Building & buying · New York's All-Electric Buildings Act
Can you still put propane or gas in a new house in New York?
For now, yes. The state's ban on gas and propane in new low-rise buildings has been on hold since November 2025 while the gas industry's lawsuit runs its course. The October 28, 2026 date being repeated almost everywhere doesn't match the court record. And existing houses were never covered.
By Ryan Rooney · Published 13 October 2026 · Last checked 13 October 2026 against the state's court stipulation of 12 November 2025, the appeal's docket and the statute
Is New York's ban on gas and propane in new homes in effect?
Not yet. The All-Electric Buildings Act (Energy Law §11-104) bars equipment that burns fossil fuel, including propane, in most new buildings of seven stories or less. On 12 November 2025 the state agreed in federal court to suspend the building-code rules that put it into effect while the gas companies' appeal plays out. As of 13 October 2026 that suspension is still running.
Does it take effect on October 28, 2026?
Probably not. That date is 120 days after the appeals court's 30 June 2026 decision. But the state's agreement starts its 120-day clock from the court's mandate, the formal order that closes an appeal, not from the decision. The court denied rehearing on 26 August 2026, and federal appeals rules normally issue the mandate seven days after that. If that's what happened, and nobody goes to the Supreme Court, the pause ends around 31 December 2026. I have not seen the mandate itself, so treat that date as my reading of the record, not a confirmed one.
Could it be later than that?
Yes. The gas companies have until 24 November 2026 to ask the Supreme Court to take the case. If they do, the pause runs until 120 days after the Court turns them down, or 120 days after it decides the case.
Does it affect existing homes?
No. The statute says the ban does not apply to buildings that existed before it took effect, and that covers repairing, replacing or adding on, and keeping fossil-fuel equipment in use.
Why this matters more in Ulster and Dutchess than the headlines suggest
Most of the coverage is written from New York City, where the city's own version of this rule has applied to new low-rise buildings since January 2024. Up here the stakes are different.
Much of the rural Hudson Valley has no gas line. Central Hudson serves about 315,000 electric customers but only about 90,000 natural gas customers. So on a country road, a new house has always come down to propane, oil or a heat pump. If the ban takes effect, propane and oil come off that list for new construction, and a heat pump is what's left.
Timing matters too. Building on raw land here is a long road: septic approval, design and permits all come before construction. Someone buying land this fall may not file for a building permit until well into 2027, when the rule may well be in force.
What the law covers, and what it doesn't
- Covered: new buildings of seven stories or less, then all new buildings after 31 December 2028. The ban reaches equipment that burns fossil fuel: natural gas, propane and heating oil, in furnaces, boilers, water heaters and other appliances.
- Exempt by statute: emergency back-up and standby power, so a propane standby generator is still allowed. Also manufactured homes, agricultural buildings, and certain commercial and institutional uses such as commercial kitchens, laboratories, laundromats, hospitals and critical infrastructure.
- The grid exception: the statute requires an exemption where electric service "cannot be reasonably provided by the grid," and the Public Service Commission decides what counts as reasonable. Don't plan a build around getting this one.
- Existing buildings: not covered, including renovations, additions and replacing the equipment you already have.
One thing I could not settle: under the code rules as written, coverage turned on the date a building permit application was filed, on or after 31 December 2025. When the pause ends, the state has to set a new effective date, and how it treats applications already in the pipeline isn't something I've seen in writing yet. That question decides whether a house in design today is caught, so ask your town's code enforcement officer and get the answer in writing.
The timeline, from the record
| Date | What happened |
|---|---|
| 2023 | The All-Electric Buildings Act becomes law as Energy Law §11-104, with a start date of 31 December 2025 for new buildings of seven stories or less. |
| 1 Oct 2025 | The state building-code amendments that enforce it (19 NYCRR §1240.6 and Subpart 1229-2) are published in the State Register. |
| 12 Nov 2025 | In the gas industry's lawsuit, Mulhern Gas Co. v. Mosley, the state and the gas companies file a stipulation suspending those code rules until the appeal and any Supreme Court petition are resolved. |
| 30 Jun 2026 | The Second Circuit Court of Appeals upholds the law, holding that federal energy law doesn't preempt it. |
| 28 Jul 2026 | The gas companies ask the full Second Circuit to rehear the case. |
| 26 Aug 2026 | Rehearing denied. |
| 24 Nov 2026 | Deadline to petition the Supreme Court, 90 days after the denial. Pending. |
| ~31 Dec 2026 | Earliest likely end of the pause if no petition is filed: 120 days after a mandate that would normally issue seven days after the rehearing denial. My estimate; the mandate date is unconfirmed. |
If you are planning to build
- Price an all-electric design either way. Heat pump heating and hot water, and a panel big enough to carry them. Then a change in the law doesn't send you back to the architect.
- Ask your code enforcement officer, in writing, which date and which filing decide whether your house is covered once the pause ends.
- If you want propane for backup, a standby generator is exempt under the statute.
If you want gas or propane, an existing house is the simple route
This is the part most coverage skips. The ban only applies to new buildings. An existing house that already has a gas range, a propane furnace or an oil boiler can keep it, repair it and replace it, and you can add on to the house without triggering the ban.
So if cooking on a flame or a propane-heated farmhouse is on your list, buying one that already has it is a lot simpler than building one. That's a search I can set up for you, filtered to the fuel type, in the towns you're considering.
How this page stays current. I'll update it when the 24 November Supreme Court deadline passes, and again when the state announces a new effective date. Changes get logged here rather than made silently.
Change log
13 October 2026: page published.
Buying land to build on? Start with what to check before buying land in Ulster County or Dutchess County's septic rules, and see how long the whole build takes, stage by stage.
Want gas or propane? Find one that already has it
Tell me the towns you're considering, your budget, and whether it's gas cooking, propane heat or both that you're after. I'll set up a search for existing homes that already have it and tell you honestly what that budget reaches.
Ryan Rooney is a Licensed Real Estate Salesperson with Stevens Real Estate at eXp Realty, serving Ulster County and Dutchess County, New York. Born and raised in New Paltz. (845) 447-9274 · rrooney@stevensre.com
Sources, all checked 13 October 2026: NY Energy Law §11-104; Stipulation, Mulhern Gas Co. v. Mosley, No. 1:23-cv-01267 (N.D.N.Y.), filed 12 November 2025; Second Circuit opinion, Nos. 25-977 and 25-2041, 30 June 2026, as posted by the NY Department of State; docket summary at the Sabin Center's Climate Case Chart (rehearing petition 28 July 2026, denied 26 August 2026); Federal Rule of Appellate Procedure 41(b) (timing of the mandate); Supreme Court Rule 13 (90 days to petition); Central Hudson's service territory page; Phillips Lytle client alert of 5 August 2025 and the Town of Washington Building and Zoning Department's summary, on propane coverage and the permit-application trigger. I'm a real estate salesperson, not a lawyer. This page reports the public record for general information. It is not legal advice, and building rules change. Confirm what applies to your project with your town's code enforcement officer.