Local Law 87/09: Process to Comply for New Buildings and Buildings Undergoing Alterations Local Law 87/09 requires owners of applicable, mixed-use and residential buildings to submit an Energy Efficiency Report (EER) once every ten years. Owners must submit their EER in the calendar year coinciding with the last digit of the building’s tax block number. For new buildings (NBs) with a First Temporary Certificate of Occupancy that is less than ten years old at the time the building is due to comply with Local Law 87/09, owners do not need to submit an EER or a Request for Deferral. For existing buildings that are undergoing Type 1 Alterations (Alt-1), owners must submit a Request for Deferral and proof of compliance with the NYC Energy Code (NYCECC) that was in effect at the time of application approval of the alteration. Proof of compliance must include all lesser and included permits affecting base building systems. For buildings that are undergoing Type 2 (Alt-2) and Type 3 (Alt-3) alterations, which are causing difficulty with compliance during the year in which they are due, owners should submit an extension request. Extension requests are due by October 1st. The due date for the property would then be extended by one year. Up to two extensions may be granted.

Local Law 87 final rule

Local Law 87 final rule

As part of New York City’s Greener, Greater Buildings Plan, Local Law 87 requires buildings greater than 50,000 square feet to undergo energy audit and retro-commissioning every 10 years starting in 2013. 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 of Buildings will not accept any outstanding EER submission if outstanding penalties are not paid in full.

The compliance deadline year is determined by the last digit of the building’s tax block number. If the block number ends in ‘3’ that indicates the report is due in 2013, similarly a number ending in ‘4’ would indicate 2014, and so on. After filing the initial report on the designated due date, Local Law 87 NYC requires that the building files an energy efficiency report every 10 years.

As the leading providers of energy code compliance service, we have helped hundreds of buildings comply with Local Law 87. We know the law’s requirements inside-out, and have a long track record of providing cost-effective yet meaningful building improvements.

local law 87

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