How to File a Public Records Request in New York
New York's Freedom of Information Law (FOIL), codified at Public Officers Law Article 6 (§§ 84–90), guarantees the public the right to inspect and copy records of state and local government agencies. The law applies to any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office, or other governmental entity performing a governmental or proprietary function. There is no residency requirement — anyone may request records. Upon receipt of a written request, an agency must, within five business days, grant access, deny access in writing, or acknowledge receipt and provide an approximate response date (generally within 20 additional business days). The burden of proof falls on the agency to justify withholding, not on the requester to justify access. Advisory opinions and guidance are provided by the New York State Committee on Open Government.
The New York Freedom of Information Law (FOIL)
- Statutory Citation
- New York Public Officers Law, Article 6, §§ 84–90
- Response Deadline
- 5 business days
- Fee Provisions
- Under Public Officers Law § 87(1), agencies may charge no more than $0.25 per photocopy for copies up to 9 by 14 inches, or the actual cost of reproducing any other record. Agencies may not charge a fee simply to search for or review records before producing them. Electronic records, where feasible, may be provided at no cost via email. Some agencies waive fees for small requests; requesters should ask explicitly.
- Key Exemptions
- Public Officers Law § 87(2) enumerates nine categories of records that may be withheld, including records specifically exempted by state or federal statute; records whose disclosure would constitute an unwarranted invasion of personal privacy; inter- or intra-agency materials; law enforcement records that could interfere with investigations or identify confidential sources; trade secrets; and records that would impair contract awards or collective bargaining. Exemptions are applied to portions of records — agencies must release non-exempt portions.
- Appeal Process
- A denial may be appealed within 30 days to the head, chief executive, or governing body of the agency, or its designated appeals officer (Public Officers Law § 89(4)(a)). The agency must respond to the appeal within 10 business days. Copies of the appeal must be forwarded to the New York State Committee on Open Government. If the appeal is denied or unanswered, the requester may bring an Article 78 proceeding in state court. Under Chapter 453 of the Laws of 2017, courts have discretionary authority to award attorney's fees when the petitioner substantially prevails and the agency failed to respond within the statutory time; fees are mandatory when the agency had no reasonable basis for denying access.
- Ombudsman
- The Committee on Open Government, housed within the New York Department of State, serves as New York's public records oversight body. It issues advisory opinions, receives copies of FOIL appeals, and provides guidance to both requesters and agencies at opengovernment.ny.gov.
Read the full text of the New York Freedom of Information Law (FOIL)
City FOIA Guides in New York
Select a city below for a detailed guide on how to file a public records request with that municipality.
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