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Emeryville · Building on your lot

Affordable units in new housing (inclusionary) in Emeryville

Emeryville's own rules on affordable units in new housing (inclusionary), with the code text for every value.

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Each rule below links to the section of the Emeryville Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Emeryville's code says

Emeryville code What Emeryville's code adds
How long units stay affordable
  • Affordable units must stay affordable at least 45 years from the date of availability.
    Applies: Applies to units for moderate income households in new ownership projects of 10 or more units or lots.
    § 9-5.402 · code text
    shall be conditioned to provide a designated percentage of the dwelling units in the project as units affordable to moderate income households for a minimum period of forty-five (45) years from date of availability
Projects it applies to
  • Inclusionary rules apply to projects of 10 or more dwelling units or lots.
    Applies: Applies to new ownership residential projects, new construction or conversion of nonresidential space.
    § 9-5.402 · code text
    Developers of new ownership residential projects (both new construction and conversion of nonresidential space to a residential use) of ten (10) or more dwelling units or lots, including but not limited to, single-family dwellings, or condominium developments, either partially or completely in Emeryville, shall be conditioned to provide a designated percentage of the dwelling units in the project as units affordable to moderate income households
Share of affordable units
  • 20% of the dwelling units must be affordable.
    Applies: Applies to new ownership projects of 10 or more units or lots; units affordable to moderate income households.
    § 9-5.403 · code text
    In new ownership residential projects, twenty percent (20%) of the dwelling units shall be affordable to moderate income households as provided above.
  • 20% of the units in Emeryville or 10% of all units in the project, whichever is greater.
    Applies: Applies to ownership residential projects located partially in Emeryville.
    § 9-5.403 · code text
    In ownership residential projects located partially in Emeryville, twenty percent (20%) of the units in Emeryville shall be affordable units or ten percent (10%) of all of the units in the project shall be affordable units with all of the affordable units located in Emeryville, whichever is greater.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Does Emeryville require affordable units in new housing?

Emeryville's code: Affordable units must stay affordable at least 45 years from the date of availability. (Applies to units for moderate income households in new ownership projects of 10 or more units or lots.) (§ 9-5.402); Inclusionary rules apply to projects of 10 or more dwelling units or lots. (Applies to new ownership residential projects, new construction or conversion of nonresidential space.) (§ 9-5.402).

General information, not legal advice.

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Ask GoCodebook how Emeryville's affordable units in new housing (inclusionary) rules apply to your situation and get an answer that cites the section.

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