WHAT IS LOCAL LAW 88?
Local Law 88 of 2009 (LL88), as amended by Local Laws 132 and 134 of 2016, requires specific NYC building owners to comply with the latest code requirements in lighting and sub-metering. Compliance involves filing with the City and may require building permits, lighting upgrades, and/or the installation of electrical sub-meters in tenant spaces.
WHAT BUILDINGS ARE REQUIRED TO COMPLY?
- Buildings exceeding 25,000 gross square feet.
- Two or more buildings on the same tax lot that together exceed 100,000 gross square feet.
- Two or more buildings in a condominium form of ownership governed by the same board of managers that together exceed 100,000 gross square feet.
WHAT TYPES OF BUILDINGS ARE EXEMPT?
- Single to three family homes.
- Garden-style apartments.
ARE LANDMARKED BUILDINGS EXEMPT?
Landmarked buildings must comply with LL88 if they meet the definition of a covered building under the law.
ARE RESIDENTIAL BUILDINGS REQUIRED TO COMPLY?
Yes, residential buildings are subject to LL88 if they meet the definition of a covered building.
WHAT DOES THE LAW REQUIRE TO SUBMIT FOR COMPLIANCE?
The Law requires a report from a registered design professional, licensed master electrician, or licensed special electrician. This report must certify that:
- The entire building’s lighting system has been inspected.
- Lighting upgrades have been implemented in accordance with the law.
- Sub-meters have been installed in all covered tenant spaces.
It also requires the submission of a sample monthly statement as proof of sub-metering.
DOES MY BUILDING REQUIRE A LIGHTING UPGRADE?
Local Law 88 requires that lighting systems meet the current New York City Energy Conservation Code, which may require upgrades to LED lighting, or the installation of daylighting or occupant controls.
No lighting upgrade is required for:
- Lighting systems installed on or after July 1, 2010 that are code-compliant at the time of installation.
- Lighting systems in dwelling units, or space serving such dwelling units, in occupancy groups R-2 or R-3.
- Lighting systems within occupancy group A-3 that is within a house of worship.
IS MY BUILDING REQUIRED TO INSTALL SUB-METERS?
Submetering is required for tenant spaces that meet one of the following criteria:
- A tenant space larger than 5,000 gross square feet on one or more floors of a covered building let or sublet to the same person.
- A floor of a covered building larger than 5,000 gross square feet with tenant spaces let or sublet to two or more different persons.
This applies to both commercial and multifamily buildings.
However, there are the following exceptions:
- Dwelling units in apartment buildings or one to two family homes with no more than two apartments.
- Tenant spaces where electrical consumption is already measured by a dedicated meter.
DOES MY BUILDING STILL NEED TO FILE A REPORT IF COVERED TENANT SPACES ARE ALREADY SUB-METERED?
Yes, a submission is still required if the building meets the conditions of a covered building. If submeters are already installed, a registered design professional, licensed master electrician, or licensed special electrician can attest that the property is in compliance with LL88.
WHEN IS THE COMPLIANCE DEADLINE?
Lighting upgrades must be performed and sub-meters installed by January 1, 2025.
WILL A PERMIT FOR ELECTRICAL WORK BE REQUIRED?
A permit may be required for electrical work needed for LL88 compliance. Note that certain work, such as re-lamping existing fixtures, may not require a permit.
WHAT ARE THE PENALTIES FOR FAILING TO COMPLY?
- Failure to file a lighting upgrade report: $1,500 fine assessed annually until compliance.
- Failure to file a submeter installation report: $1,500 fine assessed annually until compliance. Additionally, a $500 fine per covered tenant space without a sub-meter will be assessed annually until all required submeters are installed.
