What is NYC Local Law 88?
Local Law 88 of 2009 — passed by the City Council on December 9, 2009 and approved by the Mayor on December 28, 2009 — added Article 310 (lighting upgrades) and Article 311 (electrical sub-meters) to Chapter 3 of Title 28 of the NYC Administrative Code (Local Law 88 of 2009, §2). The Council's finding: non-residential lighting accounts for almost 18% of the energy used in New York City buildings and roughly 18% of their carbon emissions, and tenants often do not know what electricity they use (Local Law 88 of 2009, §1 (legislative findings)).
As enacted, the law reached only buildings over 50,000 gross square feet, or groups of buildings on one tax lot over 100,000 (Local Law 88 of 2009, §28-310.2 (original text)). Local Law 134 of 2016 (§28-310.2, lighting) and Local Law 132 of 2016 (§28-311.2, sub-metering), both passed October 13, 2016 and approved October 31, 2016, lowered the single-building threshold from 50,000 to 25,000 gross square feet; LL132 also lowered the covered-tenant-space line from 10,000 to 5,000 gross square feet (Local Law 134 of 2016, §1; Local Law 132 of 2016, §1). The thresholds here are read from those local-law texts, corroborated by DOB's current LL88 guidance, rather than quoted from the consolidated code.
The obligations are statutory, but the report deadline and every dollar penalty come from DOB rule 1 RCNY §103-18, effective January 20, 2024 (1 RCNY §103-18; DOB promulgation details (eff. 1/20/2024)). LL88 also feeds directly into Local Law 97 penalty mitigation, covered in the last section.
Which buildings are covered by Local Law 88?
The test is applied as the building appears in Department of Finance records (NYC Admin Code §28-310.2 & §28-311.2 (as amended by LL134/LL132 of 2016); DOB LL88 page):
| Single building | A building that exceeds 25,000 gross square feet. |
|---|---|
| Same tax lot | Two or more buildings on the same tax lot that together exceed 100,000 gross square feet. |
| Condominium group | Two or more condominium buildings governed by the same board of managers that together exceed 100,000 gross square feet. |
| Excluded | Tax class one property (one-, two- and three-family homes), and “garden-style apartments”: attached, detached or semi-detached dwellings of no more than three stories where each unit owner owns and maintains its own HVAC and hot-water systems, no system serves more than two units, and a registered design professional certifies as much to DOB (§28-310.2 & §28-311.2 Exceptions 1–2 (LL132/LL134 of 2016); DOB LL88 page). |
Residential buildings are covered whenever they meet that definition (DOB LL88 FAQs); the residential carve-outs sit inside the requirements, not the definition. Landmarked buildings and museums are not exempt either. DOB notes that buildings listed on or eligible for the State or National Register are exempt from Energy Code requirements, so their Article 310 report demonstrates that status while Article 311 sub-metering applies as usual (DOB LL88 FAQs; DOB “Complying with LL88” webinar (Nov. 2024)).
DOB's 2026 Sustainability Law Covered Buildings List, published in March 2026, flags LL88 filers in column G. Only buildings that have not yet demonstrated compliance must file in 2026, and being listed does not by itself mean more work is needed (DOB LL88 page (“Filing Year 2026: LL88 CBL”); DOB Processing FAQs (Apr. 2026) Q2).
What does the LL88 lighting upgrade require?
No later than January 1, 2025, the lighting systems of a covered building must comply with the standards for new systems in the NYC Energy Conservation Code (NYCECC) and the standards it references (NYC Admin Code §28-310.3 (as amended by LL134 of 2016)). The upgrade covers the entire building, including tenant spaces under 5,000 sq ft; that line matters only for sub-metering (DOB LL88 Webinar (3/20/2025)). In the City's summary: common areas in residential buildings over 25,000 sq ft, and all areas in non-residential buildings over 25,000 sq ft (NYC GBEE LL88 page).
