Local Law 97 FAQs

LOCAL LAW 97 GUIDANCE FOR AFFORDABLE HOUSING FAQ

The following guidance represents frequently asked questions building owners have regarding LL97 implementation. The information in this document is provided for reference purposes only and is not a substitute for the definitions, provisions, or interpretations contained in applicable laws, rules, and administrative or court decisions. Building owners may wish to consult with a legal representative or registered design professional for specific questions about their building’s compliance with Local Law 97.

 

If a building has at least one rent regulated unit and no more than 35% of rent regulated units, the legislation says they must comply with GHG emissions limits. What does this mean?

• Under LL97, buildings are assigned emissions limits that get progressively more stringent over time, based on energy consumption patterns. Buildings must make energy efficiency improvements and other retrofits to ensure they stay under their emissions limits or face Buildings with at least one and no more than 35% of rent regulated units are subject to Article 320.3.10.1 (2026 Pathway), which means they must not exceed emissions limits starting in 2026. The first annual compliance report for these buildings is due on May 1, 2027.

 

What is the Prescriptive Pathway Compliance for LL97 and how does it affect affordable housing?

• Buildings with more than 35% of rent regulated units and some other types of affordable housing can comply with LL97 by 1) not exceeding their assigned emissions limits or by 2) following Article 321 (Prescriptive Pathway).
• The Prescriptive Pathway requires buildings owners to make certain energy conservation measures by December 31, 2024. These measures can be found here, and include upgrading lighting, weatherization, and air

 

If a building is owned by an HDFC and also has a project-based Section 8 contract, which pathway should the building comply with?

• If the project is an HDFC co-op, it is subject to Article 321 (Prescriptive Pathway). If it is an HDFC rental, it is also subject to Article 321 (Prescriptive Pathway) because it has a project- based Section 8

 

My building is an HDFC. Does it fall under Article 321 or Article 320.3.9?

• HDFC co-ops are always covered by Article
• HDFC rentals could be subject to Article 321 (Prescriptive Pathway) or Sections 320.3.10.1 (2026 Pathway) or 3.9 (2035 Pathway), depending on whether they include units that are rent regulated, how many units are rent regulated, or if they if they participate in a federal project-based housing program (e.g., project-based Section 8).
• See flowchart for specific

 

How will buildings that solely have a 421-a exemption be treated?

• LL97 does not specifically address buildings that only have 421-a tax exemptions. Owners need to use other building and unit characteristics, like number/percentage of units that are rent stabilized, to determine the building’s compliance See the flowchart above for more information.
• If more than 35% of the building’s units are rent stabilized, or if any number of units in the building participates in a federal project-based housing program (like project-based Section 8), then the building should follow the Prescriptive Pathway.
• If the building has at least one rent stabilized unit and no more than 35% of units are rent stabilized, then the building should follow the 2026 Pathway.
• If the building has no rent stabilized units, but certain government loans, grants, disposition programs, or tax benefits impose an income restriction on at least one unit (in accordance with Section 320.3.9), then the building should follow the 2035 Pathway.
• In general, rental buildings receiving solely “old 421-a” (421-a(1-15)) will follow the Prescriptive Pathway because old 421-a requires all rental units to be rent stabilized (i.e., both market and affordable units); rental buildings receiving solely “new 421-a” (421-a(16)) will generally follow the 2026 Pathway because new 421-a only requires the affordable units and market units below the vacancy decontrol threshold to be rent stabilized; homeownership buildings with either old or new 421-a as well as HPD/HDC loan(s) and a regulatory agreement with occupant income restrictions will follow the 2035 Pathway; and homeownership buildings with solely 421-a (i.e., standalone 421-a) must comply with Article 320 starting in 2024 (2024 Pathway).

 

What are the LL97 compliance requirements for a Mitchell-Lama cooperative regulated by HPD and financed by HDC? Are Mitchell-Lamas exempt from LL97 penalties until 2035?

• Mitchell-Lama co-ops and rentals generally fall into Article 3.9 (2035 Pathway), which requires them to comply in 2035. However, if a Mitchell-Lama building has any units that participate in a federal project-based housing program, it would be subject to Article 321 (Prescriptive Pathway) in 2024 instead of the 2035 Pathway.

