Local Law 97 imposes steep costs too fast on residential buildings for their energy emissions

New York City’s Local Law 97, passed in 2019, was hailed as a breakthrough step in reducing the city’s greenhouse gas emissions. Aimed at large buildings exceeding 25,000 square feet — between 40,000 and 50,000 structures across the city — it proposed fines for non-compliance beginning as early as 2024, with even stricter requirements going into effect in 2030 and getting progressively tougher through 2050.

Understanding that almost 70% of the city’s greenhouse gas emissions come from buildings, it’s common sense that regulators would strive to reduce them. The goal of the law is laudatory: to reduce building emissions by 40% by 2030 — compared to 2005 levels — and 80% by 2050. It is both ambitious and necessary as we grapple with record heat waves and unprecedented weather events, signs of the accelerating climate crisis.

However, many New Yorkers, particularly those in the city’s co-op and condo communities, are justifiably concerned about this massive undertaking. Retrofitting older residences to meet the new emissions standards is expensive. It’s estimated that by 2024, more than 3,500 properties could face $200 million in fines, with penalties projected to exceed $1 billion by 2035. As building owners struggle to meet the new standards, residents fear these costs will be passed onto them via increased rents and maintenance fees.

Many landlords and managers are facing the same daunting challenge of retrofitting buildings to meet the stringent green standards mandated by laws like Local Law 97. With no universal approach to compliance and a constantly evolving regulatory landscape, owners are thrust into a labyrinth of decision-making.

Understanding the specifics of their homes, analyzing emissions data, and figuring out feasible changes are all integral steps in this process. Yet, they must also factor in the complexities of labor requirements, budget constraints, and, at times, creatively sourcing finance. All while recognizing that the implementation timeline for such retrofits can stretch from mere days to many years.

This combination of factors only underscores the enormity of the challenges faced by the property owners as they grapple with the onerous task of aligning their holdings with the city’s ambitious sustainability goals. In this race against time, they’re left trying to maintain the affordability of their buildings and the satisfaction of their residents. Yet, even with these major strides towards green energy, the pressure to comply with Local Law 97 is not letting up.

The opponents who argue for outright ending Local Law 97 miss the bigger picture — the urgent need to mitigate the city’s contribution to the climate crisis. Instead, let’s focus on fixing the issues within the law to ensure its effectiveness while protecting those who may bear an unfair burden.

At a recent town hall, Queens Councilmember Linda Lee emphasized that many of her older constituents, while not opposed to the law, were unaware of its implications. And it’s a fair point. To achieve our shared vision of a green New York, it’s vital that everyone understands the need for, and potential impact of, legislation like Local Law 97. This is particularly important considering the law was passed during a chaotic time marked by significant hardship.

Two promising solutions have emerged at the state and city level. Albany’s Parker-Braunstein bill would provide homeowners with resources to comply with Local Law 97, ensuring sustainability and affordability coexist. Tax incentives for building upgrades would mitigate the financial impact on residents, making the pursuit of a greener future a shared responsibility, not an undue burden.

On the city level, Council Intro 913 proposes a delay of Local Law 97′s enactment for seven years. This would give stakeholders time to plan and implement upgrades without the fear of crippling penalties. It also allows for technology advancements to align with the law’s requirements, potentially reducing costs and ensuring economically feasible implementation.

It is undeniable that Local Law 97′s intent aligns with our shared vision of a green future for generations to come. However, legislation only becomes truly transformative when it’s designed and executed in a manner that considers all stakeholders. Our city and state legislators need to understand this delicate balance and take action to fix Local Law 97, not end it.

In this pivotal moment, it’s crucial that we, as New Yorkers, lend our voices to this conversation. Our vision of a green New York is shared, but our approach needs adjusting. Let’s refine Local Law 97, not repeal it. Our shared future — one that marries affordability and sustainability – depends on it.

Fernandez is the treasurer of Queensview, a residential cooperative housing complex in the Astoria-Long Island City neighborhood. Founded in 1950, it has 14 buildings and 726 co-op apartments.