Bloomington, Minn., Code of Ordinances § 9 § 9.36
OBJECTIVES (Bloomington Housing Opportunity and Preservation Ordinance)
Operative Text
Developments with opportunity housing units must meet the following objectives: (a) Dispersion . Opportunity housing unit dispersion means the distribution of opportunity housing units throughout all areas of the city in order to avoid concentrations of only affordable housing and to encourage racial and economic integration. Opportunity housing units built pursuant to this chapter must meet all requirements of the city code and any additional requirements for units as specified in this chapter. (b) Integration . Opportunity housing units in a housing development must be mixed with, and not clustered together or segregated in any way from market rate units in the housing development. Opportunity housing units in a housing development must be distributed across all unit sizes proposed in the housing development, including: efficiencies, one, two, and three or more bedroom units. (c) Design . Except as otherwise provided in this chapter, opportunity housing units must be comparable in construction quality and exterior design to the market rate units constructed as part of the development. For developments in which in-unit amenities are not included with all dwelling units, the in-unit amenities must be offered to opportunity housing units in a proportionate amount to market rate units. (d) Phasing plan . If the development contains a phasing plan, the phasing plan must provide for the proportionate development of opportunity housing units concurrently with the market-rate units. The phasing plan must not provide that the opportunity housing units are the last built units in a development. (e) Timing of construction . A certificate of occupancy for market rate units within the development must not be issued until a certificate of occupancy is issued for a proportionate amount of opportunity housing units within the development. In phased developments, opportunity housing units must be constructed and occupied in proportion to the number of units in each phase of the residential development. (Ord. 2019-16 , passed 2-25-2019; Ord. 2019-30 , passed 8-5-2019; Ord. 2021-1 , passed 3-8-2021; Ord. 2024-5 , passed 3-18-2024)
Bloomington, Minn., Code of Ordinances § 9.36 establishes five core objectives that housing developments with "opportunity housing units" (affordable units) must satisfy. These objectives require that affordable units be spread across the city to prevent geographic concentration, mixed throughout a development rather than clustered together, comparable in design and amenity access to market-rate units, built proportionately alongside market-rate units in any phasing plan, and issued certificates of occupancy in step with market-rate units. Together, the objectives are designed to promote racial and economic integration and ensure that affordable units are not treated as secondary or afterthought components of a development.
Plain English — not legal advice.
Operators and developers subject to § 9.36 generally ensure that opportunity housing units are distributed across all bedroom sizes and building areas rather than grouped in a single wing or phase. Compliant developments maintain design parity — matching construction quality and exterior appearance — and offer in-unit amenities to affordable-unit residents in proportion to what market-rate residents receive. Phasing plans must be structured so that affordable units are built concurrently with market-rate units, and certificates of occupancy for market-rate units cannot be obtained until a proportionate share of opportunity housing units have also received their certificates of occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 9.36, residents in opportunity housing units have a right to units that are integrated within the broader development, comparable in design quality to market-rate units, and offered amenities on a proportionate basis. If a tenant believes their unit was clustered with other affordable units, built last in violation of the phasing requirements, or is noticeably inferior in construction or amenity access, that concern may be relevant to a complaint or inquiry directed to the City of Bloomington. Tenant-rights organizations familiar with Bloomington's inclusionary housing rules can help residents understand what standards apply and what general options exist for raising a concern.
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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