Bloomington, Minn., Code of Ordinances § 9 § 9.35
AFFORDABLE HOUSING AGREEMENT (Bloomington Housing Opportunity and Preservation Ordinance)
Operative Text
(a) Prior to the issuance of a building permit for any units in an affordable housing development or any development, including NOAH preservation, in which an opportunity housing unit is required, the applicant must have entered into a development agreement with the city. The development agreement must set forth the commitments and obligations of both the city and the applicant, including those requirements and limitations set forth in this chapter, such as, but not limited to, the affordable housing plan. (b) The applicant must execute any and all documents deemed necessary by the city in a form to be established by the city, including without limitation, covenants, deed restrictions, and related instruments, including requirements for income qualification to ensure the continued affordability of the opportunity housing units in accordance with this chapter. (c) The development agreement may contain a right of first refusal statement providing the city, or another entity, with the option to purchase the property to preserve the opportunity housing units before the development is placed on the open market for resale. (Ord. 2019-16 , passed 2-25-2019)
Bloomington, Minn., Code of Ordinances § 9.35 establishes that before a building permit can be issued for an affordable housing development or any project requiring an opportunity housing unit, a formal development agreement must be in place between the applicant and the city. That agreement must spell out the obligations of both parties, including affordability requirements, income qualification standards, and any covenants or deed restrictions needed to keep units affordable over time. The provision also allows the agreement to include a right of first refusal, giving the city or a designated entity the option to purchase the property before it is listed on the open market.
Plain English — not legal advice.
Developers and property owners subject to § 9.35 generally secure a fully executed development agreement with the City of Bloomington before applying for a building permit on any project that includes opportunity housing units. Compliant operators typically prepare and sign all city-required documents—such as covenants, deed restrictions, and income-qualification instruments—in the forms the city specifies. Operators also review whether the development agreement includes a right-of-first-refusal clause, which could affect future sale or transfer of the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 9.35 of the Bloomington Code of Ordinances is designed to protect the long-term affordability of opportunity housing units by requiring legally binding commitments before construction even begins. Tenants in these developments may benefit from deed restrictions and income-qualification requirements that are recorded against the property, helping to ensure that affordability obligations remain in place over time. Tenants who have questions about whether a specific development is subject to these protections can review recorded documents through the city or county, or reach out to a local tenant-rights organization for general guidance.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.