Local Law 97 mandates annual carbon emissions limits for NYC buildings over 25,000 square feet. The first compliance year for most properties is 2024, meaning that a building’s 2024 energy (e.g., electricity, natural gas, oil) consumption is used to determine the building’s carbon emissions. A property’s annual emissions and calculated emissions limit must be filed by a registered design professional (i.e., Professional Engineer) to the NYC Department of Buildings (DOB) by May 1st of the following year.

The emissions limits for all properties become stricter every five years until 2050.

Compliance applies to most buildings over 25,000 square feet. Specific requirements are determined by a building’s tax lot (BBL) and the Building Identification Numbers (BINs). Check the DOB’s LL97 Covered Buildings List (CBL) for eligibility.

No. LL97 provides different compliance paths for different NYC buildings based on their income profile – rent-regulated, income-restricted, market rate, and houses of worship. The LL97 Covered Buildings List provides a Preliminary Compliance Pathway for each BBL and BIN. We break it down here:

• Article 320 – Buildings that do not meet any affordability criteria must submit their annual carbon emissions for the calendar year by May 1st of the following year. The first submission is due by May 1st, 2025.
• Article 320, Rent Regulated Property – Residential buildings with at least one regulated apartment begin their LL97 compliance cycle in 2026. The first submission is due by May 1st, 2027.
• Article 320, Income Restricted – Residential buildings that are identified as income–restricted, such as Mitchell-Lama properties, begin their LL97 compliance cycle in 2035. The first submission is due by May 1st, 2036.
• Article 321 Property – Properties that must comply with Article 321 are properties that meet certain affordable housing categories (e.g. residential buildings with over 35% rent-regulated units, HDFC cooperatives, Section 8, etc.) or are houses of worship. Buildings that have to comply with Article 321 must comply with either path by May 1st, 2025. This is their only compliance year. Article 321 properties have two compliance paths:
  • Complete 13 Prescriptive Measures, or
  • Demonstrate that their 2024 emissions are lower than their 2030 emissions limit.

Although the CBL is a good starting place to determine a property’s compliance path, we encourage every building to review its eligibility criteria. EN-POWER GROUP can support you if you feel your property meets an affordability category but is not on the list.

• 2024: Emissions limits go into effect.
• 2025: Annual compliance reports due by May 1st for the previous calendar year for most properties.
• 2030: Stricter emissions limits take effect.

LL97 filings must be submitted by a Registered Design Professional (RDP) such as a Professional Engineer (PE) through the DOB Building Energy Analysis Manager (BEAM) portal, using data from ENERGY STAR Portfolio Manager, and must include:

• Building Identification Information: Compliance is submitted per Building Identification Number (BIN), not per tax lot (BBL).
• Energy Use Data: Energy data from ENERGY STAR Portfolio Manager, the benchmarking platform for NYC buildings, must be incorporated into the report.
• Gross Floor Area (GFA) Documentation: GFA measurements must meet DOB standards and be verified by the RDP. See below for more information on GFA requirements.
• Emissions Calculations: Annual greenhouse gas (GHG) emissions must be calculated and compared to the building’s emissions limits for the reporting year.
• RDP Attestation: A Registered Design Professional (i.e., PE) must sign off on the compliance report to verify accuracy.
• Filing Fee Payment: Applicable fees are paid through DOB NOW, based on the type of report submitted. See below for more information on DOB fees.

Gross Floor Area (GFA) includes all interior building spaces measured from the exterior walls and differs from the area recorded by the Department of Finance. GFA plays a crucial role in calculating emissions limits for compliance filings. All measurements should provide a breakdown documenting the exact area for each space type. LL97 has different emissions limits for different types of spaces. For example, the emissions limit per square foot is about 3.5 times greater for a grocery store than a multifamily space.  

All measurements must meet DOB standards and be supported by documentation such as plans or drawings prepared and signed off by a Registered Design Professional, such as a Professional Engineer.

The DOB fees for filing LL97 are expected to be:

• Simple compliance report: $210
• Complex compliance report: $615
• Extension request: $60

Don’t! The penalties are hefty. Buildings face penalties of $0.50 per square foot for each month past the filing deadline.  

The penalties for non-compliance for Article 321 buildings are $10,000 for non-compliance and $10,000 for failure to file the report. Penalties may be imposed by the DOB annually. 

There are limited options for extensions. Extension requests, subject to approval by the Department, may be submitted until June 30th only if your Registered Design Professional was hired by February 1st.

Article 321 buildings that can demonstrate that they are making diligent efforts to comply may have until December 31st, 2025 to complete the PECMs or submit an RDP-certified plan demonstrating a path to meet 2030 emissions by 2030.