NYC Local Law 88 requires owners of large buildings in New York City to bring their lighting systems up to current Energy Conservation Code standards and to install electrical sub-meters in sizable tenant spaces. The physical upgrades were supposed to be done by January 1, 2025. The next compliance report is due May 1, 2026, with a grace period through June 30. Buildings that miss the filing face recurring annual penalties from the Department of Buildings.
Is Your Building Covered
Coverage is set by size under NYC Administrative Code § 28-310.1. A single building over 25,000 gross square feet is covered. Two or more buildings on the same tax lot that together exceed 100,000 gross square feet are covered. Two or more condominium buildings governed by the same board of managers that together exceed 100,000 gross square feet are covered as well.1American Legal Publishing. New York City Administrative Code 28-310.1 – General
For residential buildings, the requirements reach common areas like lobbies, hallways, and stairwells. Individual apartments are out. If you’re unsure whether your property qualifies, the Department of Buildings publishes an annual Covered Buildings List that names every property required to file.2NYC Buildings. Lighting System Upgrades – Buildings
What the Lighting Upgrade Has to Do
Every covered building’s lighting must meet the standards the New York City Energy Conservation Code sets for new installations. In practice that means replacing older fluorescent and incandescent fixtures with high-efficiency alternatives such as LEDs, and adding automatic controls throughout the building.3American Legal Publishing. New York City Administrative Code 28-310.3 – Upgrade of Lighting Systems of Covered Buildings Required
The controls piece is where the code gets specific. Occupancy sensors are required in classrooms, conference rooms, enclosed offices, open-plan offices, restrooms, storage rooms, corridors, and cafeterias. Sensors must shut lighting off within 15 minutes after the space empties. In open-plan offices and dining areas of 300 square feet or more, at least 80 percent of lighting must turn off automatically when unoccupied. Stairways and exit corridors follow a modified rule: instead of shutting off, lighting power must drop by 50 percent within 15 minutes of the space emptying.4NYC Department of Buildings. How-to Guide – Supporting Documentation In Compliance with 2020 New York City Energy Conservation Code
The code also caps lighting power density by space type, so commercial areas can’t be over-illuminated. Buildings need to comply with the version of the Energy Conservation Code in effect when the upgrades were installed, provided that version is no earlier than the July 1, 2010 edition.
What’s Exempt
Four categories of space are exempt from the lighting upgrade requirement:3American Legal Publishing. New York City Administrative Code 28-310.3 – Upgrade of Lighting Systems of Covered Buildings Required
- Lighting elements that already meet the Energy Conservation Code standards in effect for new systems installed on or after July 1, 2010.
- Enclosed spaces (bounded by permanent floor-to-ceiling walls or closable doors) where lighting power density already meets the post-2010 code.
- Dwelling units and residential occupancies classified as R-2 or R-3. Only common areas are covered.
- Lighting inside spaces classified as A-3 assembly occupancy that are part of a house of worship.
A building that did a serious lighting renovation after 2010 may already satisfy most of the law. Getting a qualified electrician or engineer to identify compliant spaces before starting work keeps you from paying to upgrade fixtures that don’t need it.
Sub-metering Rules for Tenant Spaces
The second half of the law is about tracking tenant electricity use. Owners must install sub-meters in every tenant space of at least 5,000 gross square feet occupied by a single tenant.5American Legal Publishing. New York City Administrative Code 28-311.3 – Sub-meters Required for Covered Tenant Spaces On floors with multiple tenancies, each tenancy of 5,000 square feet or less can get its own sub-meter, share one with neighboring tenants on the same floor, or be covered by a single floor-wide meter. A tenant space that already has a dedicated utility meter measuring only its own electricity doesn’t need a sub-meter.2NYC Buildings. Lighting System Upgrades – Buildings
Once sub-meters are in place, owners must give each affected tenant a monthly statement showing consumption during the billing period and any charges. For floor-wide meters serving multiple tenancies, the statement must show total consumption for the metered area and the percentage the tenant occupies.
If you’re billing tenants for electricity through a sub-meter, note the state ceiling: under Public Service Commission rules, tenants can’t be charged more per kilowatt-hour than the local utility charges.6Department of Public Service. Electric Submetering Information
Filing the 2026 Compliance Report
The physical work — lighting upgrades and sub-meter installations — was required to be finished by January 1, 2025. That date has passed, and DOB is in active enforcement. Buildings that haven’t yet demonstrated compliance are required to file in 2026, and the annual Covered Buildings List identifies which properties still owe a filing.2NYC Buildings. Lighting System Upgrades – Buildings
The report must be prepared by a registered design professional, a licensed master electrician, or a licensed special electrician, who inspects the entire building and certifies that the lighting upgrades meet the Energy Conservation Code.3American Legal Publishing. New York City Administrative Code 28-310.3 – Upgrade of Lighting Systems of Covered Buildings Required It’s submitted through the Department of Buildings filing system.
Two filing timelines apply, depending on whether Local Law 97 also covers the building:
- Subject to both LL88 and LL97: report due May 1, with a grace period to June 30. A further extension to December 31 is available if requested by August 29.
- Subject to LL88 only: report due May 1, with a grace period to June 30. No further extension.
Keep the professional’s certification, inspection records, and equipment specifications. DOB may ask for them during later audits or inspections.
Penalties for Missing the Deadline
Based on DOB’s published penalty guidance, a building that misses its LL88 obligations owes $1,500 per year for failing to file the lighting upgrade report, $1,500 per year for failing to file the sub-metering report, and $500 for each individual tenant space missing a required sub-meter. A property with both filings outstanding and several unmetered tenant spaces can clear $3,500 in penalties in a single year.
The violations sit against the property and can complicate sales, refinancing, and mortgage applications. They recur annually until the building shows compliance, so the cost climbs the longer you wait. If you’re behind, the practical move is to get the physical work finished and file, rather than waiting for the next annual cycle to close on its own.
Rebates That Offset the Cost
Retrofitting a whole building isn’t cheap, and a few programs bring the cost down. What’s available depends on the utility serving the property.
Con Edison customers can use the Instant Lighting Incentive Program, which pays per-fixture rebates for LED installations. Amounts vary by fixture: standard LED tube replacements earn about $7 per fixture, and high-bay warehouse fixtures can earn $150 each. Pairing a fixture with an occupancy sensor or daylight dimming adds another $20 per control, and network lighting controls that manage entire floors push the per-fixture incentive higher.7Con Edison. Instant Lighting Incentive Program
NYSERDA’s FlexTech program offers financial assistance for energy studies that evaluate lighting upgrade opportunities and roll them into capital planning. NYSERDA suggests contacting your utility first, since many utilities run custom incentive programs beyond the standard ones.8NYSERDA. Lighting and Controls Programs and Incentives Multifamily buildings, particularly income-eligible ones, may qualify for additional savings through utility programs covering lighting, weatherization, and energy management systems.