Fines and Interest Reduction Enabling Recovery (FAIRER) Program

On Behalf of | Sep 24, 2021 | Industry Updates

Dear Clients,

The New York City Council, in conjunction with the New York City Department of Finance, recently passed the Fines and Interest Reduction Enabling Recovery (FAIRER) Program, which allows you to pay a reduced amount to resolve eligible Environmental Control Board (ECB) judgments attached to your properties.

The program commenced on September 20, 2021 and will run through December 20, 2021 and covers two types of violations:

  1. Violations that only require payment; and
  2. Violations that require both payment and corrective action (also known as a compliance judgment) provided an approved certificate of correction indicating compliance is received by the DOF before December 20, 2021.

If you have unpaid ECB judgments that are eligible under the Program, you may be able to save up to 75% of the current fine amounts and have other penalties and interests waived, depending upon the type of judgment and when it was docketed:

Type of Judgement Amount
Default Judgment for Non-Appearance At ECB Hearing Only Pay Base Fine
Default Penalty Waived
Any Accrued
Pandemic Judgment (Non-Default)
Entered Between March 7, 2020 Through an Including June 23, 2021
Only Pay 25% of Base Fine
Any Accrued Interest Waived
Pre-Pandemic Violation (non-default judgment) Entered Before March 7, 2020 Only Pay 75% of Base Fine and Accrued Interest

Please note that there are limitations and conditions of the FAIRER program. Therefore, while the program may be beneficial for many, careful consideration about the specific facts of each violation should be made in order to determine the best course of action for you.

Please contact Devin Kosar at [email protected] or your attorney at Rosenberg & Estis, P.C. for further information about the FAIRER Program and to discuss how to best utilize this new program.