Local Law 33 of 2018 - Energy Efficiency Score

What Is Local Law 33 of 2018?

Per the Department of Buildings, Energy Efficiency Scores (and labels detailing those scores) are now available for buildings on the Covered Buildings List.

Scores can be found for each building here in DOB NOW. Just scroll to the bottom of the page, and click on “Get Your Energy Efficiency Rating” to access the score and label for your building.

Once you have the label, you’ll need to post it “in a conspicuous location near each public entrance to such building.” 

Per the DOB's Service Notice update, failure to post the label may result in a civil penalty of $1,250.

As a reminder, this regulation applies to all buildings on the Covered Buildings List – generally, buildings over 25,000 square feet – or multiple buildings on a lot that total 100,000 square feet or more. The posted labels will have to be updated with each year’s grade and score and re-posted by 10/31 annually.

How Do I Challenge An Energy Grade Violation I Received?

If you believe that you received a violation in error, you may challenge it. The challenge request form must be submitted to the Department within 30 days of the Notice of Violation postmark. The challenge request form is accessible in the DOB NOW portal. You will need to have previously created an account in eFiling to log into DOB NOW. To challenge an EGRADE violation, follow the instructions included in the DOB NOW: Safety - Local Law 33 of 2018 guide.

The challenge request may include, but is not necessarily limited to one of the following:

1. For requests related to the label printing issues, provide correspondence related to the issue, screenshot of outage, and email sent to the Department of Buildings within 30 days of Oct 31st to notify the Department of the issue;
2. For properties exempt from benchmarking requirements, submit an email from the NYC Department of Finance or Department of Buildings with the confirmation of exemption;
3. If the label was temporarily removed, provide photographic proof of display and the reason for removal;
4. If the label was posted (Violation incorrect), provide photographic proof of the display and description of the entrance(s) location.

There are more details on placement, and answers for specific building questions in the DOB’s FAQ Guide attached to the bottom of this article.

What kind of property is not eligible for an ENERGY STAR score?

Properties not eligible for an ENERGY STAR score will receive an “N” grade. “N” grade buildings (buildings exempted from benchmarking or not covered by the Energy Star program) are not subject to the posting requirement.

Buildings exempted from benchmarking or not covered by the Energy Star program:

• Multifamily buildings with less than 20 units, enclosed parking, or other property types that are not eligible to receive a 1-100 ENERGY STAR Score
• Some mixed-use buildings; a multi‐use property can receive the ENERGY STAR Score, but these two conditions apply:
  - Seventy‐five percent (75%) of the property's Gross Floor Area (GFA) must be comprised of property types that are eligible for an ENERGY STAR Score; and
  - More than fifty percent (50%) of the GFA must be comprised of one eligible property type (excluding parking)
• Buildings that contain a data center, television studio, and/or trading floor that together exceed ten percent of the GFA