Last verified: August 22, 2026. By Will Tygart. Companion to the $268/ton overage calculator. Not legal advice. Confirm current Code and DOB enforcement language with your RDP and counsel before you rely on any number.
Owners fixate on overage math and ignore non-filing math. Those are different triggers. In a lot of real buildings, stalling the report creates a monthly exposure that can outrun a year’s overage penalty — especially on large floor plates.
The working formula
Market explainers and our calculator FAQ use this pattern for failure to file:
Estimated monthly non-filing penalty ≈ gross floor area (sq ft) × $0.50
That is the figure used across 2026 practitioner writeups (and it matches the “up to $0.50 per square foot per month” language boards hear from counsel). Retroactivity and how DOB applies your BIN still have to be confirmed. Do not treat this table as a bill.
| GFA (sq ft) | ≈ Monthly | ≈ 3 months | ≈ 6 months |
|---|---|---|---|
| 25,000 | $12,500 | $37,500 | $75,000 |
| 50,000 | $25,000 | $75,000 | $150,000 |
| 60,000 | $30,000 | $90,000 | $180,000 |
| 100,000 | $50,000 | $150,000 | $300,000 |
| 200,000 | $100,000 | $300,000 | $600,000 |
False-statement penalties are a different animal (fixed, severe). Do not mix them into this table.
How to use this with the overage calculator
- Estimate overage annual exposure with the $268 calculator
- Estimate non-filing monthly exposure with the table above
- Compare time-to-file cost vs RDP + filing cost
- If you are inside a grace or extension window, read the deadline guide today. For 2026: May 1 due, grace through June 30, $60 BEAM extension through August 29 if you actually apply.
Decision tree
- Filed this cycle? Monitor acceptance, keep artifacts, shift focus to 2030 intensity.
- Not filed, can file within days? Prioritize filing over retrofit debates.
- Need the extension? Calendar the BEAM action before June 30.
- Data chaos? Buy RDP time immediately. The non-filing meter is the emergency, not the plant replacement meeting.
FAQ
Is non-filing the same as exceeding the cap? No. Different trigger, different math.
Does an extension erase non-filing risk forever? No. It changes the filing date if properly obtained.
Should boards see this table? Yes. It funds an emergency resolution faster than “compliance risk” as an abstract.
Related: 2026–2030 calendar · how to file · co-op / condo playbook.