Local Law 97 & Affordable Housing FAQs

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Projects with at least one rent-regulated unit but where no more than 35 percent of units are rent regulated are subject to the 2026 deadline. However, are their future targets delayed?

No. After 2026, they will need to meet subsequent deadlines on the same timeline set for all other Covered Buildings. Refer to Section §28-320.3.10.1 of the Administrative Code.

If a building has tenant-based rental assistance (vouchers), is it subject to compliance under Article 321?

Tenant-based vouchers are not “attached” to a particular building, and do not qualify the building for an exception to Article 320 emission limits.

What if my project has Low Income Housing Tax Credits?

LL97 does not specifically address buildings that have been awarded Low Income Housing Tax Credits. Projects should refer to the guidance on the DOB Sustainable Buildings website.

What if my project has Inclusionary Housing (IH) or Mandatory Inclusionary Housing (MIH)?

LL97 does not specifically address buildings that include units subject to Inclusionary Housing. Inclusionary Housing on its own does not qualify a building to meet the Article 320 limits starting in 2035, under §28-320.3.9. Projects should refer to the guidance on the DOB Sustainable Buildings website.

For properties subject to Article 321, what requirements will they need to comply with in future years?

Under the current law, additional reporting is not required beyond May 1, 2025; but for New York City to meet its ambitious carbon goals, all buildings will need to deeply decarbonize.

Can buildings subject to Article 321 apply for exemption from the Prescriptive Energy Conservation Measures?

No. However, buildings have the option of meeting 2030 carbon emissions limits (320.3.2) in 2024 instead of pursuing the Prescriptive Energy Conservation Measures.

How will carbon trading apply to affordable housing?

For now, carbon trading is still being studied by the City.

What if the square footage or occupancy class in DOF records is outdated or inaccurate?

Please refer to the Department of Buildings webpage for energy benchmarking