The council has approved an amnesty program for 2027, letting named respondents take advantage of clearing penalties at a lower cost. Here’s what we know so far, and what your team can do next.
What’s an amnesty program?
The city has run amnesty programs before, allowing owners and managers to lower total outstanding OATH (ECB) penalties at a reduced rate.
Past programs may have varied slightly, but tend to have the same overall structure – 90 days to participate, with a potential extension, which last happened in 2021.
What can we expect here?
As part of amnesty, eligible violations for default decisions can be resolved by paying the underlying base penalty, without paying any default penalties or accrued interest. Additionally, eligible judgments from adjudications and finding of liability can be resolved by paying 75% of the imposed penalties, without payment of accrued interest.
The program was approved for FY 2027, which began on July 1, 2026. That means the first 90-day period could start anytime this year, or early 2027. The DOF commissioner may choose to extend it for another 90 days afterwards. We’ll keep you posted as timing is confirmed.
Certain violations are not eligible for amnesty, and are excluded from the program:
- Judgments subject to a payment agreement with a city marshal, sheriff, corporation counsel, or contractor of corporation counsel
- Violations that are the subject of a complaint served pursuant to section 24-182 or 24-261 of the administrative code of the city (related to air and noise pollution)
- For which “an execution has been issued for enforcement pursuant to chapter 52 of the civil practice law and rules and the period of such execution has not expired” – this relates to various enforcement tools for money judgments
- Violations that are the subject of a criminal investigation, where the DOF has been notified
- Violations that have been entered as a tax lien in accordance with section 28-204.6
It’s worth noting – previous programs have not included administrative fines and penalties for DOB violations (violations for failure to file, AEUHAZ fines, etc.) The council’s law explicitly states this program is for ECB judgments – not DOB civil penalties or administrative fines.
What can I do now?
- We’ll keep you updated on when the program officially begins, and how you can take advantage of it
- In the meantime, outstanding OATH penalties for your buildings can be viewed in your SiteCompli or InCheck account in the DOF section. Let us know if you’d like us to help with a report here
- Don’t forget – some penalties may be issued to named respondents not associated with your organization. The law does allow payors (non-named respondents) to apply, so it’s worth reviewing open violations in totality
- Paying fines doesn’t absolve open DOB and FDNY violations alone. It’s important to make sure Certificates of Correction are on file (and accepted) for these infractions
- In fact – the approved law says these violations shall not be resolved under the program unless the application includes approved Certificates of Correction from the issuing agency
Don’t hesitate to connect with your Customer Success Manager or our team at support@sitecompli.com if you have any questions or want to take advantage of this program.