Benchmarking
Local Law 84-09 Energy and Water Benchmarking requires annual benchmarking data to be submitted by owners of buildings with more than 50,000 square feet for public disclosure by May 1st of every year. This will bring transparency for energy and water usage and inform building owners and tenants on how to make their buildings more efficient.
Important Dates:
| May 1 | 1st Deadline |
| August 1 | 2nd Deadline |
| November 1 | 3rd Deadline |
| February 1 | Last Deadline |
Read Local Law 84: Energy and Water Benchmarking
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
DOB has published a set of rules to provide details on compliance with Local Law 84 (LL84).
Read Local Law 84: Benchmarking Rule
Violations for Non-compliance
Building owners are required to perform annual analyses of their property’s total energy use must submit Benchmarking Reports as outlined in Local Law 84/2009. Failure to submit Benchmarking reports will result in a penalty of $500.00. Continued failure to report required usage will result in additional violations on a quarterly basis and additional penalties of $500.00 per violation, up to $2000 per year.Buildings that meet any of the following characteristics must submit Benchmarking reports:
- Buildings greater than 50,000 gross square feet; or
- A tax lot that contains two or more buildings that, together, exceed 100,000 gross square feet; or
- Two or more buildings held in a condominium form of ownership that, together, are larger than 100,000 gross square feet.
Challenging Violations
If you believe a violation was issued in error, you may submit a Benchmarking Violation Challenge Form. This form must be mailed to the Department 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 it 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 Challenge Hotline at (212) 393-2574.
Note: Eligible properties are determined solely by records obtained from the NYC Department of Finance. Property owners who believe they have received a violation in error because their building does not meet the criteria for Benchmarking should email Benchmarking@finance.nyc.gov. Please include: the building(s) borough, block and lot numbers, reason for dispute with the correct square footage; and a contact name/ telephone number.
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.
To follow up on a payment that was mailed in, you may review the status of your violation on BIS at any time. If you wish to follow up by email, please send a message to sustainability@buildings.nyc.gov with your building’s BBL, BIN, address and your violation number.