Mountain View affordable units in new housing (inclusionary)

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

What Mountain View's code says

Mountain View code What Mountain View's code adds
How long units stay affordable	Affordability lasts in perpetuity. Applies: BMR units for sale and rent; a shorter term (55 years minimum) applies only to alternative compliance in a separate 100% affordable building. § 36.40.10 · code text BMR units subject to this division shall be maintained as affordable housing in perpetuity Affordability lasts at least 55 years. Applies: Applies only to alternative compliance in a separate 100% affordable building, when a financing, insurance or subsidy program requires a different term. § 36.40.10 · code text provided that such term shall be no less than fifty five (55) years
Fee instead of units	The fee equals the cost of providing the BMR units on site, as published in the master fee schedule. Applies: Projects with fewer than 7 units may pay the fee in lieu of a fractional BMR unit. § 36.40.10 · code text Payment of an in-lieu fee for qualifying fractional units shall be made in full prior to issuance of the project's first building permit, and shall be based on the fee level equivalent to providing the BMR units on-site and as published in the master fee schedule. The fee equals the cost of providing the BMR units on site, as published in the master fee schedule. Applies: Projects with 7 or more units and a fractional BMR unit less than 0.5. § 36.40.10 · code text A residential project with seven (7) units or more may pay an in-lieu fee for fractional units when the BMR obligation results in a fractional BMR unit that is less than 0.5 (i.e., less than half a unit).
Projects it applies to	The rule applies to all new residential developments and applicable condominium conversions. § 36.40.10 · code text The BMR requirement shall apply to all new residential developments and applicable condominium conversions.
Share of affordable units	At least 15% of dwelling units must be BMR units. Applies: General requirement for residential developments; ownership rowhouses and townhouses have a 25% requirement. § 36.40.10 · code text All residential development as defined in Sec. 36.40.05 are subject to the BMR program and shall provide at least fifteen percent (15%) of the total number of dwelling units as affordable units. At least 15% of units must be affordable to Moderate-income households. Applies: Applies to ownership developments other than rowhouses and townhouses. § 36.40.10 · code text All nonexempt ownership residential developments other than rowhouses and townhouses (as defined in Article IV of Chapter 36 of the city code) shall include at least fifteen percent (15%) of the total number of ownership dwelling units within the development as units affordable to Moderate-income households. 25% of units must be affordable. Applies: Applies to rowhouses and townhouses. § 36.40.10 · code text Rowhouses and townhouses in residential ownership developments shall be subject to a twenty-five percent (25%) on-site BMR requirement 15% of the units, part of the 25%, at or below a 100% AMI weighted average. Applies: Applies to rowhouses and townhouses. § 36.40.10 · code text with fifteen percent (15%) of the units as affordable to an income level equal to or less than a one hundred percent (100%) AMI weighted average 10% of the units, part of the 25%, are at a 135% AMI weighted average. Applies: Applies to rowhouses and townhouses. § 36.40.10 · code text and a ten percent (10%) of the units at a one hundred thirty-five percent (135%) AMI weighted average At least 15% of units must be affordable to Low-income and Moderate-income households. Applies: Applies to rental units. § 36.40.10 · code text All rental residential developments shall include at least fifteen percent (15%) of the total number of rental dwelling units within the development as units affordable to Low-income households and Moderate-income households.

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Frequently asked questions

Does Mountain View require affordable units in new housing?

Mountain View's code: Affordability lasts in perpetuity. (BMR units for sale and rent; a shorter term (55 years minimum) applies only to alternative compliance in a separate 100% affordable building.) (§ 36.40.10); Affordability lasts at least 55 years. (Applies only to alternative compliance in a separate 100% affordable building, when a financing, insurance or subsidy program requires a different term.) (§ 36.40.10).

Affordable units in new housing (inclusionary) in Mountain View

What Mountain View's code says

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