Local Law 33: Post Building Energy Efficiency Labels to Avoid Violations

The DOB recently announced that as of April 29, it will issue violations to owners of buildings that appear on the NYC Benchmarking Covered Buildings List who fail to post an Energy Efficiency Rating Label as required by Local Law 33 of 2018. The penalty for failure to display the building’s Energy Efficiency Rating Label is a DOB violation and a fine of $1,250.

Steps to Comply

The label isn’t automatically mailed to the owner. The owner or owner’s representative must access it through the DOB NOW Public Portal, download it, and print it for posting. Here are the steps to comply with Local Law 33:

• Visit DOB NOW Public Portal at https://a810-dobnow.nyc.gov/publish/Index.html#!/.  
• Scroll to the bottom of the page and select “Get Your Building Energy Efficiency Rating.”
• Access your property’s profile by the Borough-Block-Lot (BBL) number. If a lot number exists, a list of BINs with corresponding addresses will be listed in rows. If the BBL isn’t on the covered building list, an error message will be displayed. If you think your building should be covered follow the link to the DOB site.
• A button/link to download the label will be displayed next to each row with a specific Building Identification Number (BIN) or address. Click on that button/link.
• On a new screen enter the required information and e-sign the attestations by checking a box.
• Click submit, and the label will be displayed. Download it, print it, and post it. If your building has a Letter Grade of N, you aren’t required to post the label.
• Repeat the above steps for each BIN on the lot.

Letter Grade Assignments

Letter Grade assignments were determined by the DOB and are based on the building’s Energy Star Score for the 2019 calendar year that was submitted for Local Law 84 compliance by Aug. 1, 2020. The Letter Grades are assigned according to the table below:

Energy Grade                    Energy Star Score

A                                             85-100

B                                             70-84

C                                             55-69

D                                             1-54

F                                              Non-Compliant

N                                             No ES Score or Exempt

Buildings exempted from benchmarking or not covered by the Energy Star program include multifamily buildings with fewer than 20 units, enclosed parking, or other property types that are not eligible to receive a 1-100 Energy Star score. In addition, some mixed-use buildings are exempt. A multi‐use property can receive the Energy Star score, but 75 percent of the property's Gross Floor Area (GFA) must be comprised of property types that are eligible for an Energy Star score, and more than 50 percent of the GFA must be comprised of one eligible property type (excluding parking).

Label Posting Guidelines

Here are the DOB requirements for posting the labels:

• A printed 8½” x 11” paper label is acceptable.
• The label may be printed in color (recommended) or in gray scale.
• Framing/laminating the label is suggested, but not required, as long as all info included in the label is clearly visible for the entire year.
• Once printed, the label must be displayed either externally or internally in a conspicuous location near each public entrance, so it is visible to public.
• The label must be displayed at a vertical height no less than 4 feet and no more than 6 feet from the ground or floor.
• The label must not be defaced, marred, camouflaged, or hidden from public view.
• The label must be replaced every year with the latest issued version and must be displayed year-round.