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Compliance · New York City only

NYC Local Law 87

Local Law 87 does not end at the report. What retro-commissioning finds has to be fixed.

Every ten years, a New York City building over 50,000 square feet gets an energy audit and a retro-commissioning study of its base building systems, and a licensed engineer or architect files the results with the Department of Buildings. The audit's recommendations are advice. The retro-commissioning deficiencies are not: the rule says they must be corrected, and most of them sit in the controls.

Checked October 27, 2026. Buildings whose tax block number ends in 6 file by December 31, 2026. Local Law 87 is a New York City law; it does not reach Westchester, Long Island or New Jersey.

Is it your year

Covered by size. Scheduled by tax block.

Local Law 87 is the one New York City energy law that does not run on an annual calendar. The year a building files is set by the last digit of its tax block number, and it comes around again every ten years.

Reach

Is the building covered?

  • One buildingOver 50,000 gross square feet
  • Several buildingsTwo or more on one tax lot totalling over 100,000 square feet, or under one condominium board over 100,000
  • Not coveredTax class one properties
  • How to checkThe Department of Buildings' 2026 Covered Buildings List, searched by the property's BBL; the list is refreshed each February
Cycle

Which year files?

  • The ruleThe last digit of the tax block number sets the year, never the building identification number; the cycle repeats every ten years
  • Block ends in 6Report due December 31, 2026
  • Ends in 7, 8, 9, 0Due December 31 of 2027, 2028, 2029 and 2030
  • The workAudit and retro-commissioning completed within the four years before the filing year can count
Dec 31, 2026

Energy Efficiency Report, or an application to defer it (form EER1), for buildings whose tax block number ends in 6.

New York City
Dec 31, 2027

Energy Efficiency Report for buildings whose tax block number ends in 7. Extension requests for that cohort are due October 1, 2027.

New York City

Not every covered building files a full report. A building under ten years old or substantially rehabilitated can defer (form EER1, filed by December 31 of its compliance year). A building that earned the ENERGY STAR label in two of the three prior years is excused from the audit, though not from retro-commissioning. Extension requests are due October 1 of the compliance year, so for the 2026 cohort that window has closed, and the Department's one-time extension for the 2025 cohort does not carry over to 2026.

What it requires

An audit that advises, and a study that obligates.

The Energy Efficiency Report carries two different pieces of work. They are usually bought as one package, but the law treats their findings differently.

Audit

The energy audit

  • StandardAt least a Level 2 audit under ASHRAE/ACCA Standard 211-2018; the City's rule moved to Standard 211 in 2019
  • ScopeBase building systems, with each reasonable measure listed with its savings, cost and simple payback
  • The findingsRecommendations; the owner decides which to fund
  • Why it mattersThe audit is where a capital plan, and the building's 2030 Local Law 97 position, get their numbers
How 2030 changes the Local Law 97 math →
RCx

Retro-commissioning

  • ScopeBase building systems: envelope, HVAC, conveying, domestic hot water, electrical and lighting
  • FormatReported to the retro-commissioning report format of NEBB Standard S120
  • The findingsDeficiencies must be corrected and noted in the report, with no payback test
  • SamplingWhere fewer than 90% of a sampled group are satisfactory, the correction extends to the similar components
What retro-commissioning examines →

The correction list

Most of what has to be fixed is in the controls.

The rule names what retro-commissioning has to examine. Read as a list, it describes a building automation system that has drifted from how the building is used.

1

Set points and schedules

Temperature and pressure set points, occupancy schedules and resets that no longer match how the building is used, and overrides left in place long after the reason for them passed.
2

Sensors and sequences

Sensors that read wrong, sequences that run heating and cooling against each other, economizers that do not economize, and outdoor air at rates nobody set on purpose.
3

Plant and distribution

Steam traps, boiler tuning, water and air balancing, leaks, filters and insulation. Balancing has to be done by someone certified by NEBB, TABB or AABC.
4

Hot water and lighting controls

Domestic hot water temperatures and circulation, and lighting controls that leave lights on in empty space.

