New York Local Law 97 (“LL97”) is a landmark piece of climate legislation enacted as part of New York City’s broader Climate Mobilization Act. Passed in 2019, LL97 aims to drastically reduce greenhouse gas emissions from large buildings, which are among the biggest contributors to New York City's carbon footprint. The law sets strict emissions limits for buildings over 25,000 square feet, starting in 2024, with progressively tougher standards leading up to 2050.
LL97 primarily covers larger buildings, targeting those that contribute significantly to New York City’s greenhouse gas emissions (“Covered Buildings”). The specific categories of Covered Buildings under LL97 include:
Buildings over 25,000 square feet: The law applies to individual buildings that have more than 25,000 gross square feet of floor area.
Buildings on the same tax lot: If there are two or more buildings on the same tax lot that together exceed 50,000 gross square feet, they are also covered under LL97.
Condominium buildings: Two or more buildings governed by the same condominium board that collectively exceed 50,000 gross square feet are subject to the law.
Here's a list of Covered Buildings.
For Covered Buildings not subject to the below-described exceptions, the deadline for submitting the LL97 Compliance Reports is May 1, 2025.
- Owners of Covered Buildings containing at least one but fewer than 35% rent-regulated units have until May 1, 2027, to submit their first LL97 Compliance Report.
- Buildings with at least one rent-regulated unit as a condition to a loan, grant, tax exemption, tax abatement, or conveyance of property from any state or local governmental agency or instrumentality pursuant to the Private Housing Finance Law, the General Municipal Law, or section 420-c of the Real Property Tax Law have until May 1, 2036, to submit their first LL97 Compliance Report.
- New buildings that have a temporary or final certificate of occupancy issued after January 1, 2024, must begin reporting the first full calendar year after issuance of the temporary or final certificate of occupancy. For e.g., buildings with temporary or final certificates of occupancy issued after January 1, 2024, do not need to file a report by May 1, 2025, but will need to file a 2025 LL97 Compliance Report by May 1, 2026.
- New owners of Covered Buildings are exempt from having to report on the calendar year that title was transferred, provided that the new owner was a bona fide purchaser. For e.g., Covered Buildings purchased after January 1, 2024, do not need to file a report by May 1, 2025, but will need to file a 2025 LL97 Compliance Report by May 1, 2026.
While May 1, 2025, is the filing deadline for Covered Buildings not subject to the above-described exceptions, LL97 provides for a 60-day grace period. Furthermore, for an additional $60 filing fee, owners have until June 30, 2025, to request a filing extension to August 29, 2025. Failure to timely file a LL97 Compliance Report will result in a civil penalty in an amount equal to $0.50 per gross square foot each month (including the 60-day grace period). The civil penalty is in addition to any potential civil penalty owed as a result of LL97 noncompliance, which is $268 per metric ton of carbon that exceeds a building’s permitted emissions.
