Article 320 is the core Local Law 97 compliance pathway for most covered private buildings in NYC, requiring annual emissions reporting and compliance with building-specific greenhouse gas limits.

And like most NYC compliance roads, it has tolls, deadlines, paperwork, and a few potholes labeled “penalties.”

What is Article 320?

Article 320 is the part of Local Law 97 that applies to most covered private buildings in New York City. It sets greenhouse gas emissions limits for covered buildings and requires owners to file annual emissions reports with the Department of Buildings.

Iif your building is covered under Article 320, the city wants to know how much carbon your building is producing. If your building is over the allowed limit, you may face penalties. Article 320 is supported by DOB rule 1 RCNY §103-14, which explains how the Department of Buildings enforces the law.

The big takeaway

Article 320 is the primary Local Law 97 compliance pathway for most private buildings. If your building falls under Article 320, you need to:

• Understand your emissions limit
• Track your annual greenhouse gas emissions
• File an annual report with the Department of Buildings
• Have the report certified by a registered design professional
• Reduce emissions if your building is over the limit
• Keep documentation organized
• Plan ahead for stricter 2030 limits

This is not just another “file it and forget it” requirement. Article 320 can directly affect your operating costs, capital planning, and penalty exposure.

Who falls under Article 320?

Article 320 generally applies to most private covered buildings under Local Law 97.

This can include:

• Individual buildings over 25,000 gross square feet
• Two or more buildings on the same tax lot that together exceed 50,000 gross square feet
• Two or more condominium buildings governed by the same board that together exceed 50,000 gross square feet
• Large multifamily buildings
• Commercial buildings
• Mixed-use buildings
• Co-op and condo buildings
• Other private properties that meet the covered building criteria

If you own or manage a large private building in NYC, there is a good chance Article 320 applies. The very first step is confirming whether your building is covered and whether Article 320 is the correct compliance pathway.

Article 320 vs. Article 321

LL97 is broken into different articles because not every building follows the same rules. Here’s the simple version:

• Article 320 applies to most covered private buildings.
• Article 321 applies to certain affordable housing properties and houses of worship.
• Article 320 focuses on annual greenhouse gas emissions limits.
• Article 321 may offer alternative compliance pathways, including prescriptive energy conservation measures.

Same law. Different route.

What does Article 320 require?

Article 320 requires covered buildings to comply with greenhouse gas emissions limits. Building owners must report their annual emissions to the Department of Buildings. The report must be certified by a registered design professional, such as a licensed engineer or architect.

For Article 320 buildings, owners generally need to:

• Calculate annual greenhouse gas emissions
• Compare emissions against the building’s applicable limit
• File an annual emissions report with DOB
• Certify the report through a registered design professional
• Take corrective action if emissions exceed the limit
• Maintain supporting documentation
• Prepare for stricter emissions caps in future compliance periods

The first compliance period began in 2024, and the emissions limits become more strict in 2030. That means a building that is compliant today may not stay compliant forever.

What is the Article 320 reporting deadline?

Article 320 covered buildings must file an annual greenhouse gas emissions report with the Department of Buildings. The first report for the 2024 calendar year was due by May 1, 2025. After that, reports are due every year by May 1.

The report must be certified by a registered design professional. This is important because Article 320 is not just about doing the work. It is about proving the work, documenting the numbers, and filing correctly.

What happens if your building is over the emissions limit?

If your building exceeds its Article 320 emissions limit, you may need to reduce emissions or face penalties. Common next steps may include:

• Reviewing your building’s current energy use
• Identifying which systems are driving emissions
• Improving heating system performance
• Upgrading HVAC equipment
• Improving lighting efficiency
• Optimizing controls
• Improving insulation and air sealing
• Upgrading domestic hot water systems
• Evaluating electrification options
• Considering renewable energy where practical
• Creating a longer-term decarbonization plan

The right path depends on the building. A large multifamily building, an office property, and a mixed-use property may all require different strategies. The goal is not to throw money at upgrades randomly. The goal is to reduce emissions in the smartest, most cost-effective way possible.

What are the penalties under Article 320?

Article 320 can carry real financial consequences. If a covered building exceeds its emissions limit, the annual penalty is generally calculated based on how far the building is over its limit.

The maximum annual penalty for excess emissions is calculated by multiplying the building’s excess emissions by $268 per metric ton of CO2e.

There are also penalties for reporting problems, including:

• Failure to file: $0.50 per building square foot, per month
• False statements: fines up to $500,000

In other words, missing the mark can get expensive quickly. As limits tighten in 2030, more buildings may find themselves at risk if they do not plan ahead.

What is Good Faith compliance?

The Good Faith compliance pathway was created to give certain building owners some flexibility during the first compliance period. If an owner can show they are actively working toward compliance, they may be able to avoid or reduce penalties during the 2024–2029 period.

Good Faith compliance may involve:

• Filing required reports
• Staying current with other energy-related laws
• Retaining qualified professionals
• Creating a decarbonization plan
• Beginning work to reduce emissions
• Demonstrating real progress toward compliance

Beware. Good Faith is not a free pass. DOB can still enforce penalties if the owner does not follow through or cannot show meaningful action. Think of it as the city saying, “We’ll give you room to fix it, but we are absolutely keeping the receipt.”

Why Article 320 matters for building owners

Article 320 matters because it turns building emissions into a direct compliance and financial issue. For NYC owners and property managers, this affects:

• Annual reporting obligations
• Operating costs
• Capital planning
• Building systems strategy
• Future retrofit decisions
• Penalty exposure
• Property value
• Long-term compliance planning

Article 320 compliance checklist

If your building may fall under Article 320, start here:

• Confirm whether your building is covered by Local Law 97
• Confirm whether Article 320 applies
• Identify your building’s occupancy type
• Determine your applicable emissions limit
• Gather utility and energy usage data
• Calculate your annual greenhouse gas emissions
• Compare your emissions against the legal limit
• Work with a registered design professional
• Prepare and certify the annual emissions report
• Submit the report to DOB by the required deadline
• Identify whether your building is at risk for penalties
• Review possible efficiency upgrades or operational improvements
• Create a plan for the stricter 2030 emissions limits
• Keep supporting documentation organized

Common mistake: assuming Article 320 is just another filing

Article 320 is not just a reporting rule. It is an emissions-limit law with financial penalties attached. So, if you are on the covered buildings list then yes, you need to file.

While many property owners believe they are on track because they comply with Local Law 84 benchmarking, this is a dangerous misconception. LL84 merely requires you to report your energy data; Article 320 of Local Law 97 penalizes you based on that data.

Article 320 and the 2030 problem

The 2024–2029 limits are only the first phase. The bigger challenge comes in 2030, when emissions limits become stricter. That means some buildings may pass today but fail later if they do not make improvements. Building owners should use the current compliance period to understand their exposure, plan upgrades, and avoid being boxed into expensive last-minute work.