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LL87: Energy Audits & Retro Commissioning Violations

Failure to submit an EER is a Major (Class 2) violation which may result in a penalty of $3000 in the first year and $5000 for each additional year until the EER is submitted to the department. The Department will not accept any outstanding EER submission if outstanding penalties are not paid in full.

Resolving Violations

  • Pay the penalty for failure to submit an EER by mail. Mail payment to:

    NYC Department of Buildings
    ATTN: Sustainability Enforcement (EERV)
    280 Broadway, 3rd Floor
    New York, NY 10007
  • Penalties are $3,000 for the first year of non-submittal and $5,000 for each additional year. The penalties are cumulative.
  • Payment must be made by certified/bank check or money order made to the NYC Department of Buildings, as per Title 1 of the Rules of the City of New York §103-07(m).
  • Include a copy of the Notice of Violation.

Challenges

If you believe a violation was issued incorrectly, complete the EER Violation Challenge Form and within 30 days of the violation’s postmark date, email it to LL87@buildings.nyc.gov. For questions about a violation, please email LL87Questions@buildings.nyc.gov.

Who can do this work?

All individuals performing or supervising the Energy Audit and Retro-commissioning studies for inclusion in an Energy Efficiency Report must be a registered design professional (a Professional Engineer or Registered Architect licensed in the state of New York) with the appropriate qualifications for Energy Audits or Retro-commissioning services.

Individuals performing energy audits and retro-commissioning CANNOT be on the staff of the building being audited or retro-commissioned.

Fees

Filing Type
 Fee
Initial Filing (EER/Deferral)
 $375.00
Extension Request
 $155.00
Amendments
 $145.00

Contact for Questions

Email questions to LL87Questions@buildings.nyc.gov.

Additional Information & Resources

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