Local Law 84 Benchmarking and Energy Grades

Owners of covered NYC buildings must enter the prior year's energy and water use in ENERGY STAR Portfolio Manager and submit it to the city by May 1 every year. The ENERGY STAR score from that filing becomes the A, B, C, D, F or N energy grade that the Department of Buildings (DOB) issues each October 1 and that you must post near every public entrance within 30 days.

Benchmarking is Local Law 84 of 2009, later expanded by Local Law 133 of 2016. The grade label comes from Local Law 33 of 2018 as amended by Local Law 95 of 2019. Here is who files, what it costs to miss a deadline, and what your letter means.

Which buildings must benchmark

DOB tells owners to check the annual Covered Buildings List or the "One City Built to Last – Compliance Notification" on the Department of Finance property tax bill. The list is based on DOF records. Under the definition added by Local Law 133 of 2016, a covered building is:

The same law excludes property in tax class 1 (mostly one- to three-family homes) and certain low-rise attached homes where each owner controls their own heating and hot water systems. Note that Local Law 97 uses a different multi-building threshold (50,000 sq ft), so a lot can be on one list and not the other. See Local Law 97 compliance.

How to file

1. 1

   Collect a full year of utility data

   Electricity, gas, steam, fuel oil and water for January 1 to December 31 of the prior year, for the whole building.
2. 2

   Set up or update the property in Portfolio Manager

   Use EPA’s ENERGY STAR Portfolio Manager. Record property uses and gross floor area accurately; they drive your score.
3. 3

   Submit to the City by May 1

   Send the report to NYC through Portfolio Manager before the deadline. Keep the confirmation.
4. 4

   Get help if you are stuck

   DOB publishes a Request for Benchmarking Assistance form, which can also support a later violation challenge.

Deadlines and penalties

1. May 1

   Benchmarking due

   Missing it triggers a $500 violation.

2. August 1

   First quarterly deadline

   Still not filed: another $500.

3. October 1

   Energy grade issued

   Label appears in DOB NOW; download it by October 31.

4. October 31

   Label posting window closes

   Must be posted within 30 days of October 1. Contact DOB before this date if you cannot access it.

5. November 1

   Second quarterly deadline

   Another $500 if still unfiled.

6. February 1

   Third quarterly deadline

   Another $500, reaching the $2,000 annual maximum.

To challenge a benchmarking violation, email the challenge form with supporting documents within 30 days of the violation's postmark. DOB accepts proof such as timely benchmarking or DOF confirmation that the building is not covered.

What your energy grade means

The letter is set entirely by the ENERGY STAR score your Portfolio Manager filing produces, so the property uses and floor area you enter matter. A building needs a score of at least 55 to avoid a D. Not filing is worse: the building receives an F.

When you get an N

DOB's FAQ says N-grade buildings do not have to post. N applies to property types ENERGY STAR cannot score, such as multifamily buildings with fewer than 20 units, some mixed-use buildings that fail ENERGY STAR's eligibility tests, and buildings where a data center, TV studio or trading floor is more than 10% of floor area. Buildings with new-building or demolition permits and no TCO in the reporting year, or with an ownership change, may be able to request a temporary exemption from DOB.

Posting the label correctly

• Print the label from the DOB NOW public portal; a new one is issued each October 1.
• Post it in a conspicuous spot near each public entrance, between four and six feet from the ground.
• Loading docks and other service entrances do not count as public entrances.
• Keep it up year-round and replace it with the new label each year. It cannot be defaced or hidden.

Why benchmarking matters beyond the fine

Benchmarking results are public: DOB publishes each year's filings as an open dataset on NYC Open Data, so tenants and buyers can look up your building's energy and water use. The same Portfolio Manager data is the basis for your Local Law 97 emissions report, so errors flow into LL97 penalties. Benchmarking also pairs with the ten-year Local Law 87 energy audit; check your audit year with the LL87 energy audit year checker, estimate LL97 exposure with the LL97 fine estimator, and see every filing date in the landlord compliance calendar. For citywide patterns, see how NYC apartment buildings rate.