Ins-n-Outs of Energy Efficiency Reports

Local Law 87 (LL87) requires an Energy Efficiency Report (EER) once every 10 years for all buildings, unless exempt as described below.

Energy audits and retro-commissioning must be completed before filing the EER. This work can only be done by a registered architect, a professional NYS engineer or a DOB-registered energy auditor.

After the DOB receives the EER, they will send instructions for how to pay the filing fee, which ranges from $145 to $375.

The EER can be deferred for 10 years if the building complies with the New York City Energy Code and is less than 10 years old. The EER deadline can also be extended if a building owner cannot reach the deadline despite good faith efforts, or due to financial constraints. Violations of this local law will result in a Class 2 violation and a $3,000 penalty.

Exemptions for Energy Audits

According to New York City Mayor’s Office of Sustainability, one- to three-family dwellings that are not condominiums—or one- to three-family condos of three stories or less—do not have to comply with this local law.

In addition, no energy audit is required for:

Buildings that have earned a S. Environmental Protection Agency (EPA) ENERGY STAR certification for at least two of the three years prior to filing the EER.
Buildings that have earned the LEED for Existing Buildings certification within four years prior to filing the EER.
Simple buildings (without central cooling or chilled water systems) that complete six out of seven “simple retrofits”:
1. Individual heating controls
2. Common area and exterior lighting in compliance with the NYCECC
3. Low flow fixtures
4. Insulated pipes
5. Insulated hot water tanks
6. Front-loading washing machines
7. Cool roofs

No retro-commissioning is required for buildings that:

Have been certified under the LEED for Existing Buildings rating system within two years prior to filing the EER, and
Have earned both LEED points for Existing Building Commissioning investigation and analysis, and Existing Building Commissioning implementation

EER Deadlines

EERs for covered buildings are due by December 31 of the calendar year with a final digit that is the same as the last digit of the building’s tax block number. The building’s energy audit and retro-commissioning work must be completed prior to filing the EER.

For example, the first EER is due by December 31, 2015, if the last digit of the building’s tax block number is 5.For more information, click here for the NYC website on LL87.

For any additional questions or service inquiries related to EER filings, please contact Milrose's New York City office.