Which code version? The NYCECC in effect when the upgrade was implemented, provided that version took effect on or after July 1, 2010 (1 RCNY §103-18(b)). The statutory exceptions follow the same logic: lighting-system elements that already comply with the NYCECC standards in effect for new systems installed on or after July 1, 2010; lighting power densities in enclosed spaces (floor-to-ceiling partitions, closable doors) that already comply; lighting within R-2 or R-3 dwelling units; and lighting in an A-3 space within a house of worship (NYC Admin Code §28-310.3 Exceptions (as amended by LL134 of 2016)). Local Law 134 struck the original exemption for spaces serving dwelling units — hallways, laundry rooms, boiler rooms — so residential common areas are in (Local Law 134 of 2016, §2).
Electrical work may need a permit; re-lamping existing fixtures may not (DOB LL88 FAQs). DOB began enforcing the 2025 NYCECC on March 30, 2026; complete applications filed on or before March 29, 2026 fall under the 2020 code (DOB Energy Conservation Code page).
Which tenant spaces need sub-meters?
Sub-metering is narrower. A covered tenant space is either a tenant space larger than 5,000 gross square feet, on one or more floors, let or sublet to the same person, or a floor larger than 5,000 gross square feet made up of spaces let to two or more different persons; Local Law 132 lowered both from 10,000. R-2 and R-3 dwelling units are not covered tenant spaces (NYC Admin Code §28-311.2 “Covered tenant space” (as amended by LL132 of 2016)).
| The requirement | On and after January 1, 2025 each covered tenant space's electrical consumption must be measured by one or more sub-meters; the owner or lessor had to install them in existing covered tenant spaces by that date and must do so whenever new ones are created (NYC Admin Code §28-311.3 (as amended by LL132 of 2016)). |
|---|---|
| Multi-tenant floors | Each tenancy of 5,000 gross square feet or less may have its own sub-meter, share one with other spaces on the floor, or share a single floor-wide sub-meter (§28-311.3 (as amended by LL132 of 2016)). |
| Exception | A space whose electricity is already measured by a meter dedicated exclusively to it (§28-311.3 Exception (LL132 of 2016)). |
| What counts as a sub-meter | A device meeting DOB (or, where applicable, Public Service Commission) standards, installed within the building's electrical distribution system, that measures electricity flow in a defined space; it may, but need not, be used to apportion costs among tenants (§28-311.2 “Sub-meter” (Local Law 88 of 2009)). |
| Monthly statements | Each tenant or subtenant in a sub-metered space receives a monthly statement of the electricity measured and any amount charged; on a shared sub-meter, consumption for the whole metered area plus the percentage of it the tenant leases (NYC Admin Code §28-311.4 (Local Law 88 of 2009)). |
Already sub-metered? A report is still required; the professional attests that the property complies (DOB LL88 FAQs). No covered tenant spaces, as in most residential buildings? The Article 311 report is still filed, as an attestation by a registered design professional, licensed master electrician or special electrician that there are none (DOB “Complying with LL88” webinar (Nov. 2024)).
LL88 deadlines: 2025 compliance and the 2026 report
Two dates were fixed by law and rule; DOB has run the calendar around them with grace periods since.
| January 1, 2025 | Lighting compliant with the NYCECC and sub-meters installed in existing covered tenant spaces (NYC Admin Code §28-310.3; §28-311.3 (as amended by LL134/LL132 of 2016)). |
|---|---|
| May 1, 2025 | The report deadline set by 1 RCNY §103-18 (effective January 20, 2024) for both the lighting report and the sub-meter report, in the form and manner DOB determines (1 RCNY §103-18(b), (d); DOB promulgation details (eff. 1/20/2024)). |
| 2025 as run | LL88-only filers were due June 30, 2025. Buildings filing both LL97 and LL88 had until June 30, 2025, extended to December 31, 2025 if an LL97 extension was requested by August 29, 2025. A 2025 “LL88 compliance plan” filing did not relieve the obligation to do the work (DOB Service Notice 6/16/2025). |
| 2026 | Owners that have not yet demonstrated compliance must submit a compliance report under 1 RCNY §103-18 by May 1, 2026; the 2025 extensions do not apply, and a filing fee is required for every 2026 LL88 submission (DOB Service Notice 2/27/2026). |
One point DOB's materials do not settle. The February 27, 2026 service notice says May 1, 2026, while DOB's LL88 page describes a standing cadence — due May 1, grace period until June 30, and for owners also subject to LL97 that year an extension to December 31 if requested by August 29 — and DOB's April 2026 processing FAQ likewise lists June 30, 2026 for buildings without an extension (DOB LL88 page “Filing Dates”; DOB Processing FAQs (Apr. 2026) Q7). Treat May 1 as the rule deadline and June 30 as administrative practice; neither source says whether an LL88-only filer can obtain any 2026 extension, so do not plan on one. The compliance calendar lines these dates up against the other spring filings.
