New York Public Records Law

The public record law in New York is known as the Freedom of Information Law (FOIL). The FOIL was enacted in 1974 but became effective in January 1978. New York's FOIL aims to ensure accountability and transparency in government operations by permitting individuals to request and obtain records from local and state agencies. Every state or municipal committee, bureau, board, division, council, authority, and other governmental entity engaging in a governmental or proprietary function is subject to the FOIL. Private companies and corporations are not subject to the FOIL.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in New York?

The FOIL directs each government entity or agency to formulate rules about the individual or office that may be designated as the custodian of public records. Usually, the person within a government entity from which public records may be obtained is known as the records access officer (RAO). Hence, you may submit a New York public record request to the RAO or any other person designated by the agency to coordinate the entity's response to FOIL requests.

How Do I Request Public Records in New York?

You may request a public record in New York in the following way:

  • Determine the agency maintaining the records you want.
  • Prepare your request. Be specific about the records you are seeking. Include your name, contact information, and a detailed description of the record. State that you are making the request under FOIL provisions and address the request to the RAO of the agency holding the record.
  • Submit your request. Requests may be submitted in writing, by email, or through an online portal, depending on the agency's procedures.
  • Pay the applicable fee
  • Wait for a response or appeal the decision if your request is denied.

Note that third-party websites are alternative to government sources. Third-party websites maintain public databases that may be searched for New York public records.

What Records are Public in New York?

All records are available, except where an exception permits an agency to deny access. Commonly requested public records in New York include:

  • Property Records: These include land records, deeds, and property tax records
  • Judicial Records: Examples are information on cases appealed to higher courts in the state and case records from the county courts, surrogate's courts, family courts, civil courts within New York City, district courts, the NYC criminal courts, town courts, city courts, as well as courts of claims and any village courts.
  • Law Enforcement Records: Examples include police reports and arrest records
  • Government Financial Records: Budgets, expenditures, and audit reports.

Who Can Request Public Records in New York?

The New York FOIL states that the public, whether collectively or as individuals, may request to inspect or copy government records. Therefore, any person has the right to access public New York government records.

What Is the Response Time for Public Records Requests in New York?

According to the FOIL, government agencies must respond within five business days of receiving written requests. They are authorized to provide the requested record, deny the request in writing, or acknowledge receipt and give an approximate date when the request will be granted or denied, usually not more than 20 additional business days.

What Is the Fee Charged for Providing Copies of Public Records?

The fee mandates that the fee for copies of public records does not exceed $0.25 per photocopy not above 9" by 14" or the actual cost of reproducing any other record. The actual cost of reproducing the record may include the hourly salary of the lowest-paid employee who has the necessary skills to prepare the requested record if at least two hours of employee time is needed. Generally, there is no fee for inspecting public records at the agency's office.

What Records Are Exempted Under the New York Public Law?

The New York FOIL grants certain exemptions, permitting the non-disclosure of certain records. Such records include:

  • Trade secrets or records maintained for regulation of a commercial enterprise.
  • Personal information such as Social Security numbers, personal medical records, and personal contact information
  • Active criminal investigation records
  • Confidential informant information
  • Security protocols related to public safety and critical infrastructure that may threaten security if disclosed
  • Legal communications between government agencies and their attorneys.
  • Drafts, opinions, and recommendations not classified as final policy or determinations
  • Grand jury proceedings
  • Certain court records such as those sealed by court order or related to juvenile proceedings
  • Adoption records
  • Mental health and substance abuse records
  • Vital records