THE GENERAL RULE
From the summary directly:
Local Law No. 88 of 2009 (“Local Law No. 88” or the “Law”) was enacted on December 28, 2009, to require buildings greater than 50,000 square feet to upgrade lighting systems and install electrical sub-meters in tenant spaces by January 1, 2025, to promote energy efficiency in buildings. The law was subsequently amended to include buildings that are 25,000 square feet and larger.
Per the code, covered tenant spaces are defined as:
COVERED TENANT SPACE. (i) A tenant space larger than 5,000 gross square feet (465 m2) on one or more floors of a covered building let or sublet to the same person, or (ii) a floor, of a covered building, larger than 5,000 gross square feet (465 m2) consisting of tenant spaces let or sublet to two or more different persons.
Exception: The term “covered tenant space” shall not include dwelling units classified in occupancy group R-2 or R-3.
This final rule specifically addresses how to report on compliance for lighting upgrades and sub-meter installation in tenant spaces, and penalties for failing to report the same. Reporting is due no later than May 1, 2025 with a professional attestation regarding implementation/inspection for compliance. Penalties for failure to submit a report will be $1,500, issued annually until filed. Penalties for failure to install sub-meters in covered tenant spaces will be $500 for each space, assessed annually until all sub-meters are installed.
You can view the final rule here.
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