Bill > A00950

This bill amends the New York Public Officers Law to modify provisions regarding attorneys' fees in Freedom of Information Law (FOIL) and open meetings proceedings. Specifically, the bill changes the language from "may" to "shall" when awarding attorneys' fees, making it mandatory for courts to award reasonable legal fees to a successful petitioner in certain circumstances. For FOIL proceedings, attorneys' fees must be awarded when an agency fails to respond to a request within the statutory time, or when the court determines the agency had no reasonable basis for denying access to records. The bill defines "reasonable basis" for denial as either relying on a published appellate court opinion with substantially similar facts or a published opinion from the committee on open government. For open meetings proceedings, the bill similarly mandates that courts award costs and reasonable attorneys' fees to the successful petitioner against the public body, removing previous language that gave courts discretion in such awards. These changes are intended to provide stronger legal recourse and financial support for individuals seeking government transparency and accountability.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/A950