09, in exchange for that developer constructing and deed-restricting the required units within the city. This option is unavailable when the city is simultaneously providing other funding to the same affordable housing developer for the same project, and any off-site construction means that Article III tools and incentives follow the units to their actual location rather than the original development site.
Plain English — not legal advice.
Operators and developers subject to the opportunity housing requirement under § 9.13 can satisfy their obligation by negotiating a qualifying financial contribution to an affordable housing developer rather than building units on site. Compliant operators generally confirm that the contribution meets or exceeds the in-lieu payment threshold set in § 9.09, verify that the city is not co-funding the same affordable housing developer for the same development, and document the deed restriction on the off-site units. When units are placed off site, developers typically account for the fact that Article III incentives and tools attach to the parcel where the opportunity housing units are actually located.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 9.13 of the Bloomington, Minn., Code of Ordinances, residents and prospective tenants should be aware that affordable units created through this partnership pathway must still be deed-restricted and located within the city, preserving the affordability protections that apply to opportunity housing. If a tenant believes that a development has not properly satisfied its opportunity housing obligation—whether through direct construction or a qualifying developer partnership—they may raise that concern with the City of Bloomington's planning or housing department. Tenant-rights organizations familiar with Bloomington's opportunity housing ordinance can also help residents understand how these requirements affect the availability and terms of affordable units in a given development.
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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