Last verified: August 22, 2026. By Will Tygart. For co-op and condo boards and managing agents. Counsel and a Registered Design Professional (RDP) finalize. Not legal advice.
Boards hear “pathway” folklore in hallways. Article 320 and Article 321 are not vibes. They are different legal tracks with different evidence, different reports, and different failure modes. This tree forces questions before anyone votes.
Most market-rate co-ops and condos over the size threshold are Article 320 buildings. Article 321 is the lighter, more prescriptive track for certain affordable housing, buildings with more than 35% rent-regulated units, and houses of worship. Confirm which track you are on against DOB’s Covered Building List — do not take it from a group-chat rumor.
Coverage first (if you are not covered, stop)
NYC Accelerator’s working test: buildings over 25,000 gross square feet; two or more buildings on the same tax lot that together exceed 50,000; or two or more condo buildings governed by the same board of managers that together exceed 50,000. Square footage comes from Department of Finance records (BBL / BIN). Penalties apply at the BIN.
What the two articles actually are
|
Article 320 |
Article 321 |
| Who it usually covers |
Most private / market-rate covered buildings |
Certain affordable housing, buildings with more than 35% rent-regulated units, houses of worship |
| The obligation |
Annual carbon cap on building emissions from energy use |
Either complete a one-time list of 13 prescriptive energy conservation measures, or meet the building’s 2030 carbon limit |
| Over-cap math |
$268 per metric ton of CO2e over the limit for that year |
Different (prescriptive / alternate) reporting and enforcement — do not import 320 penalty folklore |
| Official DOB guides |
Article 320 information guide (market-rate) |
Article 321 filing guide (affordable housing and houses of worship) |
HDFC co-ops are commonly treated as Article 321. Ordinary market-rate co-ops and condos are commonly Article 320. Mixed buildings need a rent-roll analysis, not a slogan.
Step 0 — facts packet before the vote
- Covered building? GFA / aggregate rules checked against the Covered Building List
- Rent-regulated share estimate with a source (rent roll, not memory)
- Dual-period calculator output if you are on (or might be on) 320
- Filing status this cycle — May 1 / June 30 / $60 extension to August 29, 2026
- Capital reserve capacity
Step 1 — are you choosing a special compliance pathway?
If no: you are in Article 320-style emissions-limit planning. Fund intensity work. File on time.
If yes: continue with counsel on Article 321 / alternate-pathway eligibility. Do not skip the annual file while you “study the pathway.”
Step 2 — eligibility screen (yes/no with evidence)
| Question |
Evidence |
| Does rent-regulated share meet pathway thresholds? |
Rent-roll analysis |
| Can we implement required measures on the timeline? |
Engineering memo |
| Do we understand reporting differences? |
RDP memo plus the matching DOB guide |
| Can we afford non-compliance if the pathway fails? |
Reserve study |
Step 3 — decision outcomes
- A. Stay on the emissions-limit path — retrofit, use allowed offsets / credits as written, file on time
- B. Pursue the alternate pathway — minute the rationale, budget the measures, assign owners
- C. Hybrid time plan — near-term filing discipline plus a medium-term pathway study. Do not miss filing while studying.
Step 4 — board resolution
Use the board resolution checklist. Pathway choice must be an exhibit, not a vibe. The live co-op and condo playbook is still the longer 2026 operating guide.
Related on BCESG
Primary sources this pass: NYC Accelerator LL97 (Article 320 vs 321, 13 ECMs, 2026 extension), NYC DOB LL97 page and Article 320 / 321 filing guides.