Building Owners’ Guide to NYC Sustainability Law Compliance

All the Local Laws that have acquired more streamlining after being absorbed into the Climate Mobilization Act ask the building owners to pay close attention as many get implemented in the year of 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 is responsible for putting certain limitations on various emission profiles, especially combustion at 25 kgs of carbon dioxide per million British thermal units of energy. The 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.

2. Local law 84 (or Local Law 133)

These laws are commonly referred to as the ‘benchmarking laws’. They require property owners and managers of buildings that are over 25,000 sq feet to report energy and water usage annually. The law originally applied only to NYC buildings over 50,000 sq ft but with the 133 amendment in 2017, was extended to all buildings over 25,000 sq ft.

The compliance deadline if you haven’t already filed in 2021 is February 1, 2022, whereas the annual compliance deadline (filing) is May 1st, hence May 1st 2022.

Non-compliance is deemed penal with fines up to $500 per quarter which were progressively accrue at $500 per additional quarter until a benchmarking report is duly submitted.

If you happen to miss the deadlines mentioned above, August 1st & November 1st are the dates to redeem yourself!

3. Ending of Heating Season

The NYC heating season runs from October 1 through May 31st post which awaits the residents brutal winter. The NYC Heat Laws basically demand the landlord to ensure the temperature between 6 AM and 10 PM is at least 68 degrees Fahrenheit when the temperature outside drops below 55. Between 10 PM and 6 AM consequently, the landlord is required to maintain the inside temperature above 62 degrees Fahrenheit. Moreover, the landlords are also required to provide hot water all year round.

The right to have a comfortably heated apartment during winters is explicit and non-providance can lead to a lodged complaint with the Department of Housing Preservation and Development. 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.

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 latest 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, meaning that 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.

As of October 1st every year, the Building Energy Efficiency Labels will be available for downloading and posting.

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. The law intends to optimize energy efficiency by keeping the owners informed vis-a-vis energy consumption patterns.

The law requires the following:
1. Conducting energy-auditing & retro-commissioning of base building systems to electronically complete an Energy Efficiency Report (EER) which is to be submitted with the Department of Buildings on the 31st December.

The Cotocon Group with its highly skilled and vastly experienced team is your best partner for seamless compliance. We also guarantee the same along with streamlining organizational processes at reduced operational costs.