Fine and Interest Reduction Enabling Recovery (FAIRER)

Frequently Asked Questions

The FAIRER Program is a three-month program authorized by Mayor de Blasio and the New York City Council and administered by the Department of Finance (DOF) that allows respondents or payors to resolve outstanding Environmental Control Board (ECB) judgments issued by various city agencies and adjudicated by the Office of Administrative Trials and Hearings (OATH). The FAIRER Program will begin on September 20, 2021, and continue 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 payors 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 March 7, 2020). For these eligible judgments, respondents or payors 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 payors will pay 25% of the imposed penalties and will not have to pay accrued interest.

The FAIRER Program allows respondents or payors to resolve outstanding Environmental Control Board (ECB) judgments issued by various city agencies and adjudicated by the Office of Administrative Trials and Hearings (OATH).

Any respondent—an individual or business named on a violation—may participate in the FAIRER Program. In addition, payors—individuals or businesses who are not the respondent—may participate.

To participate in the FAIRER Program, visit www.nyc.gov/mysummons. Enter your name and address, ticket number, or OATH ID. (If you are a respondent and have received correspondence from the Department of Finance, your OATH ID will appear on the correspondence.)

Your outstanding OATH-adjudicated ECB judgments will be listed, along with whether each judgment is eligible for the FAIRER Program. You can select your eligible judgment(s), agree to the FAIRER Program terms and conditions, and pay the selected judgments in full.

When searching for your judgments, be sure to search under all of the names and addresses that might be associated with them. For example, if you have multiple properties, search for each address. If you or your business go by more than one name, search every name.

Please note that if your violation is not eligible for the FAIRER Program, it may be eligible for the OATH-Adjudicated ECB Violations Settlement Program. This information will be displayed when you search for your judgments. More information about settlements is available on the Settlement Program webpage.

The FAIRER Program will begin on September 20, 2021, and continue through December 20, 2021. To participate, you must pay your judgments in full by December 20, 2021.

How much you must pay will depend on when your violation went into judgment and whether you attended a hearing held by the Office of Administrative Trials and Hearings.

  • Judgments resulting from a default decision and order. For these eligible judgments, respondents or payors 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 payors 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 payors will pay 25% of the imposed penalties and will not have to pay accrued interest.

To participate in the FAIRER Program, you must pay your judgments in full and agree to the terms and conditions by December 20, 2021.

To be eligible for the FAIRER Program, your violation must be in judgment. This means that the City has taken the legal step of filing a public record of your liability in court. Judgments that are entered in court prior to June 23, 2021, may be eligible for the FAIRER Program unless:

  • The judgment had been the subject of an agreement with the Sheriff’s Office or a New York City marshal that was executed prior to the FAIRER Program.

  • A respondent or a payor fails to pay the amounts owed pursuant to the FAIRER Program by December 20, 2021.

  • The judgment is for a violation that is the subject of a criminal investigation.

The FAIRER Program covers two types of judgments: those that only require payment and those that require both payment and corrective action. A compliance judgment is a judgment arising out of a notice of violation that includes an order requiring the correction of the violation. A compliance judgment may be resolved under the FAIRER Program only if the issuing City agency issues a certificate of compliance or the Department of Finance receives an electronic record indicating compliance on or before the last day of the FAIRER Program period. If you have a question whether the Department of Finance has received the electronic record of your certificate of compliance, please contact us.

Default judgments entered on or after June 23, 2021, may be eligible for the OATH-Adjudicated ECB Violations Settlement Program. For more information, visit the OATH-Adjudicated ECB Violations Settlement Program webpage.

Judgments that have had a hearing and are entered on or after June 23, 2021, are not eligible for the OATH-Adjudicated ECB Violations Settlement Program.

Yes, you can pay for judgments that are not in your name.

You cannot make multiple payments on a single judgment. You must pay each eligible judgment in full, with a single payment. All FAIRER Program payments must be made by December 20, 2021.

