Emission Impossible: Challenging the Imposition of New York City’s Local Law 97

Authors

Daniel LoPiccolo

First Page

399

Abstract

New York City’s Local Law 97 was passed by the City Council in 2019 with the goal of reducing citywide carbon emissions. The law imposes civil penalties on property owners whose buildings fail to comply with carbon emissions limits stipulated by the city. While the law admirably aims to minimize New York’s carbon footprint, its present burden is excessive and disproportionate to the offense committed, making the cost of affording lower and middle-class housing units increasingly untenable for many New Yorkers, especially for property owners in co-op and condo communities. Many such as Glen Oaks Village Owners, Inc., the plaintiffs in a civil suit against the city’s law, find themselves stuck between paying millions of dollars for eco-friendly retrofits or incurring millions of dollars in civil penalties under Local Law 97, with no realistic recourse. While the law imposes an undue burden on property owners and is legally excessive, a facial challenge to its constitutionality is unlikely to succeed. However, with an amendment by the City Council that accounts for both environmental and economic realities, Local Law 97 could be recalibrated to continuously decrease carbon emissions while also imposing a more tolerable burden that meets the affordability needs of New Yorkers.

Recommended Citation

Daniel LoPiccolo, Emission Impossible: Challenging the Imposition of New York City’s Local Law 97, 19 Brook. J. Corp. Fin. & Com. L. 399 ().
Available at: https://brooklynworks.brooklaw.edu/bjcfcl/vol19/iss2/4