We recently received several complaints that new buildings were receiving violations for not filing Energy Efficiency Reports pursuant to Local Law 87. The law, which requires energy efficiency audits and retro-commissioning every ten years, exempts new buildings and substantial renovations for their first decade from filing these Reports. We, in tandem with the New York Energy Consumers Council and the Real Estate Board of New York, filed a request with the Department of Buildings to review and clarify their enforcement practices.
On August 23, 2017, the DOB ruled, via a letter, that after “a thorough review and discussion concerning the original intent of the law, the written language of the law, and clarification of issues related to the industry’s compliance with this law[,]” that “buildings that were issued a First Temporary Certificate of Occupancy within ten years of their assigned year of compliance with Local Law 87/09 will not have to submit an Energy Efficiency Report (EER) or a Request for Deferral in order to comply with LL87/09.” So, this ruling confirms BOMA New York’s and our partners’ understanding of LL87. If you have any questions, feel free to contact BOMA New York Director of Legislation David Avery at daniel@bomany.com.
