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 was 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

Article 321 Buildings Compliance Guidance

  • Buildings that submitted compliance reports (including EECP documentation) by 12/31/25 are finished with their LL97 requirements.

  • Buildings that submitted a Mediated Resolution by 12/31/25 will need to complete the work based on the agreed timeline with the DOB. HPD will offer free technical assistance to implement Mediated Resolutions. Reach out to sustainability@hpd.nyc.gov to learn more.

  • Buildings who failed to submit anything by 12/31/2025 may face penalties. Here is where to start:
  1. Email the DOB  at BEAM_LL97@buildings.nyc.gov, to let them know that you are beginning to work on your LL97 compliance. Include the building address and BBL (can be found in the DOB Covered Building List).
  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 . If your building is within 10% of its emission limits, consider complying through the purchasing of LL97 offsets.  HPD or HDC buildings can get additional support through HPD, email sustainability@hpd.nyc.gov for assistance.
  4. Assemble your team. Utilize the NYC Accelerator Service Provider directory to find the right providers.
  5. Bid out the project and begin implementing your project.
  6. File your LL97 reportwith the Department of Buildings (DOB) following these instructions.
  7. Reap the benefits of a more efficient and more comfortable building! 

Article 321 Penalties & Rules:

The DOB 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 a funding commitment from an eligible 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, (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.

Free Technical Assistance for Owners 

Coming soon: 321 Go! is a free program offered by HPD to help HPD and HDC asset-managed properties to plan and implement Mediated Resolutions. The program will include scoping and bidding assistance, as well as support to capture incentives .   

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

Additional Resources