 

If Mitchell-Lamas have rent-regulated units, will they need to comply with Article 321 and the ‘less/greater than 35% rent-regulated units’ requirement?

• Pre-1974 Mitchell-Lama buildings are exempt from rent regulation and a Mitchell-Lama housing company cannot be incorporated as an HDFC, so Mitchell-Lamas would be subject to Article 321 (Prescriptive Pathway) only if they have federal project-based assistance. Otherwise, they must follow Section 320.3.9 (2035 Pathway).

 

How do LL97 requirements work for HDFCs with 420-c, Article XI, or UDAAP?

• HDFC co-ops are always subject to Article 321 (Prescriptive Pathway). HDFC rentals could be subject to Article 321 or Sections 320.3.10.1 (2026 Pathway) or 320.3.9 (2035 Pathway) depending on whether they include units that are rent regulated, how many units are rent regulated, or if they if they participate in a federal project-based housing program (e.g., project-based Section 8). 420-c, Article XI, or UDAAP tax exemptions qualify HDFC rentals for the 2035 Pathway only if the building has no units that are rent regulated or that participate in a federal project-based housing program. See the flowchart above for more information.

 

The law notes that buildings with federal project-based assistance (e.g., project-based Section 8) are subject to Article 321 and can either meet the 2030 emissions limits or implement the prescriptive energy conservation measures by December 31, 2024. Is there a certain percentage of units that must have federal assistance in order to fall within this category, similar to the 35% rent stabilized requirement for rent regulated accommodations?

• Any number of units with federal project-based assistance will qualify a building for Article 321 (Prescriptive Pathway). Note that tenant-based Section 8 vouchers do not count as federal project-based

 

Regarding Article 321 (Prescriptive Pathway), how early can affordable housing implement all measures for LL97 compliance? Should they hire a design professional to verify compliance from the start of implementation or after completion of all measures?

• Buildings are encouraged to begin energy conservation measures as soon as possible and keep records from the start of Rules and guidance documentation materials from the Department of Buildings (DOB) are forthcoming. Buildings should visit the DOB website in "Resources" to watch for updates in the coming year.
• Note that for buildings implementing Article 321 prescriptive energy conservation measures, the compliance report must be filed by a Retro-commissioning Agent. Buildings reporting compliance with emissions limits under Article 321 are required to have their annual report certified by a registered design

 

If a building completes electrification projects that reduce its usage of fossil fuels, would that count for compliance with LL97?

• Electrification would not count as a prescriptive energy conservation measure, but electrification projects may help a building to meet emissions limits under Article 2.1 and Article 320.

 

How are renewable technology measures, like solar, calculated for LL97? How might I show that a building installed a solar array and count that as part of the Prescriptive Pathway under Article 321?

• Solar is not one of the prescriptive energy conservation measures, but onsite solar could help reduce emissions and enable some buildings to meet emissions limits. This would be true for an Article 321 building seeking to meet the 2030 emissions limits by 2024 or a building subject to any compliance pathway in Article 320. For buildings pursuing compliance via 321.2.1(2024 Pathway), a report by a design professional demonstrating that the building’s emissions limits (with solar) are below the 2030 limits must be submitted to DOB by May 1,
• DOB will issue a Rule with information regarding how renewable technology measures like solar should be calculated for the purpose of determining energy usage.

 

Does the Prescriptive Pathway require only a single compliance report in 2025, or will building owners need to take further action after 2025?

• According to Article 321 as currently written, no further action is required once a building has implemented the required energy conservation measures and submitted a report in 2025 to demonstrate

 

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

• Tenant-based vouchers are not “attached” to a particular building and will not quality a building for Article 321 (Prescriptive Pathway).

 

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 above to determine compliance

 

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 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 above to determine compliance requirements.

 

Can buildings subject to Article 321 (Prescriptive Pathway) apply for exemption from implementing the required Prescriptive Energy Conservation Measures?

