New York public records law: how to make a request
Freedom of Information Law (FOIL), Public Officers Law Article 6, §§ 84-90. Rules below are quoted or closely paraphrased from the linked official pages, and each shows the date it was last checked (2026-10-17). Jurisdiction code: NY.
Build a request letter Official source
Statute and who may ask
The Freedom of Information Law, effective January 1, 1978, gives rights of access to records reflecting governmental decisions and policies. The Committee on Open Government (Department of State) is the state's advisory body on the law.
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17Every New York 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 is an "agency" subject to FOIL. The courts are outside its coverage. The State Legislature is covered but treated differently. Private companies are not subject to FOIL. (Committee FAQ; Public Officers Law § 86(3))
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17To make a request, write it and mail or email it to the "records access officer" of the agency that keeps the records. Agencies that can receive and transmit email must accept email requests (§ 89(3)(b)). The Committee does not hold records generally, so do not send requests to it.
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17Section 89(3)(a) speaks of a written request for a record "reasonably described." An agency may reject a request that does not reasonably describe records, but if a request is too vague it must seek clarification. A requester cannot be required to give a reason, except that for lists of names and residence addresses an agency may require a written certification that the list will not be used for solicitation or fund-raising. (§ 89(3)(a); Committee FAQ)
Source: NY Committee on Open Government: FOIL law text, Public Officers Law Article 6, §§ 84-90 (PDF, updated May 29, 2026) · last verified 2026-10-17An agency is not required to prepare records it does not possess or maintain, but if it can retrieve or extract electronic data with reasonable effort it must do so, and the programming needed is not treated as creating a new record. (§ 89(3)(a))
Source: NY Committee on Open Government: FOIL law text, Public Officers Law Article 6, §§ 84-90 (PDF, updated May 29, 2026) · last verified 2026-10-17
Response deadline
Within five business days of receiving a written request for a reasonably described record, the agency must make the record available, deny the request in writing, or give a written acknowledgment with a statement of the approximate date, reasonable under the circumstances, when the request will be granted or denied. (§ 89(3)(a))
Source: NY Committee on Open Government: FOIL law text, Public Officers Law Article 6, §§ 84-90 (PDF, updated May 29, 2026) · last verified 2026-10-17If the agency decides to grant the request in whole or part but circumstances prevent disclosure within twenty business days of the date of the acknowledgment, it must state in writing the reason and a date certain, within a reasonable period, when the request will be granted. (§ 89(3)(a))
Source: NY Committee on Open Government: FOIL law text, Public Officers Law Article 6, §§ 84-90 (PDF, updated May 29, 2026) · last verified 2026-10-17An email request is treated as received on the first business day on which it arrived during normal business hours (for example, an email sent at 6 p.m. Tuesday is deemed received at 9 a.m. Wednesday). (Committee FAQ)
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17A failure to meet the time limits is treated as a denial that may be appealed. The Committee's regulations list the situations, including no response within five business days, an unreasonable approximate date, or no action within twenty business days of the acknowledgment. (§ 89(4)(a); 21 NYCRR 1401.5)
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17
Fee rules
An agency may charge up to 25 cents per page for photocopies not exceeding 9 by 14 inches; for larger copies the actual cost of reproduction. (21 NYCRR 1401.8(b); Committee FAQ citing § 87(1)(b)(iii))
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17An agency may not charge for inspecting records for which no redaction is permitted, for search or administrative costs, for review of content, or for certifications. (21 NYCRR 1401.8(a))
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17For copies of other records, the fee is the actual cost of reproduction, limited to: the hourly salary of the lowest-paid employee with the needed skill, only when more than two hours of employee time is needed; the actual cost of storage media provided; and the actual cost of an outside professional service, only when the agency's own equipment is inadequate. (21 NYCRR 1401.8(c))
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17The Committee says that when records are maintained electronically and sent electronically there may be no basis for charging a fee, and that anyone may inspect accessible records at no charge. An agency must tell you the estimated cost when more than two hours of employee time, or an outside service, is needed; may require payment in advance; and may waive a fee in whole or part. (Committee FAQ; 21 NYCRR 1401.8(e)-(g))
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17
Appeal path and remedies
A person denied access may, within thirty days, appeal in writing to the head, chief executive or governing body of the agency or the person it designates, who within ten business days must explain in writing the reasons for further denial or provide access. The agency forwards a copy of the appeal and the decision to the Committee on Open Government. (§ 89(4)(a))
Source: NY Committee on Open Government: FOIL law text, Public Officers Law Article 6, §§ 84-90 (PDF, updated May 29, 2026) · last verified 2026-10-17A denial must be in writing, state the reason, and advise you of the right to appeal, identifying the person or body that hears appeals by name, title, business address and phone number. The records access officer cannot be the appeals officer. (21 NYCRR 1401.7(b))
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17To start the ten-business-day clock the appeal should identify the date and location of the request, describe the records denied, and give the appellant's name and return address. (21 NYCRR 1401.7(e))
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17If the appeal is not decided within ten business days, that is a denial of the appeal, and you may start a proceeding under Article 78 of the Civil Practice Law and Rules. For records withheld under § 87(2) the agency has the burden of proving the exemption applies. A court may, and in some cases shall, assess reasonable attorney's fees and costs against the agency. (§ 89(4)(b)-(c); Committee FAQ)
Source: NY Committee on Open Government: FOIL law text, Public Officers Law Article 6, §§ 84-90 (PDF, updated May 29, 2026) · last verified 2026-10-17
Request-letter wording notes
For email requests, write "FOIL request" in the subject line and send to the email address the agency designates for requests. (Committee FAQ)
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17Describe the records so the agency can find them (type, dates, office). You do not need to explain why you want them. If you want scanned copies by email, say so; the Committee takes the view that an agency able to scan without added effort must do so. (Committee FAQ)
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17If you appeal, include the date and location of your request, a description of what was denied, and your name and return address, and send it within thirty days of the denial. (§ 89(4)(a); 21 NYCRR 1401.7(e))
Source: NY Committee on Open Government: Freedom of Information Law (overview, FAQ, regulations 21 NYCRR Part 1401) · last verified 2026-10-17
Not yet researched or not verified
- Full list of exemptions in § 87(2) (read the statute PDF)
- Agency-specific FOIL rules and records-access-officer contacts (each agency posts its own)
- Model sample request letters published by the Committee (not reproduced here)
This is legal information from public sources, not legal advice. Laws and agency practices change; read the linked official source and consult a lawyer about your situation. Local agencies may have their own forms and contacts.