How to File a FOIL Request in NYC

New York's Freedom of Information Law (FOIL, Public Officers Law §§ 84–90) gives any person the right to request records from NYPD and other New York State and local agencies. You don't have to be a New York resident or explain why you want the records. Agency records are presumptively open; an agency that withholds a record has to cite a specific exemption.

What you can request

FOIL covers information an agency keeps "in any physical form whatsoever": reports, emails, memos, photos, video and data. Common NYC requests include:

• NYPD incident or complaint reports: the paperwork for an incident you were involved in or witnessed.
• NYPD body-worn camera footage: video recorded by officers' body cameras during an incident.
• Arrest records: arrest paperwork for a specific arrest.
• Officer discipline and CCRB records: no longer categorically exempt since the 2020 repeal of Civil Rights Law § 50-a.
• Other city agencies: DOB permits and violations, HPD housing violations, DOT traffic-camera footage, DOE school records and more.

Before filing with NYPD, check whether the data is already published: NYPD recommends looking at its statistics pages first, since some records are available without a request.

Where to file

• NYPD: NYPD asks that FOIL requests be submitted through NYC OpenRecords. Choose "Request a Record" and select the New York City Police Department.
• Other NYC agencies:many also take requests through NYC OpenRecords. Check the agency's FOIL page for its preferred method.
• New York State agencies(for example the DMV or DOCCS): send the request to that agency's records access officer, following its FOIL instructions.
• Federal agencies(FBI, ICE, SSA and others) are covered by the federal Freedom of Information Act (FOIA), not New York's FOIL.

What to include so the agency can find the record

A request must describe the records in enough detail for the agency to search for them. The more identifiers you give, the better. NYPD lists these:

• The type of report and any identifying number (for example a complaint or incident number).
• The date of the report, the precinct, and the location of the occurrence.
• For arrest records: the arrest number or the arrested person's name and date of birth, the NYSID if known, and the date and precinct of the arrest.

Body-worn camera footage

Give the date, the approximate time window, the exact location, the precinct, and any complaint, incident or summons number. Ask for footage from all officers present. A narrow time window is easier to locate and less likely to be refused as too broad.

What happens after you send it

• Within 5 business days, the agency must make the record available, deny the request in writing, or acknowledge it with an approximate date for its response.
• After acknowledging, the agency must grant or deny within 20 business days, or explain in writing why it needs longer and give a date certain.
• If the agency misses these deadlines, the request can be treated as denied, and you can appeal.
• Agencies may charge copying fees set by law (generally up to 25 cents per page for paper copies).

If your request is denied

A denial has to be in writing. If only part of a record is exempt, the agency should release the rest with redactions. You have 30 daysto appeal to the agency's appeals officer, who must respond within 10 business days. If the appeal is denied, the next step is an Article 78 proceeding in state court, where a court can award attorney fees and costs in some cases. B-Legal's generator includes a FOIL appeal letter template.

What B-Legal does and doesn't do

• It drafts a FOIL request letter from a template you fill in. You submit it to the agency yourself.
• It doesn't file requests, track their status, or access any agency system.
• It can't guarantee that a record will be released or when.

Related: NYC summons guide · How to respond to a NYC summons · B-Legal plans

Sources: NY Public Officers Law §§ 86, 87 and 89; NYPD FOIL page (nyc.gov/site/nypd/bureaus/administrative/document-production-foil-requests.page).