ll88-faqs

Buildings


Code DevelopmentNYC CodesSustainabilityReference

Greenhouse Gas Emissions Reduction (LL97)
NYC Benchmarking Law (LL84)
Energy Grading (LL33)
Energy Audits & Retro-Commissioning (LL87)
Lighting Upgrades & Sub-Metering (LL88)
Solar & Green Roofs (LL92 & LL94)
Building Electrification (LL154)
NYC Energy Conservation Code

Greenhouse Gas Emissions Reduction (LL97)

NYC Benchmarking Law (LL84)

Energy Grading (LL33)

Energy Audits & Retro-Commissioning (LL87)

Lighting Upgrades & Sub-Metering (LL88)

Solar & Green Roofs (LL92 & LL94)

Building Electrification (LL154)

NYC Energy Conservation Code


LL88 of 2009 (as amended by LL132 & LL134 of 2016) FAQs

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What is Local Law (LL88)?

Local law 88 of 2009 (LL88), as amended, requires certain building owners to upgrade lighting systems and install electrical sub-meters in tenant spaces.

What Code sections apply to LL88?

The LL88 Covered Building List covers:

a building that exceeds 25,000 gross square feet (2323 m2)

two or more buildings on the same tax lot that together exceed 100,000 gross square feet (9290 m2); or

two or more buildings held in the condominium form of ownership that are governed by the same board of managers and that together exceed 100,000 gross square feet (9290 m2).

What are the exceptions to a covered building under LL88?

The term covered building does not include:

1 to 3 family homes; or

garden-style apartments.

Get more information regarding the first exception.

Do landmarked buildings need to comply with LL88?

Landmarked buildings must comply with LL 88, if the building meets the definition of a covered building under the law. There is no exemption for a landmarked building in Article 310 and Article 311 of Chapter 3 of Title 28 of the New York City Administrative Code.

Are residential buildings subject to LL88?

Yes, residential buildings are subject to LL88, as long as the buildings meet the definition of a covered building under the law, with a few exceptions: For the upgrade of lighting systems required by Article 310 of Chapter 3 of Title 28 of the NYC Administrative Code, exceptions can be found in § 28-310.3.

Please note that in exception #3, lighting upgrade requirements do not apply to dwelling units classified in occupancy group R-2 or R-3, which are generally 1 to 2 family homes with no more than 2 apartments.

Are museums exempt from the lighting upgrade requirements?

Museums are not exempt from the lighting upgrade requirements under LL 88. Only occupancy group A-3 space that is within a house of worship is exempt.

What is a covered tenant space for the purposes of sub-meter installation?

A covered tenant space is:

a tenant space larger than 5,000 gross square feet (465 m2) on one or more floors of a covered building let or sublet to the same person; or

a floor, of a covered building, larger than 5,000 gross square feet (465 m2) consisting of tenant spaces let or sublet to two or more different persons.

This applies to both commercial and residential buildings.

Are there any exceptions to covered tenant spaces?

The exception to covered tenant space is a dwelling unit in an apartment building or 1 to 2 family home with no more than 2 apartments.

Is there an exception to the electrical sub-meter requirement for covered tenant spaces?

Yes. A covered tenant space for which the electrical consumption within such space is already measured by a meter dedicated exclusively to that space.

What if a unit already has submeters, is a submission required?

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 LL88 compliance.

What is the procedure for reporting LL88 compliance?

Rule 103-18, relating to LL88 Lighting and Submetering, establishes the filing requirements and penalties for LL 88 (Article 310 and Article 311).

For required installation of electrical sub-meters in tenant spaces

The report must include:

a list of all covered tenant spaces in such covered building; and

an attestation by a registered design professional, a licensed master electrician, or a licensed special electrician certifying that sub-meters have been installed for all covered tenant spaces in accordance with Article 311 of Title 28 of the Administrative Code; and

a sample monthly statement in accordance with section 28-311.4 of the Administrative Code.

For required upgrades of lighting systems

A registered design professional, a licensed master electrician, or a licensed special electrician must certify that the lighting system of the entire building has been inspected and upgrades have been implemented in accordance with the law.

Further guidance regarding the submission process is forthcoming. Please continue to check our website for updates.

Is a permit required to be filed for compliance with LL88?

If electrical work is needed for LL88 compliance, a permit may be required. Please refer to DOB’s electrical permit page for when a permit is required.

NOTE: there may be work that does not require a permit, such as re-lamping existing fixtures.

What is the fee amount for reporting?

The filing fee will be established in 2024.

What are the penalties for failure to complete lighting upgrades?

Failure to file a lighting upgrade report will incur a fine of $1,500. Such penalty will be assessed annually until the compliance report is filed.

What are the penalties for failure to report sub-metering of tenant spaces?

Failure to file a submeter installation report will incur a fine of $1,500 and will be assessed annually until such report is filed. Where a report is filed, but submeters have not been installed in all covered tenant spaces, a fine of $500 for each covered tenant space where sub-meter has not been installed will be assessed annually until all required submeters are installed.

Will the Department be conducting inspections?

The Department is not required by LL 88 to conduct inspections, however it is within the Department’s authority to deploy inspectors, should it be deemed appropriate.