Yes, you can pay using an e-check. If you are a corporation making an electronic check (e-Check) or Automated Clearing House (ACH) payment, please contact your banking institution to provide them with the appropriate ACH company ID (A136400434) and name (NYC ECB FINES) to allow for the removal of any ACH debit block which may affect the processing of your payment so that the payment is not rejected. If your payment is returned unpaid by your bank, the Department of Finance may send you a bill for the amount due, which may include additional charges, such as penalties and interest.

If you paid the judgment in full, it cannot be refunded or otherwise discounted, even if it would have been eligible for the FAIRER Program. If you made a partial payment on the judgment, searching for it at www.nyc.gov/mysummons will show you whether the remaining amount due is eligible for the FAIRER Program.

The $1 fee is prescribed by law and applies when a respondent or payor before the first day of the FAIRER Program period made payments on:

  • a default judgment greater than or equal to the base penalty;

  • an in-violation pre-pandemic judgment greater than or equal to 75% of the imposed penalties; and

  • an in-violation pandemic judgment greater than or equal to 25% of the imposed penalties.

Judgments for which no further payment is due under the FAIRER Program may be resolved under the FAIRER Program if you select the judgment on the NYC CityPay website and pay the fee of $1 for each judgment. There are no refunds available under the FAIRER Program.

To submit proof that your compliance judgment has been corrected, you must contact the issuing agency to have the agency approve the correction of the judgments.

A compliance judgment may be resolved under the FAIRER Program only if the issuing City agency issues a certificate of compliance or the Department of Finance receives an electronic record indicating compliance on or before the last day of the FAIRER Program period. If you have a question whether the Department of Finance has received the electronic record of your certificate of compliance, please contact us.

The term “judgment” means monies owed to the city as the result of a final order of the Environmental Control Board imposing a civil penalty. The judgment could result from either a default decision and order or a hearing and finding of violation that was entered in court.

Only judgments entered prior to June 23, 2021, are eligible for the FAIRER Program. Default judgments entered on or after June 23, 2021, may be eligible for the OATH-Adjudicated ECB Violations Settlement Program.

Yes, you may select the particular judgments that you want to pay at www.nyc.gov/mysummons. You can also choose to pay for a few of your judgments and then go back to the website at a later date to pay additional judgments. The last day to pay your judgments in the FAIRER Program is December 20, 2021.

Pursuant to the local law establishing the FAIRER Program, if your judgment is entered into court on or after June 23, 2021, the judgment is not eligible for the FAIRER Program. In addition, judgments are not eligible for the FAIRER Program if:

  • The judgment had been the subject of an agreement with the Sheriff’s Office or a New York City marshal that was executed prior to the FAIRER Program.

  • A respondent or a payor fails to pay the amounts owed pursuant to the FAIRER Program by December 20, 2021.

  • The judgment is for a violation that is the subject of a criminal investigation.

The FAIRER Program requires that judgments eligible for the program be paid in full by December 20, 2021. Judgments paid after that date will not be eligible for the FAIRER Program.

A payment from a respondent or payor to resolve an outstanding judgment from a default decision and order under the FAIRER Program shall be deemed an admission of the liability for the judgment that resulted in the default decision and order.

You agree to waive all of the following under the FAIRER Program:

  • Any right to challenge any of the judgments that are paid for under this agreement in any forum, including the right to seek to vacate the default judgments.
  • Any right to challenge any of the judgments that are paid for under this agreement including:
    • The right to seek to vacate any of the default judgments.

    • The right to challenge or contest any such judgment in any administrative or court proceeding.

    • The right to challenge or otherwise contest the amounts due.

    • Any defenses in connection with such judgments, including any claims or defenses relating to failure to receive notice of such violations and judgments.

    • Any claims that such judgments have expired or are otherwise non-enforceable due to the expiration of a statute of limitations for such judgments.

    • The right to contest in any forum those judgments paid under this agreement that are currently due and payable.

    • The right to any other legal or factual setoff or defense.