The over one million buildings in New York City’s sprawling metropolis are estimated to account for almost 75% of the city’s total carbon emissions output. The Climate Mobilization Act of 2019 included Local Law 97 (LL97), which established caps on greenhouse gas emissions from many of the city’s buildings beginning in 2024. Most of these buildings are over 25,000 square feet and include many affordable housing facilities.

If you own or operate an affordable housing facility in New York, you need to contact Latitude Compliance quickly for an evaluation of your building. All buildings that are subject to LL97 and exceed annual emissions limits will be subject to severe financial penalties.

Rent regulated and affordable housing should follow one of the LL97 compliance pathways below:

Prescriptive Pathway (Article 321)

If the building includes any of the following:

  • 35% of units subject to rent regulation regardless of income restrictions, or
  • HDFC co-op (not a rental), or
  • Has one or more units that participate in a federal project-based housing program, or
  • Participates in NYCHA PACT

This building must follow the Prescriptive Pathway (Article 321) which states that by 2024:

2026 Compliance Pathway

If a building does not fit into the parameters above, and has one or more rent regulated units and no more than 35% of units subject to rent regulation regardless of income restrictions, this building must follow the 2026 Compliance Pathway.

  • Meeting emission limits starting in 2026 and face penalties for exceeding the limits.
  • File Annual reports beginning in May 2027.

2035 Compliance Pathway

If a building does not fit the parameters of either category above, and:

  • Is a Mitchell-Lama with no units that participate in a federal project-based housing program, or
  • Has no rent-regulated units and has one or more units that are income restricted through certain loans, grants, real property tax benefits or property disposition programs

This building must follow the 2035 Compliance Pathway.

  • Meeting Emission Limits starting in 2035 and face penalties for exceeding the limits.
  • File annual reports beginning in May 2036

Professional Assistance for LL97 Compliance in New York

Latitude Compliance is your professional team of compliance experts who handles your entire compliance project from start to finish, ensuring your building in New York meets the required compliance requirements by the set deadlines and avoids penalties. If you own an affordable housing building in New York, contact us today for a review of your compliance needs for the new LL97 emissions protocols.

Posted on behalf of Latitude Compliance