• Buildings subject to Article 321 (Prescriptive Pathway) must implement the required prescriptive energy conservation measures and cannot apply for an exemption. However, these buildings do have the option of meeting 2030 carbon emissions limits (320.3.2) in 2024 instead of pursuing the Prescriptive Energy Conservation

 

The emission limits are specific to different occupancy groups. My building is primarily housing (i.e., a class A multiple dwelling) but has ground floor retail stores. Which emissions limit is my building subject to?

• The emissions limit calculations will be based on the sum of the area quantification for each of the property

 

What do we do if the current building occupancy varies from what is on our Certificate of Occupancy?

• The owner of a covered building is required to submit an annual report, certified by a Registered Design Professional (RDP) regarding their compliance with applicable building emissions limits pursuant to The building’s Registered Design Professional is responsible for determining the applicable Occupancy Groups for a covered building based on the rules of the department which have not yet been developed.
• Chapter 3 of the 2014 NYC Building Code (NYC Building Code Chapter 3: Use and Occupancy Classification) provides details regarding each of the Occupancy Groups.
• The building’s Certificate of Occupancy (as applicable) is a reference regarding the Occupancy Groups that have been approved for a
• The Annual Building Emission Limit is calculated per Section 320.3 and is based on the ACTUAL Occupancy Groups in the If the actual occupancy in the building differs from the Certificate of Occupancy, the ACTUAL occupancy should be indicated.

 

Will there be specific information on which equipment would be more energy efficient for a building’s needs and/or support to complete the compliance report?

• NYC Accelerator and other State and City programs can help owners identify energy efficiency and carbon reduction measures they can take to achieve compliance with LL97.

 

Clarifications to the Prescriptive Energy Conservation Measures:

• Regarding pipe insulation, do I need to insulate pipes that are not visible or accessible?
  • Only pipes that are accessible are required to be insulated. See 2020 NYCECC Section 1, C403.11.3 and C404.4.
• How is “whole building insulation” defined and does this require me to open up cavities or add roof insulation?
  • Buildings should add insulation to exposed cavities in roofs and walls that are part of the thermal enclosure of the building, to the extent See 2020 NYCECC Section C503.1, Exception #3.
• Regarding “timers on exhaust fans” can you clarify which types of exhaust fans you are referring to?
• This measure refers to intermittent-type exhaust fans that are not designed to be part of a code-compliant continuously running ventilation system.
• Are radiant barriers required behind all radiators (e.g., fin-tube baseboard heaters) or just freestanding cast-iron type radiators?
  • Radiant barriers should be installed behind equipment that heats a space primarily by radiation (> 50%) rather than convection. This would include, but not be limited to, steel, aluminum and cast-iron panels (single and double), flat pipe (single and double), tubular type, and sectional radiators. Such equipment would not include fin- tube baseboard heaters and convectors. The intent is not to require destructive work to install a radiant

 

Local Law 97 & Affordable Housing FAQs

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

 

1 RCNY 103-14: Procedures for Reporting on and Complying with Annual Greenhouse Gas Emissions for Certain Buildings

ALTERNATIVE FUELS

Q1.   Will Local Law 97 of 2019 (Articles 320 & 321 of the 2022 NYC Administrative Code) rulemaking provide for the use of renewable natural gas as a path towards reducing building emissions?

A1.     The City will evaluate low or carbon free forms of energy as it implements Local Law 97. More guidance will be provided in the future.

 

BENCHMARKING, ENERGY GRADES & OTHER RELATED LAWS

Q1. Does DOB plan on assessing potential overlap between Local Law 84 of 2009 (LL84) and Local Law 97 (LL97) to streamline compliance with both laws?

A1.  DOB is assessing the overlap and the interplay between various emissions and energy efficiency laws (i.e. LL84 and LL87) to streamline compliance requirements.

 

BUILDING EMISSIONS LIMITS & PROPERTY TYPES

Q1. Are there minimum square footages when entering a space into Energy Star Portfolio Manager (ESPM) for the purposes of complying with LL97? How should ancillary spaces be treated? And how does an owner assign a property type to a vacant space?

A1. There is no minimum square footage requirement when entering a space into ESPM for the purposes of complying with LL97. Where ancillary spaces serve multiple occupancy types, the ancillary space should be prorated and assigned proportionally across the different occupancy types in a building. DOB suggests that an owner work with a Registered Design Professional (RDP) to properly assign all the spaces in their property, including vacant and ancillary spaces. Future rulemaking will guide owners and RDPs on how to address vacant space in reporting.

