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Affordable units in new housing (inclusionary) in Pomona

Pomona'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 Pomona Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Pomona's code says

Pomona code What Pomona's code adds
How long units stay affordable	The affordability term is 45 years. Applies: Applies to for-sale inclusionary units. § 74-383 · code text For-sale inclusionary units produced pursuant to this article must be legally restricted to sale to and occupancy by households of the income levels for which the units were designated for a single cumulative term of 45 years. The affordability term is not less than 55 years. Applies: Applies to rental units. § 74-383 · code text Rental units produced pursuant to this article must be legally restricted to rental to and occupancy by households in the income level for which the inclusionary units are developed for a term of not less than 55 years.
Fee instead of units	The fee equals the amount calculated for the fractional unit on a per dwelling unit basis. Applies: Applies to a fractional inclusionary unit. § 74-381 · code text the applicant shall pay an in-lieu fee in the amount determined pursuant to section 74-401 of this article, equal to the amount calculated for that fractional unit on a per dwelling unit basis. The fee schedule is based on square footage of saleable area. Applies: Applies to for-sale residential developments. § 74-401 · code text the city council shall adopt by resolution a schedule of in-lieu fees that shall be levied based on the square footage of the saleable area of for sale residential developments The fee schedule is based on square footage of leasable area. Applies: Applies to rental residential developments. § 74-401 · code text the city council shall adopt by resolution a schedule of in-lieu fees that shall be levied based on the square footage of the saleable area of for sale residential developments or leasable area of rental residential developments. The in-lieu fee schedule is adopted by council. Applies: Applies to rental residential developments of 30 or fewer dwelling units. § 74-401 · code text Rental residential developments of 30 or fewer dwelling units may pay in-lieu fees instead of providing inclusionary units pursuant to this article. The in-lieu fee schedule is adopted by council. Applies: Applies to rental developments of more than 30 units when the city council finds inclusionary units would impose an extreme hardship. § 74-401 · code text Rental residential developments of more than 30 units may be permitted to pay in-lieu fees instead of providing inclusionary units pursuant to this article if the city council determines, in its discretion, that the requirement to provide the inclusionary units would impose an extreme hardship on the developer.
Projects it applies to	Inclusionary rules apply to developments of 3 or more dwelling units. Applies: Applies to residential developments. § 74-381 · code text A residential development that includes three or more dwelling units shall provide for the construction of inclusionary units in accordance with this article, unless an alternative means of compliance is permitted in accordance with division 3 of this article.
Share of affordable units	7 percent of total dwelling units, as for-sale moderate-income units. Applies: Applies to for-sale single family detached units in developments of 3 or more dwelling units. § 74-381 · code text Residential developments comprised of for sale single family detached dwelling units shall include for-sale moderate-income units equal to seven percent of the total number of dwelling units in the residential development. 11 percent of total dwelling units, as for-sale moderate-income units. Applies: Applies to for-sale townhomes, condominiums or similar attached units in developments of 3 or more dwelling units. § 74-381 · code text Residential developments comprised of for sale townhomes, condominiums or similar attached dwelling units shall include for-sale moderate-income units equal to 11 percent of the total number of dwelling units in the residential development. 15 percent of total for-sale and rental dwelling units, as rental low-income units. Applies: Applies to for-sale developments of 3 or more units using rental units within the development as an alternative. § 74-381 · code text Rental low-income units included within the residential development equal to 15 percent of the total number of for-sale and rental dwelling units included in the residential development. 15 percent of total dwelling units, as rental low-income units. Applies: Applies to for-sale developments of 3 or more units using off-site rental units as an alternative. § 74-381 · code text Rental low-income units located outside the boundaries of the residential development equal to 15 percent of the total number of dwelling units in the residential development. 13 percent of total dwelling units, as rental moderate-income inclusionary units. Applies: Applies to rental residential developments of 3 or more dwelling units. § 74-381 · code text Rental moderate-income inclusionary units included within the residential development equal to 13 percent of the total number of dwelling units in the residential development. 15 percent of total dwelling units, as rental low-income units. Applies: Applies to rental developments of 3 or more units using off-site units as an alternative. § 74-381 · code text Rental low-income units located outside the boundaries of the residential development equal to 15 percent of the total number of dwelling units in the residential development.

Who this affects

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Frequently asked questions

Does Pomona require affordable units in new housing?

Pomona's code: The affordability term is 45 years. (Applies to for-sale inclusionary units.) (§ 74-383); The affordability term is not less than 55 years. (Applies to rental units.) (§ 74-383).

General information, not legal advice.

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