Who may make the corrections. The rule limits who performs the audit and the study, and who files the report. It does not limit who performs the corrective work. That is where ieComfort works: controls sequences, sensors and the building automation system, with the trend data and functional tests that show each deficiency is closed before the report goes in.

Who does what

Three roles the rule names, and one it leaves open.

The energy auditor and the retro-commissioning agent may not be on the building's own staff, and the report must be filed by a registered design professional.

1

Energy auditor

A registered design professional supervising someone with a CEM, CEA, HPBD or BEAP credential (or an approved FlexTech consultant), or an auditor registered with the Department under one of those credentials.
2

Retro-commissioning agent

A registered design professional, a certified refrigerating system operating engineer or a licensed high-pressure boiler operating engineer supervising someone with a CCP, CBCP, EBCP, CPMP or ACPAP credential, or an agent registered with the Department under one of those.
3

The filer

Since January 1, 2022, the Energy Efficiency Report has had to be submitted by a registered design professional: a licensed professional engineer or a registered architect.
4

The corrections

Open. Any qualified contractor may perform the corrective work, including the firm that ran the study. What the report needs is evidence that each deficiency was closed.

Who pays

Con Edison pays for the fix, not the study.

In New York City the diagnosis and the correction are funded by different programs, and the order of operations decides what qualifies. Every program figure here is subject to program funding and to the current year's manual.

Study

The study: NYSERDA, not the utility

NYSERDA's FlexTech program cost-shares energy studies and retro-commissioning studies, generally up to half of the cost and capped at $500,000, through an approved FlexTech consultant, first come and subject to funding. Con Edison's commercial program does not pay for audits or for retro-commissioning.
Fix

The fix: Con Edison, on its terms

Con Edison's 2026 commercial program pays for new or modified building automation points at $0.35 per kWh saved, for accounts over 100 kW. Repairing a broken system, programming alone and retro-commissioning are not eligible, and no work may start before Con Edison's Notice to Proceed. A correction that adds control capability can qualify; one that restores what was already there cannot. The 2026 manual runs to December 31, 2026; check the 2027 terms before relying on a rate.

If the report is late

$3,000 the first year. $5,000 each year after.

A missing Energy Efficiency Report is a Class 2 violation. The Department will not accept a late report until the accrued penalties are paid, and penalties are paid and challenged in DOB NOW: Safety. The penalty attaches to the filing; what the filing has to show is that the deficiencies were corrected.

One building, one tax block

Which year your building files, and what retro-commissioning will ask of its controls.

Send the building's address and, if you have them, the last Energy Efficiency Report and a point list or trend export from the building automation system. We reply by email with the building's Local Law 87 year from the City's list, what the last report found, which deficiencies are controls work, and what a correction plan would cover. The report itself is filed by a licensed engineer or architect; we set out what that professional will need from the controls side.

Until the screening tool is live, this is a short intake form.

Sources and dates

  • NYC Administrative Code Article 308; 1 RCNY §103-07 as amended effective August 4, 2019 (Level 2 audits under ANSI/ASHRAE/ACCA Standard 211-2018; retro-commissioning reports to NEBB Standard S120).
  • NYC Department of Buildings, Service Notice, February 27, 2026 ("Reminder: Deadlines for Sustainability Laws in 2026"; 2025 extensions do not apply to filing year 2026); Service Notice of November 25, 2025 (2025 cohort extended to March 31, 2026, that year only); Service Notice on registered-design-professional filing, effective January 1, 2022; DOB Local Law 87 page and FAQs; Sustainability Law Covered Buildings List 2026.
  • Con Edison Commercial and Industrial Energy Efficiency and Electrification Program Manual, 2026 Version 1.1 (effective July 1, 2026); NYSERDA FlexTech Program, PON 4192.
  • Last reviewed October 27, 2026. The 2026 dates come off this page after December 31, 2026; the program figures are re-checked when Con Edison publishes its 2027 manual.