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01. 27. 2017

How to Comply With Local Law 87 New York City

 

How to Comply with New York City Local Law 87 

local law 87 covered buildings

Local Law 87 Covered Buildings:

The Local law 87 (LL87) of New York City mandates all buildings over 50,000 gross square feet undergo periodic energy audits and retro-commissioning measures. This is in accordance with the Greener, Greater Buildings Plan (GGBP). The reason this law is enforced is to inform building owners about their energy consumption via energy audits which survey and analyze the use of energy and also retro-commissioning which is the process of ensuring correct equipment installation and performance.

In addition to local law 84 benchmarking of annual energy and water consumption, energy audits and retro-commissioning provide owners a very robust understanding of the buildings performance, thereby helping shift the market towards more efficient and high performing buildings.

The tasks that fall under NYC LL87 Include:

  • Determining if a building needs to comply and what year it is due.
  • Conduct an energy audit and retro-commissioning of base building systems and complete an Energy Efficiency Report (EER) electronically.
  • Submit the EER once every ten years to the city by December 31st.

The retro commissioning information includes:

  • Basic team information General building information
  • Existing equipment inventory
  • Energy and Use breakdown
  • Energy conservation measures identified from the audit
  • Retro-commissioning measures

 Local Law 87 Requirements

  • All buildings over 50,000 square feet, or multiple buildings on a single lot that combined are over 100,000 square feet.
  • Information must be submitted in an Energy Efficiency Report (EER).
  • Buildings must submit an audit and retro commissions every 10 years.
  • The year you must comply is determined by the last digit of your last block number. For example, a property with the tax block number “7” is due to file by December 31, 2017. For a full list by tax block number, find it on the NYC Covered Buildings Page.

Sample Local Law 84 and Local Law 87 Mail Notice:

local law 87 extension

 

Local Law 87 Extension

Time extensions are available for LL87 if  the building is unable to compete the energy audit and retro commissioning due to good faith efforts. A property can also qualify for an extension if the building is suffering financial hardship. An extension request for LL87 is $155. The request for extension must be filed by October 1st of the year the report is due. 

Local Law 87 rules for financial hardship include: 

  • Has property taxes in arrears within 2 years prior to filing of EER on the DOF’s annual New York City tax lien sale list
  • Is exempt from real property taxes pursuant to sections 420-a, 420-b, 446 or 462 of the real property tax law
  • Has outstanding balances under the Department of Housing Preservation and Development’s Emergency Repair Program that resulted in the property’s inclusion, within 2 years prior to filing of EER, on the DOF’s annual New York city tax lien sale list
  • Has an active or effective commitment letter from a governmental agency that provides for the financing of the rehabilitation, within a period of 5 years or less, for the purposes of affordable housing for low or moderate income families

Local Law 87 Tips

  • Submit forms via email to: LL87@buildings.nyc.gov
  • Payments must be mailed to the Department of Buildings. The filing fee is $375. An amendment is $145. Forms will not be evaluated until payment is received by the Department of Buildings.
  • Make sure you file! Failure to comply with LL87 is subject to a $3000 fine the first year and $5,000 for each additional year.
  • Local Law 87 does not require property owners to implement recommendations.
  • Maintain records for 11 years from the required submission date.

Where Can I get help?


If you have compliance questions and need help, direct inquiries to the local law 87 email: LL87@buildings.nyc.gov

Another good resource is the NYC Retrofit Accelerator. The Accelerator was started by the City of New York to help building owners reduce operating costs and increase sustainability. The accelerator offers free, personalized services that will connect you with qualified contractors and help find incentives and financing to help pay for upgrades.

If you believe your building should or should not be on the list, email the New York City Department of Finance at: benchmarking@finance.nyc.gov. Things to include:

  • The building borough, block, and lot numbers
  • Contact Name
  • Contact email address or telephone number
  • Reason for dispute with your correct square footage
  • If you have other questions about local law 87, email: LL87Questions@buildings.nyc.gov

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