The Vacant and Abandoned Property Registry & other records

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

(a) a copy of the The Vacant and Abandoned Property Registry or Database (as described on the agency's website: http://www.dfs.ny.gov/banking/zombie_prop_database.htm). Please send the copy in the format it is kept, if possible, rather than as a scanned PDF.

(b) copies of all complaints received or logged by the agency pertaining to vacant or abandoned or so-called "zombie" properties since December 20, 2016.

(c) all documentation of instances in which the agency has compelled financial institutions to perform maintenance on properties since December 20, 2016. If something to the effect of a log exists that reflects these instances, I would accept a copy of such a record in lieu of a potentially more voluminous assemblage of somewhat duplicative correspondence.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Luke Stoddard Nathan

Just to be clear: You are citing the section 87(2)(a) to withhold not only section (a) of my request, but also (b) and (c)?

Dear FOIL Appeals Officer:

I write to formally appeal the denial of access regarding my Freedom of Information Law ("FOIL") request (DFS FOIL No. 2017-069673), initially submitted via email and acknowledged by the agency on August 21, 2017. The records denied include:

(a) a copy of the The Vacant and Abandoned Property Registry or Database (as described on the agency's website: http://www.dfs.ny.gov/banking/zombie_prop_database.htm). Please send the copy in the format it is kept, if possible, rather than as a scanned PDF.

(b) copies of all complaints received or logged by the agency pertaining to vacant or abandoned or so-called "zombie" properties since December 20, 2016.

(c) all documentation of instances in which the agency has compelled financial institutions to perform maintenance on properties since December 20, 2016. If something to the effect of a log exists that reflects these instances, I would accept a copy of such a record in lieu of a potentially more voluminous assemblage of somewhat duplicative correspondence.

On August 22, 2017, the agency denied this request in its entirety, citing section 87(2)(a) of FOIL. The agency correctly notes that a section of the Real Property Actions and Proceedings Law protects the The Vacant and Abandoned Property Registry—that is, section (a) of my request—from public disclosure in this instance. I do not object to the agency's assertion of the exemption on this point.

But the blanket denial is essentially silent regarding sections (b) and (c) of my request. Prior to writing this appeal, I even asked for clarification on this silence, but heard nothing in response. I object to the agency's assertion of section 87(2)(a) as it pertains to sections (b) and (c). The pertinent statute appears to apply only to (a).

According to the Committee on Open Government, FOIL is "based on a presumption of access and [requires] that agency records be disclosed, unless an exception to rights of access enables an agency to withhold records or portions of records." Further, the "state’s highest court [has] asserted time and again that the exceptions to rights of access must be 'narrowly construed.'"

Accordingly, records responsive to (b) and (c) have been wrongly denied. Please release all responsive records.

As required by FOIL, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.

In addition, please be advised that FOIL directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, 41 State Street, Albany, New York 12231.

Thank you.

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Luke Stoddard Nathan