 

Q2. Did DOB account for all observable property types in New York City (NYC) in converting to ESPM property types?

A2.  The covered building uses should be assigned per the descriptions in the Property Types section of the Energy Star Portfolio Manager (ESPM) glossary. Every space use on every floor in the building must be assigned to a property type. Where ancillary spaces, including but not limited to shafts, stairwells or egress paths, mechanical spaces, and incidental uses, are associated with a single occupancy, they should be assigned that occupancy class. Where ancillary spaces serve multiple occupancy types, the ancillary space should be prorated and assigned proportionally

across the different occupancy types in a building. If you believe your property contains a property type not accounted for in DOB's conversion to ESPM property types, please contact ghgemissions@buildings.nyc.gov.

 

Q3. Does DOB plan on revising its conversion of New York City Building Code occupancy groups to ESPM property types?

A3. DOB continues to work closely with its partners at Energy Star to ensure it has properly characterized all the possible property types of LL97 covered buildings.

 

Q4. I am the owner of a Local Law 97 (LL97) covered building with a property type that isn’t listed specifically in Rule 103-14, and I need help determining which Energy Star Portfolio Manager (ESPM) Property Type category is the right one for my LL97 greenhouse gas (GHG) emissions reporting. Can the Department help determine which ESPM Property Type categories are the most appropriate for my building?

A4. Owners must work with a registered design professional (RDP) to determine which ESPM Property Type categories best represent the uses in their building. The categories should be based on occupancy type, usage patterns, and energy consumption patterns. Owners and RDPs should refer to Property Types in Portfolio Manager to get started. Should an owner wish to have an ESPM category reviewed and approved by the Department prior to submission of a GHG emissions report, they must submit a Construction Code Determination (CCD1) for review. A CCD1 is not mandatory for LL97 reporting - owners are able to rely on the discretion of the RDP. As per Section 28-101.5, Definitions, in the 2022 Administrative Code, a registered design professional is an architect or engineer that is licensed to practice in New York State.

 

CARBON CAPTURE & STORAGE (CCS)

Q1. Can my building use carbon capture and storage (CCS) as a compliance pathway for Local Law 97 of 2019 (LL97)?

A1.  LL97 does not currently allow for the use of CCS as a compliance pathway for LL97, absent further government action. DOB is engaging with stakeholders to better understand how CCS technology works and what methodology is used to account for captured carbon and other criteria pollutants, including how much carbon is permanently removed through each phase of capture, transport, and mineralization with third-party verification. DOB is also seeking information on the scope and the landscape of markets that handle captured carbon.

 

Q2. How does DOB review CCS permit applications?

A2. DOB reviews and approves applications for alternative materials, like CCS technology, in accordance with Section 28-113.2.2 of the 2022 Administrative Code. The evaluation required for approval under the Administrative Code requires alternative materials to comply “with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.” New technology like CCS is also reviewed by the Innovation Review Board (IRB) in accordance with Section 28-103.1.3 of the 2022 Administrative Code. The IRB includes representatives from DOB, the Department of Environmental Protection, the Department of Health and Mental Hygiene, the Department of Design and Construction, and the Department of City Planning. Other agencies that have participated in IRB review of CCS

technology are the Fire Department, the Department of Transportation, and the Department of Sanitation. Future applications for CCS technology will continue to be subject to these processes. Please note that the Building Sustainability Board (BSB) established by Executive Order from DOB also discussed the issue of CCS technology. BSB is made up of industry experts from both the public and private sector coming from a range of technical disciplines, such as architecture and engineering. For more information on the IRB and BSB, please visit the DOB’s webpage at **https://www.nyc.gov/site/buildings/codes/sustainability-boards.page**.

 

CARBON CAPTURE & STORAGE (CCS)

Q1. Can my building use carbon capture and storage (CCS) as a compliance pathway for Local Law 97 of 2019 (LL97)?

