{"data":{"id":"us-nyc/n.y.c.-admin.-code-28-320.6.1","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § 28-320.6.1","heading":"§ 28-320.6.1 Determination of penalty.","body":"In considering the amount of the civil penalty to be imposed pursuant to this article, a court or administrative tribunal shall give due regard to aggravating or mitigating factors including:\n\n1. The respondent's good faith efforts to comply with the requirements of this article, including investments in energy efficiency and greenhouse gas emissions reductions before the effective date of this article;\n\n2. The respondent's history of compliance with this article;\n\n3. The respondent's compliance with the conditions of any adjustment to the applicable building emissions limit, issued by the department pursuant to section 28-320.7;\n\n4. Whether the noncompliance was directly related to unexpected and unforeseeable events or conditions during the calendar year outside the control of the respondent;\n\n5. The respondent's access to financial resources, where the court or administrative tribunal may consider the financial hardship of a building owned by such respondent as evidence of such respondent's access to such financial resources; and\n\n6. Whether payment of such penalty would impact the operations of facilities critical to human life or safety.\n\n(L.L. 2019/097, 5/19/2019, eff. 11/15/2019; Am. L.L. 2019/147, 7/27/2019, eff. 11/15/2019; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)","path":["New York City Administrative Code","Title 28","Chapter 3: Maintenance of Buildings"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"551f06c30140e8a999b3dadd30a7b263511f7bf743e3b54b0a08579c5a94eb34","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-28-320.6","next":"us-nyc/n.y.c.-admin.-code-28-320.6.1.1"},"notice":"GroundRules: Original legal text. Not legal advice."}