Can You Get an Extension for Local Law 87?
Yes, but an extension is not automatic.
NYC Department of Buildings rules allow an owner to request additional time when the required energy audit and retro-commissioning cannot be completed by the scheduled EER deadline despite the owner’s documented good-faith efforts.
A separate extension path exists when the building qualifies based on financial hardship. Financial hardship is not simply a matter of a project costing more than expected or an owner wanting to postpone the work. DOB defines specific circumstances that may qualify.
In either case, the owner needs to apply. Simply being behind schedule does not move the December 31 deadline.
What Is the October 1 Local Law 87 Extension Deadline?
Under current DOB guidance, an LL87 extension application must be filed by October 1 of the year in which the Energy Efficiency Report is due.
For a building due in 2026, that creates two separate dates to keep straight:
| Requirement |
2026 Deadline |
| Apply for an LL87 extension |
October 1, 2026 |
| Submit the standard 2026 EER |
December 31, 2026 |
The October deadline is therefore not an extension of the EER filing deadline itself. It is the deadline to ask DOB for additional time before the normal filing deadline arrives.
Why Does the EER2 Form Say December 31?
This is an important source of potential confusion.
DOB’s downloadable EER2 form is currently marked Revision 01/2020 and contains older language stating that the application should be filed by December 31.
However, DOB’s current Local Law 87 compliance guidance and the applicable NYC rule state that extension applications are due October 1.
For current compliance planning, owners should treat October 1 as the operative extension deadline and contact DOB directly if there is uncertainty about a specific filing.
Which Buildings Are Due for Local Law 87 in 2026?
Local Law 87 operates on a ten-year filing cycle tied to a building’s tax block number.
For covered buildings, the EER filing year generally corresponds to the last digit of the tax block number. That means a covered property with a tax block ending in 6 is generally in the 2026 compliance cohort.
DOB also publishes a Local Law 87 Covered Buildings List for each filing year.
If you are unsure whether your property is due, do not rely only on when you remember filing last. Check the current DOB Covered Buildings List and confirm the property’s Borough, Block and Lot information.
For a broader explanation of the compliance cycle, see our guide to Local Law 87 energy audits, retro-commissioning and the 10-year filing cycle.
What Counts as a Good-Faith Effort for an LL87 Extension?
DOB requires good-faith efforts to be documented.
That distinction is important. An owner generally should not expect an extension simply because there was not enough time left in the year to begin the project.
The EER2 application asks the owner to provide relevant supporting documentation showing why the required audit and retro-commissioning could not be completed by the deadline despite efforts to comply.
The exact circumstances will vary by property, so owners should keep records showing the work that has already been undertaken. Depending on the situation, that may include project agreements, correspondence, scheduling records and documentation of work already completed.
The key point is that “we haven’t started yet” and “we started the compliance process but cannot complete it on time” are not the same situation.
DOB reviews the extension request. Filing an EER2 does not by itself guarantee that the extension will be approved.
How Does a Financial-Hardship Extension Work?
The financial-hardship option is much narrower than simply saying a building cannot currently afford the Local Law 87 work.
DOB identifies specific circumstances that may support a financial-hardship request. Depending on the building, these may involve certain property-tax, water or wastewater arrears, qualifying tax-exempt properties with documented negative revenue after expenses, certain HPD Emergency Repair Program balances or qualifying government commitments to finance affordable-housing rehabilitation.
Supporting documentation is required.
Because these requirements are specific, property managers should not assume that ordinary budget pressure qualifies as financial hardship.
If a building plans to request an extension on this basis, review the EER2 requirements early enough to gather the required documentation before October 1.
How Do You Apply for a Local Law 87 Extension?
The basic DOB process is relatively straightforward, but the supporting information behind the application matters.
- Complete Form EER2, the Application for Extension of Time to File an Energy Efficiency Report.
- Identify whether the request is based on documented good-faith efforts or qualifying financial hardship.
- Include the relevant supporting documentation.
- Sign and scan the completed application.
- Email the completed EER2 and supporting materials to LL87@buildings.nyc.gov.
DOB states that it will confirm receipt by email and provide instructions for submitting the required payment.
The current extension-request fee is $155.
Do not wait until late December to begin this process. If an extension may be necessary, the October 1 application deadline should drive your planning.
How Long Does a Local Law 87 Extension Last?
Form EER2 is used to request a one-year extension.
For extensions based on good-faith efforts, DOB may grant no more than two extensions of no more than one year each.
There is another important limitation: receiving an extension does not move the building’s future Local Law 87 compliance cycle. The regularly scheduled due dates for subsequent Energy Efficiency Reports remain unchanged.
Financial-hardship extensions operate differently and may be requested annually when the applicable financial-hardship requirements continue to be met.
