NYC Launches FAIRER Violation Relief Program

NYC Launches FAIRER Violation Relief Program

By Joseph Bastone

New York City has launched a three-month program that allows customers to pay reduced amounts for eligible Environmental Control Board (ECB) judgments. Under the FAIRER (Fines and Interest Reduction Enabling Recovery) program, administered by the Department of Finance (DOF), respondents or payers may be able to save up to 75%. In addition, penalties and interests may be waived.

FAIRER Program Eligibility

The FAIRER Program applies to outstanding Environmental Control Board (ECB) judgments issued by various city agencies and adjudicated by the Office of Administrative Trials and Hearings (OATH). The program began on September 20, 2021, and continues through December 20, 2021.

The following types of judgments may be eligible for the FAIRER Program:

  • Judgments resulting from a default decision and order. For these eligible judgments, respondents or payers will pay only the base penalties. They will not have to pay default penalties or accrued interest.
  • Pre-pandemic judgments (judgments adjudicated and entered prior to March 7, 2020). For these eligible judgments, respondents or payers will pay 75% of the imposed penalties and will not have to pay accrued interest.
  • Pandemic judgments (judgments adjudicated and entered on or after March 7, 2020, and prior to June 23, 2021). For these eligible judgments, respondents or payers will pay 25% of the imposed penalties and will not have to pay accrued interest.

If you have questions, or if you need assistance, please contact Metropolis Group at 212.233.6344.