An Energy Audit is a survey and analysis of energy use in a building with the purpose of identifying opportunities to reduce the amount of energy consumed without negatively affecting the operations. Retro-commissioning is the process of ensuring that the energy systems in an existing building are installed as per the design intentions, functionally tested, and capable of being operated and maintained, according to the owner’s operational needs.
Applicable commercial, mixed-use and residential buildings must submit an Energy Efficiency Report (EER) once every ten years. Owners are obligated to submit their EER in the calendar year in which the last digit of the year coincides with the last digit of the building’s tax block number.
Energy Efficiency Reports may now be submitted. Please consult the Service Notice for details. Submittals should be sent to LL87@buildings.nyc.gov.
Energy Audit Template Tool:
U.S. Department of Energy’s Asset Score Audit Template
Select Audit Template once logged in
On the right of your screen, Select Audit Report and NYC Energy Efficiency Report
The NYC Department of Buildings (DOB) will now be utilizing this U.S. Department of Energy’s Asset Score Audit Template as the Energy Audit Data Collection Tool for LL87/09 energy audit reporting requirements.
To access the audit template, please follow the following four steps:
The Quick Start Guide is a resource available to help users understand the process of using and submitting the Audit Template.
Retro-Commissioning Reporting Tool
Note: The Excel based Retro-Commissioning Tool (above) must be submitted for buildings submitting in 2020 and onward.
(If the Department has granted permission to submit in 2020 or onward using the previous 2012 Rule, submit the older version of the Retro-Commissioning Tool which may be requested by sending an email to LL87@buildings.nyc.gov).
Failure to submit an EER is a Major (Class 2) violation which may result in a penalty of $3000 in the first year and $5000 for each additional year until the EER is submitted to the department. The Department will not accept any outstanding EER submission if outstanding penalties are not paid in full.
Local Law 87 of 2009 requires owners of applicable, mixed-use and residential buildings to submit an Energy Efficiency Report (EER) once every ten years. Non-compliance is subject to DOB violations.
Buildings that meet any of the following characteristics – based exclusively upon ownership information records of the NYC Department of Finance – must submit an EER:
If you believe your property is erroneously listed on the Covered Buildings List, contact DOF at benchmarking@finance.nyc.gov to dispute any of the following: square footage of the building, number of buildings on a tax lot, ownership, address or mailing information. Please include the following in the email:
borough, block, and lot number of the building
contact information: name, email address or/and telephone number
reason for dispute.
Additionally, a Request To Update (RTU) property’s Gross Square Footage form may be submitted via the NYC Department of Finance online portal for the following reasons:
If a building owner believes the property is erroneously listed on the LL84/LL133 (Benchmarking) or the Local Law 87 (Energy Audits and Retro-commissioning) Covered Buildings List (CBL); or
If there is an issue with the data on the CBL for the property, resulting in a discrepancy with the submission.
To access the online form, please follow the steps below:
Log into the portal using your NYC.ID account credentials (create a new account, if necessary).
Select the RTU form that corresponds with the appropriate tax class (2 or 4) for your property. The tax class can be found under the Property Info section for the BBL (Borough, Block and Lot) number at www.nyc.gov/nycproperty.
Input your borough, block, and lot numbers to verify your property and update the RTU form. Gross Square Footage is Line 5 on the form and you should input what you believe is most accurate for your property.
It is encouraged, but not mandatory, to have an architect’s letter submitted with the completed RTU to provide an official document for the DOF’s assessor to work with.
When you file an RTU online, you will receive a confirmation receipt for your records.
Note: Determinations regarding submitted RTUs are made exclusively by the Department of Finance
Local Law 87 of 2009 allows building owners otherwise required to submit an Energy Efficiency Report (EER) by December 31 to defer their filing. The deadline to file the Application to Defer Filing an Energy Efficiency Report is December 31.
Deferrals are permitted when an applicant can demonstrate that the property meets current New York City Energy Conservation Code (NYCECC) requirements.
To be eligible for a deferral, a building must meet one of the following qualifications:
The building is less than 10 years old (at the commencement of the first calendar year it is due to comply) and all base building systems comply with the NYCECC
The building has undergone substantial rehabilitation (as certified by a registered design professional) within the ten year period prior to the assigned calendar year in which the report is due. At the start of such calendar year, all base building systems must be in compliance with the NYCECC in effect for new buildings constructed on or after July 1, 2010 or in effect on the date of such substantial rehabilitation, whichever is later.
Email questions to LL87Questions@buildings.nyc.gov.
All individuals performing or supervising the Energy Audit and Retro-commissioning studies for inclusion in an Energy Efficiency Report must be either a registered design professional (a Professional Engineer or Registered Architect licensed in the state of New York) with the appropriate qualifications for Energy Audits or Retro-commissioning services.
Individuals performing energy audits and retro-commissioning CANNOT be on the staff of the building being audited or retro-commissioned.
Email questions to LL87Questions@buildings.nyc.gov.
Filing Type |
Fee |
Initial filing (EER/Deferral) | $375.00 |
Extension request | $155.00 |
Amendments | $145.00 |
Local Law 87/09 Rule Amendment Only §3 and §10 of the rule go into effect on 8/4/19. The rest of the rule is effective 1/1/20