Code Development NYC Codes Sustainability Reference

LL84: NYC Benchmarking Law Violations

Violations for Non-compliance

The annual benchmarking data is required to be submitted to the City by May 1st of every year. Once a satisfactory report is submitted by the May 1st deadline, there is no additional responsibility until the following year. If you do not submit a report by May 1, you may aim for the next quarterly deadline of August 1. Subsequent deadlines are November 1 and February 1 of the following year.

Fees

The Department may issue a Notice of Violation to any building on the Covered Buildings List that has not provided a fully compliant benchmarking report by the May 1 deadline. Failure to benchmark may result in a penalty of $500, issued on a quarterly basis until the benchmarking report is submitted, totaling up to $2000 per year.

Resolving Violations

To pay a benchmarking violation penalty, log into eFiling at nyc.gov/dobefiling and select Express Cashier Payments, Other Fees and Benchmarking Violation Fees. Payment can be made by eCheck or credit card, which includes a 2% service charge. If you need to create an eFiling account, visit nyc.gov/dobnowtips.

In-person OR mail-in payments are not accepted.

The status of a violation can be found online by using the Department’s Building Information System at any time. To follow up by email, please send inquiries to sustainability@buildings.nyc.gov with the building’s BBL, BIN, address, and violation number. and violation number.

Challenges

If you believe a violation was issued in error, you may submit a Benchmarking Violation Challenge Form. This form must be sent to the Department within 30 days of the violation postmark. Email the form to sustainability@buildings.nyc.gov.

To follow up on a challenge, email sustainability@buildings.nyc.gov.

Documentation substantiating a challenge must accompany the challenge form. A challenge may include, but is not necessarily limited to, one of the following:

Proof from the Department of Finance that the building in question is not a covered building as defined in NYC Administrative Code §28-309.2
Proof of timely benchmarking as indicated by a confirmation email from the ESPM that includes a date-stamped copy of data released to the City
Proof that the building was demolished, or was a new building with a NB permit and has not yet obtained a first TCO
Certification to the Department by a registered design professional (use this Benchmarking: Professional Certification Statement Form) where real property is not more than three stories, consisting of a series of attached, detached or semi-detached dwellings, for which ownership and the responsibility for maintenance of the HVAC systems and hot water heating systems is held by each individual dwelling unit owner, and with no HVAC system or hot water heating system in the series serving more than two dwelling units
Proof of each factor listed in the Exception provision of Section 28-309.4.3 of the NYC Administrative Code, including proof of a request for benchmarking assistance, as defined in section 28-309.11 of the Administrative Code. Such proof shall consist of a completed copy of the submitted Request for Benchmarking Assistance Form; or
Documentation to be submitted in the case where an Owner is a subsequent bona fide purchaser for the year in question:
1. Copy of the deed
2. Notarized affidavit stating that there is no relationship between the previous Owner and the subsequent bonafide purchaser. If the subsequent bonafide purchaser is an entity, the affidavit must be on the entity’s letterhead and signed by the Owner or an officer of the entity. The affidavit must include:
  1. The name of the subsequent bonafide purchaser
  2. The location of the property
  3. A statement that the subsequent bonafide purchaser did not receive the property as a gift
  4. A statement that the subsequent bonafide purchaser had no interest or relationship with the prior owner at the time of purchase; and
  5. A statement that the subsequent bonafide purchaser is not acting in any way for the benefit of the prior Owner.

Free Assistance

The NYC Sustainability Help Center is the one-stop-shop for information, assistance, and answers to your questions about the benchmarking process. Trained staff will walk you through benchmarking steps, directly provide or point you to training and informational resources, and help you resolve problems so that you can meet the May 1 deadline with time to spare. You can send your questions to Help@NYCsustainability.org, or call (212) 566-5584.

Subscribe to the NYC Sustainability Help Center’s SHC Newsletter. The newsletter contains news related to the climate mobilization act, training opportunities for building owners and managers, upcoming events, reminders, and advisories.

To be added to the email list, please send the request to Help@NYCsustainability.org. To start receiving the SHC Newsletter in your inbox, please click the SHC News sign-up link.