 Building Owners’ Guide to NYC Sustainability Law Compliance
All the Local Laws that have become more streamlined after being absorbed into the Climate Mobilization Act ask the building owners to pay close attention, as many will be implemented in 2022—some freshly and some with amendments.
See below for all the laws with impending deadlines this year:-
1. Local Law 154 of 2021
This law limits various emission profiles, especially combustion at 25 kgs of carbon dioxide per million British thermal units of energy. Implementation of Local Law 154 is phased over several years: By January 1, 2024, all new buildings under seven stories must comply, while those over seven stories have until July 2, 2027. Certain exceptions exist for affordable housing and specific facilities like hospitals and commercial kitchens, which may still use fossil fuels under defined circumstances.
This NYC sustainability law implies that new buildings will emit less carbon as they will largely run electrically while simultaneously phasing out fossil fuels. The law came into effect on December 22, 2021. The law is part of a broader initiative to enhance local air quality and combat climate change by significantly lowering greenhouse gas emissions, in line with New York City’s goals of achieving a 40% reduction in building emissions by 2030 and an 80% reduction by 2050. Local Law 154 positions NYC as a leader in building electrification globally, setting a precedent for other cities to follow.
2. Local Law 84 (or Local Law 133)
These sustainability laws NYC are commonly referred to as the ‘benchmarking laws’. They require property owners and managers of buildings that are over 25,000 square feet to report energy and water usage annually.Â
In 2016, Local Law 133 amended LL84, lowering the threshold for NYC sustainability law compliance from 50,000 square feet to 25,000 square feet. This expansion means that a larger number of buildings are now required to participate in benchmarking, thereby increasing the dataset available for assessing energy performance across the city. Overall, these laws are crucial in promoting sustainability and improving the energy efficiency of New York City’s building stock.
Building owners must utilize the ENERGY STAR Portfolio Manager, a free online tool provided by the U.S. Environmental Protection Agency, to input their energy consumption data. The benchmarking report, which includes an energy efficiency score, must be submitted to the city by May 1 each year. Failure to comply can result in penalties, starting with a $500 fine for late submissions and escalating for continued non-compliance.
3. Ending of Heating Season
The heating season in New York City runs from October 1 to May 31, during which landlords are legally required to provide adequate heat and hot water to tenants. Specifically, when outdoor temperatures drop below 55°F, indoor temperatures must be maintained at a minimum of 68°F between 6 AM and 10 PM and at least 62°F overnight from 10 PM to 6 AM. Additionally, hot water must be supplied at a constant temperature of 120°F year-round.
The right to have a comfortably heated apartment during winter is explicit, and non-providence can lead to a lodged complaint with the Department of Housing Preservation and Development. As the heating season concludes, building owners are expected to ensure NYC sustainability law compliance with these regulations until the end of May. Tenants experiencing issues with heating or hot water should first notify their landlord or building superintendent. If the situation is not resolved, tenants can file a complaint with the city’s 311 service, which will prompt an inspection by the Department of Housing Preservation and Development (HPD).
Additionally, the tenants also hold the will to withhold rent under cases of violation (warranty of habitability) of the Heat Laws, commence an HP legal proceeding, and file a written complaint to the landlord. In recent years, there has been an increase in reported heating issues, highlighting the importance of these regulations for tenant safety and comfort. HPD actively monitors NYC sustainability law compliance and can take legal action against landlords who neglect their responsibilities.
4. Local Law 33/95
Local Law 33 came into effect in 2020 and requires owners to post their building’s energy grade at each public entrance by October 31st. The law extends to all buildings over 25,000 sq. ft. The subsequent ordinance of Local Law 95 mandates a changed grade distribution. Local Law 33/95, enacted in New York City, mandates that buildings publicly display their annual energy efficiency ratings.Â
This NYC sustainability law requires building owners to obtain an Energy Efficiency Grade (A-D) and a score (1-100) based on the ENERGY STAR Portfolio Manager, which assesses energy performance compared to similar buildings. The grades will be determined by a building’s ENERGY STAR Portfolio Manager, which bases its results on the benchmarking data (Letter Grades assigned by DOB) – essentially compiling Local Law 83/133 with Local Law 33/95.
The energy efficiency ratings must be posted near public entrances by October 31 each year, providing transparency for tenants and the public regarding a building’s energy performance. The grading system is structured as follows:Â
– A for scores of 85 or higherÂ
– B for scores between 70 and 84Â
– C for scores between 55 and 69Â
– D for scores below 55
As of October 1st of every year, the Building Energy Efficiency Labels will be available for downloading and posting. Failure to comply with this requirement can result in fines of up to $1,250. The law encourages building owners to improve energy efficiency, reduce operational costs, and enhance occupant comfort while promoting sustainability in urban environments. Local Law 33/95 is part of a broader initiative to improve energy efficiency across New York City’s building stock, aligning with the city’s climate goals.
5. Local Law 87
NYC Local Law 87 mandates buildings over 50,000 sq ft to periodically conduct energy auditing and retro-commissioning as part of the Greener, Greater Buildings Plan. This law aims to enhance energy efficiency and reduce greenhouse gas emissions across the city’s building stock. It intends to keep the owners informed vis-a-vis energy consumption patterns.
Building owners must submit an Energy Efficiency Report (EER) detailing the findings from the energy audit and retro-commissioning process. The audit, conducted by a certified energy professional, evaluates the building’s energy performance and identifies opportunities for improvement. Retro-commissioning serves as a “tune-up” for the building’s systems, ensuring they operate as intended and identifying deficiencies that need addressing.
The law requires the following:
1. Conduct energy auditing and retrocommissioning of base building systems to electronically complete an Energy Efficiency Report (EER), which is to be submitted to the Department of Buildings on December 31st. Non-compliance can result in substantial fines ranging from $3,000 to $5,000 for each year the assessment is not conducted.
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