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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
As of December 15, 2025, all Benchmarking and Retro-Commissioning violation civil penalty payments must be submitted in DOB NOW: Safety. Benchmarking violation civil penalty payments submitted by eFiling and Retro-Commissioning violation civil penalty payments submitted by mail will no longer be accepted. These violations are also searchable in DOB NOW: Safety.
Search for Violations
All compliance violations can be searched and viewed in the Public Portal without logging into DOB NOW. Go to nyc.gov/dobnow and select Violations & Notices of Deficiency. Select Compliance Type Benchmarking – LL84 or Retro-Commissioning - LL87 and search by Violation Number, Address, BBL, or BIN.
Pay the Civil Penalty
Login to DOB NOW using an NYC.ID account. If you need to create an NYC.ID account, visit nyc.gov/dobnowtips. Select the DOB NOW: Safety module and then Violations & Notices of Deficiency. Select +Violations Payments and Benchmarking – LL84 or Retro-Commissioning – LL87.
Additional information
Visit DOB NOW: Safety Resources for more information on how to search for and submit a violation payment. For additional assistance, use the DOB NOW Help Form nyc.gov/dobhelp to submit an inquiry.
Challenges
If you believe a violation was issued incorrectly, complete the EER Violation Challenge Form within 30 days of the violation postmark date.
Please note, as of Monday, January 6, 2025, civil penalty payments and challenge requests for Local Law 87 Energy Efficiency Report (LL87 EER) violations for failure to submit an Energy Efficiency Report (EER) by the December 31, 2024, deadline and future deadlines will be submitted in DOB NOW: Safety. EER violations issued prior to January 6, 2025, will continue to be processed and paid by check and mailed to 280 Broadway, 3rd Floor, New York, NY 10007.
Please refer to the Energy Efficiency Report (EER) Violation Civil Penalty Payments and Challenge Requests to Launch in DOB NOW: Safety service notice for further instructions.
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 sustainability@buildings.nyc.gov.
Additional Information & Resources
- LL87: Energy Audits & Retro Commissioning Information
- LL87 of 2009: Information Session
- LL87 of 2009 FAQs
- Energy Efficiency Report Violation Civil Penalty Payments and Challenge Requests to Launch in DOB NOW: Safety