Local Law 97 Guidance for Affordable Housing

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Local Law 97 & Affordable Housing

New York City’s one million buildings account for nearly two-thirds of the city’s carbon emissions. The Climate Mobilization Act of 2019 included Local Law 97 (LL97), which sets increasingly stringent caps on greenhouse gas emissions from most buildings over 25,000 SF starting in 2024. While buildings that contain affordable and rent-regulated housing are treated somewhat differently (see graphic below), the first compliance report for many of these buildings is due in 2025. This webpage focuses on Article 321 since most HPD projects fall under this category. 

Click here for FAQs about Local Law 97 and Affordable housing

Updated Guidance:

The DOB has released a Service Notice on June 16th, 2025 with critical updates. Of note:

  1. The deadline to submit LL97 compliance reports is 6/30/25, but owners have until 8/29/25 to request an Extension to submit those reports by 12/31/25.
  2. All owners can request an Extension and do NOT need a professional attestation to submit these Extension requests.
  3. For EECP eligible projects (see links below), owners can file for this pathway by 8/29/25 or if received an Extension through 12/31/2025.

Article 321 Penalties & Rules:

In September 2023, DOB released a , including penalty amounts for Article 321. The rules promote compliance rather than penalties and allow owners of Article 321 buildings additional time to comply with either Article 321 compliance requirement - as long as they can demonstrate progress. Note that penalties may be imposed annually, at the Department’s discretion, until Article 321 compliance is demonstrated.

Article 321 Fines & Mitigation Options:

  • Unexpected or Unforeseeable Event: For buildings damaged as a result of a disaster, including but not limited to a hurricane, severe flooding or fire.
  •  Eligible Energy Conservation Project (EECP): Certain buildings may be eligible for a mitigated penalty if the building received funding from a Housing Agency as of November 15, 2019, to complete an “Eligible Energy Conservation Project”.
  • Mediated Resolution: The Department may offer a mediated resolution if the owner submits, by 8/29/2025 or by 12/31/2025 if an Extension was granted, (1) an attestation that the building is not in compliance, (2) the previous year’s benchmarking AND (3) a “Compliance Plan” that either details how a building will meet 2030 carbon limits by 2030 or demonstrates that work is underway to implement the applicable Prescriptive Measures and a date by which the remaining work will be complete.

Buildings with 2025 deadlines must Act Now!

Building owners subject to the 2024 compliance deadlines need to act now to start on a path to compliance. Buildings who fail to submit a report or an Extension request by August 29, 2025 to the DOB may face penalties. Here is where to start:

    1. Confirm your building is subject to LL97 and identify which compliance requirement applies. Click here for the DOB’s Covered Buildings List (CBL). 
    2. Determine your building's current greenhouse gas emissions by looking up your building’s Local Law 84 Benchmarking via your Portfolio Manager account or Look Up Your Building on NYC Accelerator. Your building may already be in compliance! 
    3. If your building does not currently meet the applicable emissions limits, contact the NYC Accelerator right away! They can help building owners determine their compliance requirements, create a compliance plan and help owners leverage all available financial incentives and resources. 
    4. Assemble your team. It can take a significant amount of time to assemble a team to implement your scope. NYC Accelerator can direct owners to the right providers. 
    5. Bid out the project and begin implementing your project.
    6. File your LL97 report with the Department of Buildings (DOB) following these instructions.  
    7. Reap the benefits of a more efficient and more comfortable building! 

Free Technical Assistance for Owners 

321 Go! is a free program offered by HPD and NYSERDA to help HPD asset-managed properties determine the best path toward LL97 compliance, reduce energy costs, and capture incentives. This program is especially helpful for owners seeking to comply via the Mediated Resolution. See 321Go! in action here!   

NYC Accelerator is a city-backed program that can provide free technical assistance to building owners of affordable housing to understand LL97, develop an appropriate work scope, identify incentives and financing tools, and assemble a team to implement the work.

To connect with a dedicated affordable housing account manager contact (212) 656-9202 and/or info@accelerator.nyc

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