Buildings that include affordable and rent-regulated housing are not exempt from the requirements of Local Law 97 but may be treated differently under the two articles that make up the law as outlined in Title 28 of the NYC Administrative Code:
- Article 320 establishes Building Energy and Emissions Limits for buildings starting in 2024 and outlines the implementation of such limits
- Article 321 establishes Energy Conservation Requirements for Certain Buildings that are not covered under Article 320
- Buildings on land owned by the New York City Housing Authority (NYCHA): NYCHA shall make efforts to reduce greenhouse gas emissions, on a portfolio-wide basis, by 40 percent by 2030 and by 80 percent by 2050, relative to the emissions for 2005, per NYC Administrative Code § 24-803(b)(3).
- NYCHA developments in the federal Rental Assistance Demonstration (RAD) program, including those that participate in the Permanent Affordability Commitment Together (PACT) programs are also required to comply with NYC Administrative Code Title 28, Article 321 (“Article 321” hereafter). See guidance under item #2 below.
- Certain buildings, per Article 321 must demonstrate that, for calendar year 2024, either their emissions are below the applicable 2030 limits under Article 320 OR that applicable Prescriptive Energy Conservation Measures (see below for more information) have been fully implemented by December 31, 2024. This applies to:
- Buildings in which more than 35 percent of units are rent regulated, regardless of whether they contain units with income restrictions;
- Housing Development Fund Cooperatives (HDFC cooperatives); and
- Buildings that have HUD project-based assistance (e.g. Section 8, 202, 811, CoC, etc.), including buildings on NYCHA land that participate in the PACT/RAD program.
- Buildings with at least one rent-regulated unit and where up to 35 percent of units are rent regulated may delay compliance with Article 320 emissions limits until 2026, and then must meet subsequent limits starting in 2030.
- Certain income-restricted housing is exempted from Article 320 emissions limits until 2035, and then must meet subsequent limits. This is applicable to:
- Covered Buildings that are owned by a limited-profit housing company organized under Article 2 of the private housing finance law (Mitchell-Lama rentals and cooperatives), and
- Covered Buildings that contain one or more units that are income restricted through certain loan, grant, real property tax exemption/abatement (e.g., 420-c, Article XI, or UDAAP exemptions) or property disposition programs. Note that units with an income restriction imposed solely through the Zoning Resolution (e.g., Inclusionary Housing programs) do not count as “income restricted” for the purposes of this section.
This information was developed in conjunction with the Department of Housing Preservation and Development and the Mayor’s Office of Climate and Sustainability.
Have more questions? Refer to our Frequently Asked Questions, or send your question to GHGEmissions@buildings.nyc.gov.
For buildings that are subject to Article 321, where an owner chooses to follow the Prescriptive Energy Conservation Measures path, the following must be fully implemented no later than December 31, 2024:
- Adjusting temperature set points for heat and hot water to reflect appropriate space occupancy and facility requirements.
- Repairing all heating system leaks.
- Maintaining the building’s heating system, including but not limited to ensuring that system component parts are clean and in good operating condition.
- Installing individual temperature controls or insulated radiator enclosures with temperature controls on all radiators.
- Insulating all pipes for heating and/or hot water.
- Insulating the steam system condensate tank or water tank.
- Installing indoor and outdoor heating system sensors and boiler controls to allow for proper set-points.
- Replacing or repairing all steam traps such that all are in working order.
- Installing or upgrading steam system master venting at the ends of mains, large horizontal pipes, and tops of risers, vertical pipes branching off a main.
- Upgrading lighting to comply with the standards for new systems set forth in section 805 of the New York city energy conservation code and/or applicable standards referenced in such energy code on or prior to December 31, 2024.
- Weatherizing and air sealing where appropriate, including windows and ductwork, with focus on whole-building insulation.
- Installing timers on exhaust fans.
- Installing radiant barriers behind all radiators.