Local Law 97 Compliance for
Affordable Housing

The City of New York has instituted laws to achieve carbon neutrality for NYC by 2050. Local Law 97 puts a carbon cap on buildings over 25,000 SF and a financial penalty for those that don’t comply. If you’re an affordable housing owner, we have all the upfront information you’ll need and the resources to help you navigate compliance for your building. 

What constitutes affordable housing?

The city defines affordable housing as more than 35% of units in a building being rent controlled. There are some exceptions and alternate definitions, and those can be found in the FAQ for affordable housing compliance.

FAQ for Affordable Housing Compliance


Upcoming Deadline and Penalties 

The carbon emission caps are based on the size and type of property. The first compliance period begins in 2024 and lasts till 2029. If you exceed the cap the penalty will be $268/ton over allowed threshold. The table below includes a breakdown of the carbon emission caps according to building type. It is important to note that in each period the thresholds become more stringent.  

Path to Compliance

The City of New York has identified the following Prescriptive Energy Conservation Measures (ECMs) as a pathway to compliance for affordable housing (if one of the two specified requirements are met). In order to comply, these ECMs must be completed by December 31st, 2024.

  • Adjust temperature set points for heat and hot water
  • Repair heating system leaks
  • Maintain the heating system
  • Install individual temperature controls or insulated radiator enclosures
  • Insulate heating and hot water pipes
  • Insulate steam system condensate tank or water tank
  • Install heating system sensors and boiler controls
  • Repair or replace steam traps
  • Install or upgrade steam system master venting
  • Upgrade common area lighting to comply with New York City Energy Conservation Code
  • Weatherize and air seal, where appropriate
  • Install timers on exhaust fans
  • Install radiant barriers behind all radiators

* NYC Accelerator Local Law 97 — Article 321

We understand that the path to compliance can be overwhelming and at times costly. AEA can identify the pain points in your building, and help you address the ECMs to be in compliance while providing you with the best resources to finance your building’s upgrades. If you have any questions regarding LL97 affordable housing compliance, contact Asit Patel at LL97info@aeacleanenergy.org.

Tania Hidalgo | February 27th, 2023