What the LL88 report includes and who can sign it
Two reports, one filing. The lighting report (Article 310) is an attestation by a registered design professional, licensed master electrician or licensed special electrician that the entire building's lighting system has been inspected and upgraded to the lighting power allowances and controls requirements for each space (1 RCNY §103-18(b)); the statute frames it as certifying the upgrade is complete and complies with the technical standards of the NYC Electrical Code (NYC Admin Code §28-310.3 (as amended by LL134 of 2016)). The sub-meter report (Article 311) has three parts: a list of all covered tenant spaces, the same professional's attestation that sub-meters are installed in every one, and a sample monthly tenant statement (1 RCNY §103-18(d)).
The Article 310/311 Professional Attestation Form is signed by both the professional (PE, RA, licensed master or special electrician) and the owner, who certifies the submission is true and accurate; falsifying a material statement is a misdemeanor (DOB Article 310/311 Professional Attestation Form (Rev. 03/26)). For the LL97 counterpart, see who certifies an LL97 filing.
The $115 fee, set in DOB's fee rule and covering both reports, is paid in DOB NOW; the report is submitted in the BEAM portal per building (BIN), not per tax lot, and buildings that filed an LL97 report in 2025 paid no additional LL88 fee (DOB LL88 page; 1 RCNY §101-03 fee table; DOB “Complying with LL88” webinar (Nov. 2024): “Report submission for LL88 compliance will occur in the BEAM platform per building (‘BIN’), not by lot (‘BBL’)”). Fee-exempt owners — not-for-profits used exclusively for educational, charitable or religious purposes, and federal, state, city or foreign government — still complete the DOB NOW fee steps to obtain the Payment Confirmation Number BEAM requires (DOB LL88 Sub-Metering (Article 311) User Guide v3 (4/15/2026)).
Local Law 88 penalties and the LL97 connection
The penalties live in DOB's rule, not the local law, and they repeat every year until the failure is cured:
| Lighting report not filed | A $1,500 civil penalty, assessed annually until the report is filed (1 RCNY §103-18(c)). |
|---|---|
| Sub-meter report not filed | $1,500 per year (1 RCNY §103-18(e)(1)–(2)). |
| Sub-meters missing | A separate $500 for each covered tenant space lacking a required sub-meter, assessed annually until all are installed; a lesser (Class 3) violation processed under 1 RCNY §102-01 (1 RCNY §103-18(e)(1)–(2); 1 RCNY §102-01 Buildings Penalty Schedule (entry “1 RCNY 103-18 (e)(2), Class 3, Failure to install a sub-meter, $500”)). |
| Per building | Assessed per BIN, as the reports are filed (DOB Processing FAQs (Apr. 2026), Q25). |
| Contesting | Request DOB review in writing within 30 days; DOB responds within 60 days (1 RCNY §103-18(f)(1)). |
Why it matters beyond those amounts: LL88 compliance is a prerequisite for LL97 good faith efforts mitigation — the owner must attest that Article 310 lighting upgrades and Article 311 sub-meters have been completed (1 RCNY §103-14(i)(2); DOB LL88 Webinar (3/20/2025)). Unfinished lighting or sub-metering therefore carries two exposures: the LL88 penalties above, and the loss of good faith efforts mitigation for any LL97 emissions penalty. The free LL97 calculator estimates that second exposure by address.