NYC · Local Law 97 · Sources checked October 5, 2026

How to check an LL97 penalty estimate.

Article 320 uses $268 per excess tCO₂e. Verify the building’s pathway, energy inputs and applicable emissions limit before using a screening amount.

Trace the inputs before multiplying

  1. Confirm that the building is subject to annual Article 320 limits for the modeled year.
  2. Calculate emissions from each supported fuel or energy input using coefficients for that year.
  3. Sum the disclosed property-use areas multiplied by their applicable ESPM limits.
  4. Calculate max(0, emissions − limit), then multiply that excess by $268.

Beginning in 2026, DOB requires emissions limits based on ENERGY STAR Portfolio Manager (ESPM) property types. For mixed uses, each disclosed use area contributes to the cap. Original occupancy-group limits are historical comparisons, not the default current method.

The current BuildingFi method screens available whole-property LL84 inputs. Its displayed modeled year and energy-data year identify the calculation; older consumption does not establish current operations. Deductions and adjustments are not included in the preliminary screen.

A hypothetical example

Calculated emissions
600 tCO₂e
−
Applicable limit
500 tCO₂e
=
Excess
100 tCO₂e

100 × $268 = $26,800 for the illustrated year. These invented example inputs belong to no actual building. A professional must determine the real inputs and any applicable adjustments, deductions or mitigation.

Why two estimates can differ

Compare the energy-data year, building identity, whole-property reporting boundary, fuel quantities, use areas, modeled year and calculation method. LL84’s aggregate greenhouse-gas total is not a substitute for tracing the inputs used in an LL97 calculation. A fixed multiplier cannot resolve those differences.

BuildingFi withholds estimates and classifications when the evidence is inconclusive. An unavailable amount is not zero exposure. A shared-building or incomplete disclosure needs reconciliation before it can support an individual-building calculation.

Check other obligations separately

DOB lists a separate Article 320 failure-to-report penalty based on floor area multiplied by $0.50 per month. Article 321 has different reporting and compliance penalties. The lookup’s excess-emissions amount does not combine these obligations or determine whether a violation was issued.

Use DOB’s current filing guides to investigate mitigation and the building’s actual reporting status. Paying an excess-emissions penalty does not replace a required report.

Questions owners ask

How is the basic Article 320 excess-emissions amount calculated?

Subtract the applicable annual emissions limit from calculated emissions, use zero when there is no excess, and multiply positive excess tCO₂e by $268. Verify the pathway, inputs, deductions, adjustments and mitigation before treating this screening amount as a compliance obligation.

Can I divide LL84 total emissions by a fixed factor?

No universal correction factor establishes an LL97 result. Recompute from the supported energy inputs and applicable-year coefficients, and determine the correct use-area limits. Different fuel mixes, data years and reporting boundaries can change the comparison.

What does BuildingFi’s estimate establish?

BuildingFi shows a preliminary screening estimate when its public energy inputs, building identity and calculation pathway support one. Missing or conflicting evidence leaves the estimate unavailable. A modeled result does not establish an assessed amount owed or certify compliance.

Does zero excess mean no filing obligation?

No. Zero modeled excess under the annual emissions limit does not establish that a required report was filed. Filing obligations and filing penalties must be checked separately.