Benchmarking


The NYC Benchmarking Law requires annual energy and water consumption data to be submitted for public disclosure annually by May 1st by owners of buildings who meet the criteria outlined in the law. This increases transparency regarding energy and water usage – the first step for building owners and tenants in making their buildings operate more efficiently.

Local Law 133 of 2016 amended the Administrative Code of the City of New York in relation to expanding the list of buildings required to benchmark for energy and water efficiency.  In addition, as of October 31, 2016, the term ‘covered building’ shall not include real property, not more than three stories, consisting of a series of attached, detached or semi-detached dwellings, for which ownership and the responsibility for maintenance of the HVAC systems and hot water heating systems is held by each individual dwelling unit owner, and with no HVAC system or hot water heating system in the series serving more than two dwelling units (also known as ‘garden style’ apartments).

Read Local Law 84: Energy and Water Benchmarking and Local Law 133 of 2016   

 

Compliance

Building owners may assign a representative to work in consultation with the operating staff to benchmark a building’s energy use. Once review is complete, you must electronically enter the data into the EPA’s online tool, Energy Star Portfolio Manager (ESPM), and submit the report to the City of New York. Submission must be made through ESPM using a unique template created for each compliance year. To retrieve a link to the template as well as for other compliance instructions, visit Greener, Greater Buildings Plan (GGBP) website. 

To find out if you are required to benchmark, please review your property tax bill from the Department of Finance for a section called “Greener, Greater Buildings Plan Compliance Notification.” You may also review the Covered Buildings List found on the GGBP website for your borough, block and lot (BBL) number.

If you believe you received a notification from DOF in error and/or find your building on the Covered Buildings List, but don’t think it belongs on it, then contact DOF at Benchmarking@finance.nyc.gov.  DOF will also address disputes regarding your building’s square footage, the number of buildings on a tax lot, or other property information. If you are disputing your property information, please include the following information in your email:

  • Your building’s borough, block, and lot number
  • Your contact name
  • Your contact email address or telephone number
  • The reason you are disputing your building’s property information 

The DOB Rule provides details on compliance with Local Law 84 (LL84/2009). Updates reflecting the expansion of the list of buildings required to benchmark under Local Law 133 (LL133/2016) will be available at a later date.

Read Local Law 84: Benchmarking Rule

 

Violations for Non-compliance

The Department may issue a Notice of Violation to any property on the Covered Buildings List that has not provided a benchmarking report by the May 1 deadline. Failure to submit a Benchmarking report by May 1 will result in a penalty of $500.00. Continued failure to report usage by the next quarterly deadline will result in additional violations penalties of $500 per violation, up to $2000 per year.

Important Dates:

May 1 1st Deadline
August 1 2nd Deadline
November 1 3rd Deadline
February 1 Last Deadline


Challenging Violations

If you believe a violation was issued in error, you may submit a Benchmarking Violation Challenge Form. This form must be sent to the DOB within 30 days of the violation’s postmark. Email it to sustainability@buildings.nyc.gov.

If you do not have access to email, please mail challenges to:

NYC Department of Buildings
Attn: Sustainability Enforcement Unit - LL84
280 Broadway 3rd Floor
New York, NY 10007

To follow up on a challenge, please call the (212) 393-2574.

Documentation substantiating a challenge must accompany the challenge form. A challenge may include, but is not necessarily limited to, one of the following:

  1. Proof from the Department of Finance that the building in question is not a covered building as defined in NYC Administrative Code §28-309.2;

  2. Proof of timely benchmarking as indicated by a confirmation email from the U.S. Environmental Protection Agency’s Portfolio Manager that includes a date-stamped copy of data released to the city;

  3. Proof that the building was demolished, or was a new building with a NB permit and has not yet obtained a first TCO;

  4. Certification to the Department by a registered design professional (use this Form) where real property is not more than three stories, consisting of a series of attached, detached or semi-detached dwellings, for which ownership and the responsibility for maintenance of the HVAC systems and hot water heating systems is held by each individual dwelling unit owner, and with no HVAC system or hot water heating system in the series serving more than two dwelling units; or

  5. Where an Owner is a subsequent bonafide purchaser for the year in question, the Department requires the following documentation:

    1. Copy of the deed

    2. Notarized affidavit stating that there is no relationship between the previous Owner and the subsequent bonafide purchaser.  If the subsequent bonafide purchaser is an entity, the affidavit must be on the entity’s letterhead and signed by the Owner or an officer of the entity. The affidavit must include:

      1. The name of the subsequent bonafide purchaser

      2. The location of the property

      3. A statement that the subsequent bonafide purchaser did not receive the property as a gift

      4. A statement that the subsequent bonafide purchaser had no interest or relationship with the prior owner at the time of purchase; and

      5. A statement that the subsequent bonafide purchaser is not acting in any way for the benefit of the prior Owner.

 

Resolving Violations

Pay the penalty for failure to file the Benchmarking Report by either certified (bank) check or money order payable to NYC Department of Buildings for the penalty amount stated, as per Title 1 of the Rules of the City of New York §103-06(l).

Mail your payment to:
NYC Department of Buildings
Attn: Sustainability Enforcement Unit - LL84
280 Broadway, 3rd Floor
New York, NY 10007

Please include a copy of the violation in your mailing. 

The status of a violation challenge can be found online by using the Department’s Building Information System at any time.  To follow up by email, please send inquiries to sustainability@buildings.nyc.gov with the building’s BBL, BIN, address and violation number. 

 

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