Local Law 84 of 2009 — Annual Energy & Water Benchmarking

What Local Law 84 Requires

LL84 was the first piece of the 2009 Greener Greater Buildings Plan: every covered building reports its energy and water use, every year. The rest of the cluster reads from that record.

The submission is prior-year, whole-building consumption from every fuel source, entered in the EPA's ENERGY STAR Portfolio Manager (ESPM) and shared with the city by May 1, where DOB's BEAM platform processes it. DOB recommends sharing at least 15 business days early so there's room to fix validation issues. Water data is required where the Covered Buildings List flags it.

Benchmarking is self-reported and DOB can audit it, so reconcile estimated reads, missing tenant meters, and unit errors before you share.

Who's Covered

The threshold has been 25,000 gross square feet since Local Law 133 of 2016. Coverage also reaches smaller buildings through aggregation: buildings sharing a tax lot, or condo buildings under one board, whose combined area exceeds 100,000 square feet.

The DOB Sustainability Law Covered Buildings List (CBL), republished every March, is the authoritative record. If a building appears on it, it's covered, whatever its individual size.

Tax Class 1 homes and garden-style apartment complexes are exempt. New buildings can request a temporary exemption from DOB before their first Temporary Certificate of Occupancy.

The Energy Grade Label (LL33/LL95)

LL33 of 2018, amended by LL95, turns the LL84 data into a public letter grade posted near every public entrance. The label comes out in the DOB NOW Public Portal each October 1, must be posted by October 31, and carries a $1,250 annual fine if it isn't displayed.

Grades follow the ENERGY STAR score: A at 85 and up, B at 70–84, C at 55–69, D below that. A building that didn't file LL84 gets an automatic F until the next cycle clears it.

The label is a separate obligation from the filing, so a building that filed on time can still owe the label fine.

Deadlines and Penalties

The report is due May 1 each year, covering the prior calendar year. Under DOB's published violation schedule, missed filings accrue $500 per quarter, up to $2,000 per filing year, and filing late doesn't erase fines already accrued.

A building that misses the filing and the grade label is looking at up to $3,250 a year until both are cured. DOB allows 30 days to challenge a violation; disputes about coverage itself go to the Department of Finance.

Figures reflect DOB's published rules, checked July 2026. DOB's notices govern the current filing year.

Common Pitfalls

Tenant meters you can't see.

LL84 wants whole-building consumption, and commercial tenants are often on direct utility accounts. Most utilities provide aggregated whole-building totals on request; writing data access into leases avoids the scramble.

A grade label that quietly expired.

The label refreshes every October. One posted years ago and forgotten accrues the $1,250 fine each year it's out of date.

Estimated meter data left in the filing.

A wrong number on file flows into next year's LL97 emissions math. Reconcile before you share.

How LuxNet Helps with LL84

We coordinate benchmarking as part of broader compliance engagements, and for portfolios where the cycle has been slipping we run it year over year. The same field work that supports an LL88 attestation or an LL87 audit strengthens the next benchmarking record.