Benchmarking violations are issued for the failure to file a benchmarking report. Any commercial, mixed-use or residential building over 50,000 square feet, two or more buildings on the same tax lot larger than 100,000 square feet, or two or more condominiums governed by the same board of managers that together exceed 100,000 square feet must annually submit a report to the City on their building’s energy use.
LL84 requires benchmarking to be completed by May 1 of each year. If you missed the May 1st deadline, you have the opportunity to comply before the next quarterly deadlines of August 1, November 1, and February 1. Please note that because these violations are administratively issued, there are no physical violation copies available.
This violation carries a penalty of $500, although continued failure to benchmark can result in additional quarterly penalties of $500 per violation. For example, initial Benchmarking violations in 2015 were issued in May, after the annual May 1 filing deadline. In August 2015, the DOB issued subsequent Benchmarking violations for properties that still failed to file after the second quarterly deadline of August 1. The DOB will likely continue issuing subsequent violations for failure to file going forward, aligning with the above quarterly due dates. Buildings that received both violations (May and August) must pay $500 for each individual violation, and may receive up to two additional violations for the remainder of the year if the report remains unfiled.
To close a Benchmarking Violation, you must:
- Pay the $500 failure to file penalty at the DOB, payable via certified check to the NYC Department of Buildings
- Provide a copy of the penalty payment receipt to the DOB’s Administrative Enforcement Unit at 280 Broadway, 5th floor, New York, NY 10007.
- You may do this in person, by mail, or by email.
- If mailing the receipt copy, send it to the attention of “Benchmarking.”
- You may also email a copy of your receipt to email@example.com
NOTE: If you believe this violation was issued to you in error, you may challenge a Benchmarking Violation using the form found at http://www.nyc.gov/html/dob/downloads/pdf/benchmarking_violation_challenge_form.pdf.
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