Is an LL87 Extension the Same as a Deferral?
No. An extension and a deferral address two different compliance situations.
An extension generally means the building is required to comply now but needs additional time to complete the required work.
A Local Law 87 deferral is a separate process for qualifying properties, including certain buildings whose base building systems meet applicable NYC Energy Conservation Code requirements.
The deferral process uses Form EER1, rather than EER2.
|
Extension |
Deferral |
| Form |
EER2 |
EER1 |
| Typical reason |
More time is needed to complete required LL87 work |
The building may qualify to postpone the EER based on applicable eligibility requirements |
| Key deadline |
October 1 |
December 31 |
| Result |
Additional filing time if approved |
Filing obligation may be deferred if eligibility requirements are met |
If you are simply running behind on an audit or retro-commissioning project, that does not automatically make the building eligible for a deferral.
What Happens If You Miss the October 1 Extension Deadline?
Missing October 1 does not automatically create a Local Law 87 violation because the EER itself is generally not due until December 31.
But it does mean you should not assume that the standard extension process remains available later in the year. Current DOB rules specify October 1 as the extension-application deadline.
If October 1 has passed and the building cannot complete its EER by December 31, contact DOB promptly about the property’s circumstances rather than waiting until the filing deadline passes.
The worst strategy is simply allowing December 31 to arrive without either completing the report or addressing the compliance problem.
What Are the Penalties for Missing the Local Law 87 Deadline?
Failure to submit a required Energy Efficiency Report is classified as a Major, or Class 2, violation.
DOB states that a building may face a $3,000 penalty in the first year of noncompliance and $5,000 for each additional year until the EER is submitted.
DOB also states that it will not accept an outstanding EER submission while applicable penalties remain unpaid.
That means a missed deadline can create more than a one-time fine. Leaving the EER unresolved can create additional annual penalties and another administrative step before the late filing can be accepted.
For building owners managing multiple NYC requirements, Energo can also help you understand how LL87 fits into the broader landscape of NYC Local Law compliance.
What Should Property Managers Do Before October 1?
If your building is due for Local Law 87 this year and the EER is not finished, the first question is not simply, “Can we get an extension?”
It is:
“Where are we in the compliance process, and is there a documented reason the work cannot be completed by December 31?”
Confirm whether the property is on the current LL87 Covered Buildings List. Talk to the professionals handling the audit and retro-commissioning work. Determine what has been completed, what remains outstanding and whether the project can realistically be finished before year-end.
If it cannot, evaluate extension eligibility before October 1, not in December.
Taking those steps now gives the building owner more options than waiting until the filing deadline is already approaching.
Need Help With Local Law 87 Compliance in NYC?
Energo works with NYC building owners and property managers on Local Law 87 compliance, including energy audits, retro-commissioning and the Energy Efficiency Report process.
If your building is due this year, behind schedule or you are unsure which compliance path applies, start the conversation before the deadline becomes the problem.
Contact Energo for Local Law 87 compliance assistance or call 888-378-9898.
Frequently Asked Questions
Can you get an extension for Local Law 87 in NYC?
Yes. Building owners may apply for an extension when the required energy audit and retro-commissioning cannot be completed on time despite documented good-faith efforts. Qualifying buildings may also request extensions based on specific financial-hardship criteria.
When is the Local Law 87 extension deadline?
Current DOB rules require the extension application to be filed by October 1 of the year in which the Energy Efficiency Report is due.
What form is used for an LL87 extension?
Owners use Form EER2, Application for Extension of Time to File Energy Efficiency Report. EER2 is used to request a one-year extension.
How much does a Local Law 87 extension request cost?
DOB currently lists a $155 fee for a Local Law 87 extension request.
How many Local Law 87 extensions can you receive?
For good-faith extension requests, DOB may grant no more than two extensions of up to one year each. Financial-hardship extensions may be requested annually when the applicable requirements continue to be met.
Is a Local Law 87 extension the same as a deferral?
No. An extension provides additional time to complete a current compliance obligation. A deferral is a separate process for qualifying buildings and uses Form EER1 rather than EER2.
Which buildings are due for Local Law 87 in 2026?
For covered buildings, the filing year generally matches the final digit of the building’s tax block number. A covered building with a tax block number ending in 6 is generally in the 2026 LL87 filing cohort.
What happens if you miss the Local Law 87 EER deadline?
Failure to submit a required EER may result in a Class 2 violation, with a $3,000 penalty in the first year and $5,000 for each additional year the filing remains outstanding.
Can You Get a Local Law 87 Extension? NYC’s October 1 Deadline Explained
If your New York City building is due for Local Law 87 compliance this year and the energy audit or retro-commissioning work is not going to be finished by December 31, you may have another option.
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