A1.  LL97 does not currently allow for the use of CCS as a compliance pathway for LL97, absent further government action. DOB is engaging with stakeholders to better understand how CCS technology works and what methodology is used to account for captured carbon and other criteria pollutants, including how much carbon is permanently removed through each phase of capture, transport, and mineralization with third-party verification. DOB is also seeking information on the scope and the landscape of markets that handle captured carbon.

 

COMPLIANCE: COMMERCIAL TENANTS

Q1. Does LL97 provide a mechanism for issuing fines to a sub metered tenant with standalone energy systems?

A1.     LL97 does not provide a mechanism for issuing LL97-related fines to tenants.

 

COMPLIANCE: DISTRIBUTED ENERGY RESOURCES (DERs)

Q1. Can you clarify the allowable double-counting for clean DER?

A1.     DOB will be addressing the reporting of clean DERs in a filing guide.

 

COMPLIANCE: FINES

Q1. Will an owner be able to put the fines it would otherwise pay directly to the City toward upgrades to their property?

A1. DOB is engaged in rulemaking related to penalties and is assessing all forms of assistance to building owners, which may include flexibility to achieve more aggressive emissions reductions over time, to ensure that buildings reduce their carbon emissions. Continue to check DOB’s Rules webpage for updates at **https://www.nyc.gov/site/buildings/codes/rules.page**.

 

COMPLIANCE: OFFSETS

Q1. What types of offsets has DOB deemed allowable under LL97?

A1. As directed by §320.3.6.2 of the 2022 NYC Administrative Code, DOB is assessing the use of offsets and will engage in future rulemaking on this issue.

 

COMPLIANCE: OTHER

Q1. Will DOB provide guidance regarding what must be included in an annual LL97 report?

A1.     DOB will provide guidance regarding how to comply with LL97 reporting requirements.

 

LL97 COVERED BUILDINGS LIST

Q1. How would the owner of a covered building demonstrate that the building qualifies for Exception #2 of the Covered Buildings definition in §28-320.1 or Exception #1 of the Covered Buildings definition in §28-321.1, “garden style apartments,” and should not be considered a covered building under Local Law 97 of 2019 (LL97)?

A1.  The owner of a covered building must submit documentation signed and stamped by a registered design professional (RDP) including all the following information:

• documentation demonstrating the covered building is three stories or

• DOF tax records classifying the covered building as residential Property Type

• proof of the occupancy group on the CofO

• provide a statement that no central HVAC or hot-water systems in the covered building serve more than 25,000 (2322.5 m) gross square feet

  2

• provide a date stamped picture of the property, within the past year, with a geo-

• a single letter may cover multiple lots, blocks, or BBLs, as long as they are contiguous and under the same ownership in DOF records.

 

DOB NOW

“The alteration work in this application is intended to reduce carbon emissions in accordance with Local Law 97 of 2019.” (Applicant answers Yes or No)

If Yes, then ask the following question: “What is the Estimated Job Cost ($) that directly supports LL97 compliance?”

Q1. For alteration work, I’m being asked a question whether the alteration work is intended to reduce carbon emissions in accordance with Local Law 97 of 2019 (LL97). When should I select yes or no?

A1.  You should select yes if the building undergoing an alteration is subject to LL97 and the scope of work of the alteration is intended to reduce carbon emissions. If a building is not subject to LL97

or the alteration work being done is not intended to reduce carbon emissions, then the applicant should select no.

 

Q2. The alteration work that is in the scope of my application will effectively be more energy efficient due to updated Energy Codes. Should I include the cost estimate of this scope of work as intended to reduce carbon emissions?

A2.  The intent of this question is to get an understanding of what type of work is being done and how much it’s costing to comply with LL97. The cost estimate should be provided for work done specifically for purposes of reducing carbon emissions (e.g., converting boiler to Heat Pump, lighting retrofit, adding heat recovery, façade replacement, etc.). We are not asking for the cost of any energy consuming equipment that is for a standard tenant fit out and by the nature may be more efficient and less carbon intense than the prior.

 

FUEL COEFFICIENTS

Q1. Why hasn't DOB released coefficients beyond 2034?

A1.  DOB needs to assess how the grid has changed before developing those coefficients. DOB plans to address coefficients beyond 2034 in future rulemaking. However, the state has indicated that the electric grid will be 100% carbon free by 2040.

