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Local Law 84 - Benchmarking

Matt F.
  • Updated

Local Law 84 Benchmarking

Owners of buildings 25,000 square feet and up (formerly 50K square feet and up; the threshold was lowered in 2018) are required to file information about energy usage annually through the online Energy Star Portfolio Manager tool.  These are known as “covered buildings.”

Reports are due by May 1st for the previous year (e.g., file 2018 in 2019), with additional quarterly deadlines for those who missed the initial due date.

How do I comply with LL 84? 

Check the Covered Buildings List for your property every year. 

  1. Set up an account in ENERGY STAR Portfolio Manager® if you do not have one. 

  2. Enter or review building characteristics and uses. 

  3. Collect whole-building energy data (and water data, if required) from utilities. 

  4. Record your energy and water usage in Portfolio Manager®. 

  5. Confirm and enter BBL and BIN information. 

  6. Check your data for errors and completeness. 

  7. Submit usage data to the City by May 1 through Portfolio Manager®. 

Beginning with the May 1, 2016 compliance deadline, submitted reports with one or more missing or inaccurate data fields will be considered non-compliant and will receive a warning in the form of a Notice of Data Inaccuracy. Failure to submit a corrected report prior to the next quarterly deadline will result in a violation for each period of non-compliance.

See the full DOB service update here

What are the deadlines for filing a benchmarking report? 

1st Deadline: May 1  

2nd Deadline: August 1  

3rd Deadline: November 1  

4th Deadline: February 1 - Following Year 

Each deadline carries a violation and a $500 penalty, which can total $2,000 for the year. These are typically seen as BENCH- BENCHMARKING violations issued from the DOB.

How do I resolve a Benchmarking/BENCH violation? 

To pay a benchmarking violation penalty, log into eFiling at www.nyc.gov/dobefiling and select Express Cashier Payments, Other Fees, and Benchmarking Violation Fees. Payment can be made by eCheck or credit card, which includes a 2% service charge.

If you need to create an eFiling account, visit www.nyc.gov/dobnowtips.

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 violation number. 

I filed a benchmarking report for my building, but I still received a violation. 

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.

UPDATE: Per a June 2017 phone call with the Benchmarking Challenge hotline, challenges for a violation can be accepted up to the next cycle date. For example, Challenges for violations marked Feb 1. can be accepted before the next May 1 quarterly date, unlike the 30 day period stated on the form.

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, the reason for the dispute with the correct square footage; and a contact name/ telephone number.
You can access the benchmarking challenge form here

I don’t think my building needs to submit this, but it’s on the covered buildings list. How can I fix it?

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

How do I look up my building’s NYC Energy Star Score & Water Performance?

Reports are published by the DOB’s Benchmarking Division below: 
https://www1.nyc.gov/html/gbee/html/plan/ll84_scores.shtml 

You can also use the below Map Search function (which presents the data in a user-friendly way) 

https://benchmarking.cityofnewyork.us/#/ 

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