Local Law 87 — energy audits and retro-commissioning basics
Local Law 87 requires covered buildings to perform an ASHRAE Level II energy audit and retro-commissioning once every ten years, filed as an Energy Efficiency Report. Here is the cycle, the filing, and penalties for late submission.
Educational information only — not legal advice
Building Status NYC is educational and informational. Nothing on this page is legal advice, and using it does not create a lawyer-client relationship. Before acting on any violation or deadline, consult a licensed NYC expediter or attorney.
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Quick facts
- Agency
- NYC Department of Buildings (DOB)
- Applies to
- Buildings of 50,000 gross square feet or more (NYC Admin Code § 28-308)
- Filing cycle
- Once every ten years, on a schedule keyed to the last digit of the building's tax block
- Required components
- ASHRAE Level II energy audit + retro-commissioning, filed as an Energy Efficiency Report (EER)
- Late-filing penalty
- Commonly $3,000 for the first year late and $5,000/year thereafter — verify current schedule
- Professional help
- NYC-registered Energy Auditor and Retro-Commissioning Agent
Local Law 87 — energy audits and retro-commissioning basics
Local Law 87 of 2009 requires owners of covered NYC buildings to complete a professional-grade ASHRAE Level II energy audit and a retro-commissioning (RCx) of the base building systems once every ten years, and to file the result with DOB as an Energy Efficiency Report (EER) (NYC Admin Code § 28-308).
Unlike Local Law 84, which is just data reporting, LL87 produces an actionable engineering report identifying inefficiencies and requires the owner to actually implement the operational RCx measures.
This guide explains the cycle, the filing, and penalties for late submission. Educational only — not legal advice.
What this means
LL87 has three pieces that work together.
- Coverage. Buildings of 50,000 gross square feet or more (NYC Admin Code § 28-308) are covered. Campus configurations and mixed-use buildings have specific overlays.
- Ten-year cycle. Each building is assigned a filing year keyed to the last digit of its tax block. That year is the building's EER due year and the compliance work must be completed within that calendar year.
- Energy audit + retro-commissioning.
- Audit: an ASHRAE Level II audit by a NYC-registered Energy Auditor identifies cost-effective energy conservation measures.
- Retro-commissioning (RCx): a systematic process by a NYC-registered RCx Agent that identifies and fixes operational deficiencies in base-building systems (HVAC, controls, distribution). Certain operational measures must be implemented before filing — you cannot just identify them.
- EER filing. The completed audit and RCx reports are filed as the Energy Efficiency Report (EER).
RCx is not just a report. LL87 requires that certain operational measures identified during retro-commissioning — things that can be corrected without capital expenditure — be implemented before the EER is filed. Filing an EER that identifies operational measures without implementing them is a deficient filing.
Common causes
- Missing the ten-year EER filing window
- Engaging an auditor who is not a NYC-registered Energy Auditor or RCx Agent
- Submitting an incomplete audit or RCx report
- Failing to implement required operational RCx items within the filing window
- Not tracking the building's filing-cycle year for future filings
Timeline
- Filing-cycle year. Each building has one EER due year every ten years, keyed to the last digit of its tax block.
- Audit + RCx window. The audit and RCx work should be scoped 12–18 months before the due year to allow for field work, reporting, and operational-measure implementation.
- EER filing. Filed with DOB before the close of the due calendar year.
- Next cycle. Ten years later.
Penalties
LL87 penalties are specific to late or deficient filings.
- Late EER filing: commonly $3,000 for the first year late and $5,000 per year for each year thereafter (verify current schedule in NYC Admin Code § 28-308.1.1 / DOB penalty schedule).
- Deficient filing. An EER that omits the RCx operational implementation is treated as non-compliant; correction and re-filing are required.
- Stacking with LL84. Because LL87 buildings are typically also LL84-benchmarking buildings, late filings under both laws can stack.
How it typically gets resolved
- Determine your cycle year. Use DOB's LL87 schedule (keyed to the last digit of the tax block) to find the building's EER due year.
- Retain the right professionals. A NYC-registered Energy Auditor for the audit and a NYC-registered RCx Agent for retro-commissioning; often, a single firm provides both roles.
- Perform the audit and RCx during the cycle year. Implement the required operational measures.
- File the EER through DOB's LL87 filing portal.
- Keep the EER and supporting reports — they are the working document for your LL97 climate planning and for the next LL87 cycle.
When to hire a pro
- NYC-registered Energy Auditor and RCx Agent — required, not optional.
- Mechanical engineer / MEP firm — for implementation of identified measures that go beyond operational fixes.
- Expediter — for DOB filing mechanics, especially if the EER is late or overlaps with other filings.
- Attorney — only if a violation is contested or is tied to broader litigation.
Related guides
- Local Law 84 — energy + water benchmarking
- Local Law 97 — Climate Mobilization Act emissions limits
- DOB Class 2 — major