Bloomington, Minn., Code of Ordinances § 9 § 9.15
AFFORDABLE HOUSING TOOLS AND INCENTIVES (Bloomington Housing Opportunity and Preservation Ordinance)
Operative Text
(a) The developer of any of the following types of development that creates 20 or more total dwelling or co-living units or preserves 20 or more NOAH dwelling units is eligible to use any of the following affordable housing tools and incentives for which it qualifies: (1) New residential rental and for-sale construction; (2) New mixed-use development with a residential rental or for-sale component; (3) Purchase of an existing naturally occurring affordable housing complex; (4) Renovation and acquisition of a three-family, fourplex, multiplex, or multiple-family residential structure that preserves or increases the number of residential units from the number of units in the original structure; (5) Conversion of an existing single-family residential structure to a three-family, fourplex, multiplex, or multiple-family residential structure; (6) Development that changes the use of an existing building from nonresidential to residential; (7) Development that results in the conversion of rental residential property to condominium property; and (8) Development located in the opportunity zone. (b) For developments that include existing units affordable to households with incomes at or below 60% of AMI, to qualify for the tools and incentives of this article a development must have a net gain in total housing units on the site(s) of the development affordable to households with incomes at or below 60% of AMI that is equivalent or greater than the number required in § 9.06 . (c) A development that complies with the requirements of this chapter by payment pursuant to § 9.09 is not eligible to use the affordable housing tools and incentives described in this article. (d) To use the tools and incentives described in this article, prior to issuance of a certificate of occupancy, the developer of a qualifying development must provide the city with record evidence of a covenant that maintains the opportunity housing units as affordable rental housing to households at or below 60% of AMI or affordable owner-occupied housing to households at or below 110% of AMI, or both as applicable, for a period of no less than 20 years. (e) Use of an individual tool or incentive described in this article is prohibited if the City Council determines that the resulting development has the potential to negatively impact the surrounding neighborhood and that the negative impacts outweigh the positive benefits of the opportunity units created. (f) The City Council may, at its sole discretion, allow use of the incentives for developments that create or preserve less than 20 units where the City Council finds it to be in the public's interest. (Ord. 2019-16 , passed 2-25-2019; Ord. 2019-30 , passed 8-5-2019; 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 § 9.15 establishes a set of affordable housing tools and incentives available to developers who undertake qualifying projects — such as new residential construction, mixed-use development, NOAH preservation, or conversions — that create or preserve 20 or more dwelling units. To access these incentives, a developer must record a covenant before receiving a certificate of occupancy, locking in affordability restrictions for at least 20 years at specified income thresholds (60% AMI for rental, 110% AMI for owner-occupied). Developers who instead satisfy the chapter's requirements through a payment-in-lieu option under § 9.09 are not eligible for these tools, and the City Council retains authority to block use of any individual incentive if it finds the negative neighborhood impacts outweigh the benefits.
Plain English — not legal advice.
Under § 9.15, operators and developers pursuing qualifying projects — including new construction, renovations that preserve or increase unit counts, use conversions, or NOAH acquisitions of 20 or more units — can access the city's menu of affordable housing incentives by meeting the covenant and affordability requirements spelled out in the provision. Compliant developers typically record a covenant prior to certificate-of-occupancy issuance that commits the opportunity housing units to affordability at or below 60% AMI for rentals or 110% AMI for owner-occupied units for a minimum of 20 years. Developers should also be aware that projects involving existing units already affordable at or below 60% AMI must demonstrate a net gain in such units consistent with § 9.06, and that choosing the payment option under § 9.09 forfeits eligibility for these incentives entirely.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 9.15 of Bloomington's Code of Ordinances creates a framework that, when used by developers, results in deed-restricted affordable units maintained at or below 60% AMI for renters for at least 20 years — providing a layer of long-term affordability protection for residents of qualifying developments. Tenants living in or considering a development that received these incentives may want to ask the city whether a recorded covenant is on file, since that covenant is a condition of the incentives and is a matter of public record. Tenant-rights organizations or a housing counselor familiar with Bloomington's ordinances can help residents understand what protections the covenant provides and what avenues exist if those commitments appear not to be honored.
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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