The End of the Solar Affordability Exemption for All New NYC Roofs

A Canopy System in NY source: PV Magazine

In October 2019, New York City Department of Buildings passed Local Law 92 & 94, requiring either green roofs or solar PV on a wide range of NYC buildings. This includes all new buildings, new roofs resulting from enlargement of existing buildings, and existing buildings replacing an entire existing roof deck or roof assembly. The Law provides an affordability exemption until November 15, 2024. After that date, affordable housing will be subjected to the same requirements as the rest of NYC buildings’ stock. As a result of that change in regulation, HPD will no longer require Solar Feasibility Analysis (Solar Where Feasible) on new construction projects as of July 1st, 2024.

Local Law 92/94 Requirements 

If you are an affordable housing developer or provider, you will need to comply with LL92 and 94 by the end of 2024 by implementing a “sustainable roofing zone” on your roof, 100% of which must be a solar photovoltaic electricity generating system, a green roof system, or a combination of both.  Some roof areas may  be exempted from this required sustainable roofing zone. For example, areas required to be set aside for setbacks, access by FDNY, or are occupied by obstructions or recreational spaces will be exempt. Moreover, pitched roofs that accommodate less than 4 kW of solar electricity generating capacity or cannot withstand additional weight of a sustainable roofing zone are exempted. 

Additionally, depending on your roof slope, there are specific requirements as outlined down below:

Compliance path for sustainable roofing zone pursuant to LL 92 and 94 of 2019       source: NYC DOB

The Solar Opportunity in NYC

Despite the end of the affordability exemption, installing solar panels in New York City represents a tremendous opportunity for your properties:  

  1. Energy Savings and Long-term Financial Benefits

    In many cases, we are seeing short payback periods thanks to local, state, and federal incentives.  The Inflation Reduction Act is offering a 20% tax credit bonus for properties covered by a federal affordable housing program and NYSERDA is providing $1.60/Watt grant for affordable housing. Moreover, there is a 30% property tax abatement for NYC properties. The NYC incentives’ landscape makes investing in solar highly valuable to ownership and their tenants. 

  2. Green Electricity and Energy Security

    Investing in solar means reducing the use of fossil fuel energy and avoiding price hike energy costs. Your building’s common charges can be offset by your solar system, creating benefits to your properties and participating in its resiliency efforts. 

  3. Canopy System

    In 2023, the city of New York passed the City of Yes amendment altering its building code and allowing that 100% of a roof be covered with a canopy system. Canopy systems are the most efficient solar systems, can easily cover your whole common electricity usage, and provide rooftop shade. A building can maximize its efficiency and improve common use spaces when used together with a green roof.

How can we help? 

At Crauderueff Solar, we have years of experience helping affordable housing providers install solar panels. The current incentives’ landscape makes investing in solar energy highly valuable to your tenants and community. We are determined to help you structure your project to achieve the highest level of benefits to your property!