 

FURTHER INFORMATION

Q1. Will DOB publish a comprehensive list of all incentives and rebates available to property owners?

A1. Owners should reach out to the NYC Accelerator to obtain assistance in identifying available financing options for building retrofits and energy efficiency measures. DOB does outline a variety of resources on its website to support building owners with LL97 compliance. These resources include programs that provide technical assistance, PACE financing, and incentives the New York State Energy Research and Development Agency, National Grid, and ConEd. Find additional information at **https://www.nyc.gov/site/sustainablebuildings/tools-and-links/tools-and-** links.page.

 

FUTURE RULES

Q1. Will owners be penalized if the grid does not decarbonize as fast as expected?

A1. DOB is engaged with partner agencies and utilities to ensure future rulemaking reflects realistic expectations regarding the decarbonization of the grid. Continue to visit the DOB Rules webpage for updates.

 

LAW STRUCTURE & METHODOLOGY

Q1. Did DOB use benchmarking data prior to 2017 in the formulation of coefficients or limits?

A1. The emissions limits are based on an analysis that uses 2018 data. DOB has published a report containing the methodology of this analysis. To review a copy of the LL97 ESPM Methodology document visit the DOB’s Emissions Limits webpage.

 

PENALTIES

Q1. How will the lifespan of certain building equipment and systems effect LL97 compliance?

A1.  DOB is engaged in rulemaking related to penalties and assessing issues related to the lifespan of certain building equipment and systems and efforts of building owners to reduce carbon emissions and increase energy efficiency.

 

POST-2050

Q1. How does DOB intend to treat carbon starting in 2050?

A1.  The City and New York State have set targets for carbon neutrality by 2050. Greenhouse gasses emitted into the atmosphere by any entity beyond 2050 will need to be offset.

 

RENEWABLE ENERGY CREDITS (RECs)

Q1. Will DOB address RECs further beyond the issuance of 1 RCNY 103-14?

A1.  1 RCNY 103-14 clarifies that RECs can only be applied to electricity emissions. DOB is assessing how to further address RECs in the future.

 

REPORTING REQUIREMENTS & CALCULATIONS

Q1. What building energy use data is required for compliance with LL97 in 2025?

A1.  When filing its LL97 report, a property is required to use the previous year's building energy use data. In other words, for compliance in 2025, the owner will provide data for calendar year 2024. This data will be based on information typically reported for compliance with LL84 (Energy Benchmarking), however other information may be required, depending on how an owner approaches compliance with LL97. Further detail will be addressed in future rulemaking and additional guidance issued by the Department.

 

Q2. What source does DOB recommend an owner use to determine and report on a property's gross square footage?

A2. How gross floor area is defined is not consistent across city agencies and differs based on each agency’s mission. Per §320.3.7 of the 2022 NYC Administrative Code, the owner of a covered building is required to submit a report annually of GHG emissions, which is certified by a registered design professional (RDP). In the event of a discrepancy between a building’s actual gross square

footage and a previously reported gross square footage for the building, we recommend that the owner work with RDP to provide DOB with the most accurate data possible, consistent with the definition of “gross floor area” in 1 RCNY 103-14.

If you believe your property is erroneously listed on the Covered Buildings List due to the square footage of your building, contact DOF at benchmarking@finance.nyc.gov. Please include the following in the email:

• the borough, block, and lot number of the building
• contact information: name, email address, telephone number and
• an explanation of your

 

UTILITIES, GRID PLANNING, & RENEWABLES

Q1. How is DOB using the implementation of LL97 to advocate with its partners for clean energy improvements to the grid?

A1. DOB is working closely with utilities and government to reach our collective clean energy and energy efficiency goals. This includes ensuring 70% of all New York’s electricity comes from renewable sources by 2030 and 100% is carbon-free by 2040, as well prioritizing energy efficiency and ensuring the grid is resilient to meet new electricity demands.

These FAQs have been provided for general information purposes only. The information provided through these FAQs does not relieve any person from compliance with Local Law 97 of 2019 (Articles 320 & 321 of the 2022 NYC *Administrative Code) and other applicable laws and rules.*