Section 28-311.1
§ 28-311.1 General. Sub-meters shall be installed in covered buildings
as provided in this article.
Section 28-311.2
§ 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 50,000 gross square feet (4645
m{2}), (ii) two or more buildings on the same tax lot that together
exceed 100,000 gross square feet (9290 m{2}), 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 m{2}).
Exception: The term "covered building" shall not include real property
classified as class one pursuant to subdivision one of section 1802 of
the real property tax law.
COVERED TENANT SPACE. (i) A tenant space larger than 10,000 gross
square feet (929 m{2}) 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 10,000 gross square feet (929 m{2}) 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 28-311.3
§ 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 prior to 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
10,000 gross square feet (929 m{2}) 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 28-311.4
§ 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.
Section 28-311.5
§ 28-311.5 Reports. The owner of each covered building shall file a
report with the department on or prior to January 1, 2025 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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