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In effectNYC Compliance

Local Law 87 of 2009 — Energy Audit & Retro-commissioning

Every covered NYC building files an Energy Efficiency Report once a decade, in a year set by its tax block number. Missing it costs $3,000 the first year and $5,000 each year after, with no cap.

Threshold
50,000 sf
Filing frequency
Every 10 years
Primary deadline
By December 31 of the year ending in your tax-block last digit
Filed via
DOB Energy Efficiency Report (EER) submission
Certified by
Energy Auditor and Retro-Commissioning Agent — each a NY-licensed RDP (PE or RA)
What to do next
Confirm your tax block number; your filing year keys off the last digit. Identify whether a deferral or exemption applies (ENERGY STAR certification, LEED certification, recent substantial rehab, new construction within 10 years). If your block is coming due in the next 24 months, start the audit and RCx work now. Buildings with overlapping LL88 or LL97 obligations should run one lighting and controls survey across all three rather than separate field engagements.

What Local Law 87 Requires

LL87 requires two things every ten years: a comprehensive energy audit and a retro-commissioning study of the building's base systems, compiled into a single Energy Efficiency Report (EER) filed with DOB.

The audit assesses the major energy systems (HVAC, lighting, envelope, hot water, controls) and recommends conservation measures with cost and payback estimates. The recommendations are optional; owners aren't required to implement them.

Retro-commissioning is a hands-on tune-up of the base systems against a DOB-specified checklist, and its deficiency findings do have to be corrected. Both the findings and the corrective work go into the EER.

Under DOB's LL87 rules, both components are performed or supervised by a NY-licensed design professional with recognized energy-audit or commissioning credentials.

Who's Covered, and finding your filing year

LL87 covers a smaller set of buildings than LL84 or LL88: buildings over 50,000 gross square feet, or two-or-more buildings on the same tax lot or governed by the same condo board with combined area over 100,000 sqft. Buildings between 25,000 and 50,000 sqft have LL84 obligations but not LL87.

The filing year comes from the last digit of the building's tax block number: blocks ending in 6 file by December 31, 2026, blocks ending in 7 in 2027, and so on, repeating every ten years. The block number is on your property tax bill and in Department of Finance records.

Tax Class 1 homes are exempt, and buildings less than ten years past their first Temporary Certificate of Occupancy may not need the cycle yet. ENERGY STAR or LEED certification can exempt the audit or RCx portion, and substantially rehabbed buildings can apply for a 10-year deferral. None of these are automatic; each is documented as part of the filing.

The 4-Year Audit Window

The energy audit can't be more than four years old when the EER is filed, so an audit done early for other reasons (capital planning, rebate qualification) may not be reusable.

The window is a reason to line LL87 up with other work: the audit overlaps with retrofit planning, LL97 options, and LL88 lighting scope, so a well-timed audit can serve several purposes.

Deadlines, extensions, and deferrals

The EER is due December 31 of the building's assigned filing year. Per DOB's published process, a one-year extension can be requested by October 1 of the due year (Form EER2, $155), evaluated case by case; substantially rehabbed buildings can instead seek a 10-year deferral (Form EER1). DOB has also shifted individual cycle deadlines in the past, so confirm the current year's dates on the DOB LL87 page.

Recently renovated buildings often qualify for the deferral without realizing it; check before defaulting into the audit cycle.

Penalties

LL87 penalties have no annual cap, which makes them the most expensive in the 2009 package to ignore.

Cumulative penalty exposure
Year 1 (deadline missed)
$3,000
Year 2
$8,000
Year 3
$13,000
Year 4
$18,000
Year 5
$23,000
Year 10
$48,000

A building five years past its deadline owes $23,000 before the audit and RCx work itself, and outstanding penalties may need to be resolved before a late EER is fully accepted. Curing late still beats letting the meter run.

Figures reflect DOB's published penalty schedule, checked July 2026.

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Common Pitfalls

Starting too late, or auditing too early.

The audit and RCx take 6–12 months done properly, and the audit can't be more than four years old at filing. Time the work to the EER deadline, in both directions.

Reading the audit as the whole obligation.

Audit recommendations can be declined; RCx deficiencies can't. Owners who see the ECM list sometimes conclude LL87 requires no work at all.

Paying for a cycle a certification would have waived.

Buildings that already hold ENERGY STAR or LEED certification routinely skip the exemption paperwork and pay for full audit/RCx cycles they didn't need.

How LuxNet Helps with LL87

The EER itself is certified work that goes through firms with the credentials LL87 requires. We supply the lighting and controls data layer the audit depends on: fixture inventory, controls and sensor verification, and the LL88 overlap. For a building with an open LL88 obligation, one survey feeds both.

A scoping call settles the structure: coordination with your existing EER auditor, a referral if you need one, or a survey deliverable that hands into the audit directly.

How do I find my LL87 filing year?
Your filing year is set by the last digit of your building's tax block number. A tax block ending in 6 means an EER deadline of December 31, 2026, then 2036, and so on. The block number is on your property tax bill and in NYC Department of Finance property records. Calendar the deadline as soon as you know it.
Is the audit different from the retro-commissioning?
Yes. The audit is an assessment of the building's energy use and identifies recommended energy conservation measures. The owner is not required to implement those recommendations. Retro-commissioning is a hands-on inspection of 25 specified base-system items, and any deficiencies it surfaces must be corrected. Both go into the same EER filing.
Do I have to implement the audit's recommendations?
No. The owner can decline any or all of the audit's recommendations. RCx deficiencies are different: anything the retro-commissioning step finds wrong with the base systems has to be corrected as part of the EER cycle.
Who can perform the LL87 audit and retro-commissioning?
A qualified professional under DOB's LL87 rules: typically a NY-licensed Registered Design Professional (PE or RA), with recognized credentials such as CEM (Certified Energy Manager), CBCP (Certified Building Commissioning Professional), or BPI Multi-Family Building Analyst depending on the role. DOB's LL87 page lists the accepted qualifications for each.
What's the penalty if I miss the deadline?
$3,000 the first year, $5,000 each year after, with no annual cap. A building five years past its deadline owes $23,000 before factoring in the audit and RCx work itself, and outstanding penalties may need to be resolved before a late EER is fully accepted.
Can I get an exemption with ENERGY STAR or LEED certification?
Sometimes. Buildings with ENERGY STAR certification in 2 of the 3 years before the EER deadline can qualify for an energy audit exemption (RCx is still required). LEED-certified buildings may qualify for an RCx exemption under specific conditions. Both require documentation as part of the filing.
Does LL87 overlap with LL88?
The obligations are independent, but the work overlaps. LL88 mandates specific physical upgrades and a one-time filing; LL87 mandates an audit and RCx every ten years. Lighting work that satisfies LL88 also feeds the LL87 audit, so running the lighting layer through one provider typically costs less. See the LL88 page for more.
Don't pay twice for the same field work

The Audit Only Happens Once a Decade. Make the Lighting Layer Count.

If your building has an LL87 cycle and an open LL88 or LL97 planning need, LuxNet can survey the lighting and controls layer once and package that data for the right compliance professionals. Start with a building check; we'll scope the right structure from there.

Penalty figures and compliance details reflect DOB's published rules and can change. This page is general information, not legal or financial advice; confirm specifics with DOB, your utility, and your own professionals.

Last updated: July 2026. NYC building compliance rules, deadlines, and DOB procedures may change.