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Local Law 97 Article 321: The Pathway for Affordable and Rent-Regulated Buildings

Short answer: Article 321 is the Local Law 97 pathway for certain affordable and rent-regulated NYC buildings: more than 35% rent-regulated units, HDFCs or co-ops, or federal project-based assistance. They file a one-time report instead of meeting a yearly emissions cap.

Figures for 2030 and later are projections at today's energy use, not a bill or a forecast of what the city will charge.

What Article 321 is

Most covered buildings fall under Article 320 and must stay under a yearly emissions limit. Article 321 is the alternative for certain affordable and rent-regulated buildings. It replaces the cap with a one-time compliance path.

Which buildings qualify

  • More than 35% of units subject to rent regulation.
  • Housing Development Fund Cooperatives (HDFCs) or co-ops, as NYC Accelerator lists the category.
  • At least one unit in a federal project-based assistance program, such as Section 8, Section 202, Section 811 or CoC.

A building can qualify under any one. DOB's covered buildings list shows the pathway for each building, so confirm there.

The two pathways

Prescriptive. Carry out every applicable prescriptive energy conservation measure, such as adjusting heat and hot water setpoints, repairing heating leaks and insulating pipes. File a one-time report certified by a retro-commissioning agent.

Performance-based. Show that 2024 emissions already meet the 2030 limits, with a one-time report certified by a registered design professional.

Dates

NYC Accelerator gives May 1, 2025 as the due date for the report under both pathways, and December 31, 2025 as the deadline for DOB's mediated resolution extension for penalty mitigation. Those dates have passed, so confirm with DOB what applies to a building now.

Related

See Local Law 97 for co-ops and condos and how to file the report.

Frequently asked questions

What is Local Law 97 Article 321?

It is the pathway for certain affordable and rent-regulated buildings. Instead of an annual emissions cap, they follow required measures or show they already meet the 2030 limits.

Which buildings qualify for Article 321?

NYC Accelerator lists three groups: buildings where more than 35% of units are rent regulated, Housing Development Fund Cooperatives (HDFCs) or co-ops, and buildings with at least one unit in a federal project-based assistance program.

What are the two Article 321 pathways?

The prescriptive pathway means carrying out the required energy conservation measures and filing a one-time report certified by a retro-commissioning agent. The performance pathway means showing that 2024 emissions already meet the 2030 limits, with a report certified by a registered design professional.

Does this site estimate Article 321 buildings?

No. A building listed on the Article 321 pathway has no emissions cap to compare against, so it is not given a penalty estimate.

Sources

More Local Law 97 guides

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