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Article 311 Installation of Electrical Sub-Meters in Tenant Spaces

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§28-311.1 General
Sub-meters shall be installed in covered buildings as provided in this article.
*§28-311.2 Definitions
As used in this article, the following terms shall have the following meanings:

COVERED BUILDING. As it appears in the records of the department of finance: (i) a building that exceeds 25,000 gross square feet (2323 m2), (ii) two or more buildings on the same tax lot that together exceed 100,000 gross square feet (9290 m2), or (iii) two or more buildings held in the condominium form of ownership that are governed by the same board of managers and that together exceed 100,000 gross square feet (9290 m2).

Exceptions: The term "covered building" shall not include:
  1. Real property classified as class one pursuant to subdivision one of section eighteen hundred two of the real property tax law; or
  2. Real property, not more than three stories, consisting of a series of attached, detached or semi-detached dwellings, for which ownership and the responsibility for maintenance of the HVAC systems and hot water heating systems is held by each individual dwelling unit owner, and with no HVAC system or hot water heating system in the series serving more than two dwelling units, as certified by a registered design professional to the department.
COVERED TENANT SPACE. (i) A tenant space larger than 5,000 gross square feet (465 m2) on one or more floors of a covered building let or sublet to the same person, or (ii) a floor, of a covered building, larger than 5,000 gross square feet (465 m2) consisting of tenant spaces let or sublet to two or more different persons.

Exception: The term "covered tenant space" shall not include dwelling units classified in occupancy group R-2 or R-3.

METER. A device installed by an electrical utility company or corporation that measures the flow of electricity supplied to a building or to a defined space within a building and used by the utility to bill consumers for electrical service.

SUB-METER. A device meeting the standards of the department or, where applicable, the public service commission, installed within a building's electrical distribution system that measures the flow of electricity within a defined space within the building and that may, but need not, be used for apportioning the cost of electricity among the building's tenants or subtenants.

TENANT SPACE. Space within a covered building that is let or sublet to another person by the owner or a lessee of such space.

*Section 28-311.2 was amended by: Local Law 132 of 2016. This law has an effective date of October 31, 2016.
*§28-311.3 Sub-Meters Required for Covered Tenant Spaces
On and after January 1, 2025, the electrical consumption of each covered tenant space shall be measured by one or more sub-meters. Sub-meters shall be installed in existing covered tenant spaces by the owner or the lessor of such space on or before January 1, 2025 and thereafter as new covered tenant spaces are created within the building. If the covered tenant space is a floor with multiple tenancies, each tenancy that is 5,000 gross square feet (465 m2) or less shall (i) have a separate sub-meter, (ii) share a sub-meter with other tenant spaces on the floor, or (iii) share a sub-meter covering the entire floor.

Exception: Covered tenant space for which the electrical consumption within such space is measured by a meter dedicated exclusively to that space.


*Section 28-311.3 was amended by: Local Law 132 of 2016. This law has an effective date of October 31, 2016.
§28-311.4 Monthly Statements
Each tenant or subtenant within a covered tenant space that has a sub-meter or sub-meters to measure electrical consumption shall be provided with a monthly statement showing the amount of electricity measured by the sub-meter for such tenant or subtenant during the month, and any amount charged to the tenant or subtenant for electricity. If the covered tenant space is a floor with multiple tenancies and the tenant's sub-meter covers other tenant spaces, the statement for such tenant shall show the electrical consumption for the area covered by the sub-meter and the percentage of that area that is leased by the tenant.
*§28-311.5 Reports
The owner of each covered building shall file a report in accordance with the rules of the department prepared by a registered design professional or a licensed master or special electrician certifying that sub-meters have been installed in all covered tenant spaces in such building as required by this article or that covered tenant spaces are subject to the exception set forth in section 28-311.3. The department may impose a fee for filing and processing such reports.

*Section 28-311.5 was amended by: Local Law 132 of 2016. This law has an effective date of October 31, 2016.

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Article 311 Maintenance of Buildings, *Installation of Electrical Sub-Meters in Tenant Spaces
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*§28-311.2 Maintenance of Buildings, Definitions
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