First, let’s determine if you are responsible.
You are not responsible if you are: a tenant, a resident, a leaser.
You are responsible if you are: a building or property owner, or co-op/condo association.
Next, does your building need to comply?
To make it easy, if you had to comply with local law 87 (which requires that buildings over 50,000 gross square feet undergo periodic energy audit and retro-commissioning measures), you’ll also have to comply with local law 88. If you’re not sure, keep reading to find out if your building is included in the covered buildings.
(The city also released a list of covered buildings in 2019 that you can download as an excel file here. Buildings are listed by their Borough-Block-Lot (BBL) number. Or, get in touch with us—we’ll let you know if your building has to comply.)
Here are some general guidelines to help you determine if your building is included.
You need to comply:
- If your building exceeds 50,000 square feet
- If there are two or more buildings on the same tax lot that total more than 100,000 square feet
- If there are two or more buildings under condominium ownership that exceed 100,000 square feet, and are governed by the same board of managers
You do not need to comply:
- If your building is a 1-3 family residential property.
- If your property is in occupancy group R-2 or R-3.
- Houses of worship classified in occupancy group A-3 are exempt from lighting requirements, but still need to file a lighting report demonstrating exemption, and must still comply with metering requirements.
There’s a good chance that some of the lighting in your building already complies with LL88 lighting requirements from changes made during lease turnovers or renovations. But it’s important to track what lighting is already up to code and what areas still need upgrades.