Mayor Communications with NYPD Homeless

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Any communications via email or paper documents with the New York City Police Department from January 1st 2000-thought the current time this request is received in regards to enforcement or removal of homeless persons or people from publicly accessible areas including but not limited to:

Grand Central Terminal
Port Authority Bus Terminal
Metro North Train / Subway Stations

We are also seeking any complaints that we’re lodged
With the city in regards to homeless persons for the specified time frame

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,

Jordan

Good Morning,

Upon creating an MS account and clicking the links provided, we were unable to download the documents due to their size. Can you please send them to us directly in a zip drive or comparable method?

Thank You,

MuckRock Staff

I am writing to follow up on my FOIA request, which was submitted on 03/09/2022 for communications between the Mayor's Office and the NYPD Homeless Outreach Unit. As of 03/04/2023, I have not received a follow up response or an estimated timeline for when I can expect a response.

I understand that processing FOIA requests can be time-consuming, and I appreciate the work that your agency does to provide transparency and accountability to the public. However, I am eager to obtain this information and would appreciate an update on the status of my request.

Please let me know if there are any further steps I can take or information I can provide to assist in the processing of my request. I look forward to hearing from you soon.

Thank you for your attention to this matter.

Sincerely,

Jordan

Dear Records Access Officer,

I am writing to appeal the extended response time for my FOIL request FOIL-2022-002-00169. As per the Mayor's Office (OOM) website (https://a860-openrecords.nyc.gov/request/view/FOIL-2022-002-00169), I can expect a response on or about Friday, April 28, 2023.

While I understand that the volume of requests received by the OOM may cause some delays, I believe that this extended response time is not in compliance with the time frame specified by the Freedom of Information Law (FOIL). According to FOIL, agencies are required to respond to requests within five business days, or provide a written acknowledgement of the receipt of the request with an estimated date of response. This response time may only be extended by an additional five business days under certain circumstances.

In addition, I would like to file a complaint with the Open Government Agency regarding this extended response time. I believe that it is unreasonable and does not meet the requirements of FOIL. This extended response time prevents me from obtaining timely access to public records, which is the purpose of FOIL.

Case law has consistently held that an agency's duty to respond to FOIL requests is a clear and non-discretionary obligation. For example, in Matter of Westchester Rockland Newspapers v. Kimball, 50 NY2d 575, 581 (1980), the New York Court of Appeals held that a public agency's failure to comply with the time limits for FOIL responses constituted a denial of access to records. This denial of access can be remedied by mandamus relief through the courts.

I respectfully request that the OOM reconsider this extended response time and provide a response in accordance with FOIL requirements. If there are any specific reasons why this extended response time is necessary, please let me know as soon as possible.

Thank you for your attention to this matter.

Sincerely,

Subject: Urgent Complaint - Repeated and Excessive Delays in Processing FOIA Request - FOIL-2022-002-00169

Dear Sir/Madam,

I am contacting you in a state of growing distress and dissatisfaction concerning the repeated and excessive delays in fulfilling my Freedom of Information Law (FOIL) request, numbered FOIL-2022-002-00169.

To provide a brief recap, I initially lodged this request on March 9, 2022, requesting details of all communications between the New York City Police Department and the city in connection to the enforcement or removal of homeless individuals from specified public areas. Despite the provision of FOIL requiring a response within five business days, my request has been continuously extended with the recurring reason of a high volume of requests.

The FOIL request has been extended on the following dates:

November 11, 2022
December 5, 2022
February 2, 2023
March 20, 2023
April 28, 2023
As of today, May 30, 2023, I have been provided a further delayed due date of June 12, 2023. This sustained delay of over a year since the original request is unacceptable and demonstrates a flagrant disregard for the stipulations of FOIL. These continued extensions serve as a barrier to transparency, undermining public trust and preventing an important societal issue from gaining the attention it requires.

Given the clear precedent set in Matter of Westchester Rockland Newspapers v. Kimball, 50 NY2d 575, 581 (1980), an agency's failure to comply with FOIL's response time limits is considered a denial of access to records and can be rectified through mandamus relief via the courts.

This letter serves as an urgent appeal to your office to expedite the release of the requested documents. Moreover, it should be noted that I am seriously contemplating escalating this matter to a higher authority. It is my hope, however, that it does not come to that, and that your office will address this matter swiftly and justly.

I kindly request a definitive date for the fulfillment of my request, considering the substantial delay that has already occurred. Please do not hesitate to contact me if further information is required.

CC: Open Government, New York

Yours Sincerely,

Jordan Lassiter

Subject: Urgent Complaint - Repeated and Excessive Delays in Processing FOIA Request - FOIL-2022-002-00169

Dear Sir/Madam,

I am contacting you in a state of growing distress and dissatisfaction concerning the repeated and excessive delays in fulfilling my Freedom of Information Law (FOIL) request, numbered FOIL-2022-002-00169.

To provide a brief recap, I initially lodged this request on March 9, 2022, requesting details of all communications between the New York City Police Department and the city in connection to the enforcement or removal of homeless individuals from specified public areas. Despite the provision of FOIL requiring a response within five business days, my request has been continuously extended with the recurring reason of a high volume of requests.

The FOIL request has been extended on the following dates:

November 11, 2022
December 5, 2022
February 2, 2023
March 20, 2023
April 28, 2023
As of today, May 30, 2023, I have been provided a further delayed due date of June 12, 2023. This sustained delay of over a year since the original request is unacceptable and demonstrates a flagrant disregard for the stipulations of FOIL. These continued extensions serve as a barrier to transparency, undermining public trust and preventing an important societal issue from gaining the attention it requires.

Given the clear precedent set in Matter of Westchester Rockland Newspapers v. Kimball, 50 NY2d 575, 581 (1980), an agency's failure to comply with FOIL's response time limits is considered a denial of access to records and can be rectified through mandamus relief via the courts.

This letter serves as an urgent appeal to your office to expedite the release of the requested documents. Moreover, it should be noted that I am seriously contemplating escalating this matter to a higher authority. It is my hope, however, that it does not come to that, and that your office will address this matter swiftly and justly.

I kindly request a definitive date for the fulfillment of my request, considering the substantial delay that has already occurred. Please do not hesitate to contact me if further information is required.

CC: Open Government, New York

Yours Sincerely,

Jordan Lassiter

Jordan Lassiter

Office of the MayorCity of New YorkCity HallNew York, NY 10007

Subject: Urgent Follow-Up and Intent to Initiate Legal Proceedings – FOIL Request FOIL-2022-002-00169

Dear Records Access Officer,

I am writing to you once again regarding my Freedom of Information Law (FOIL) request numbered FOIL-2022-002-00169, originally submitted on March 9, 2022. Despite my repeated appeals and the clear guidance provided by the New York State Committee on Open Government, the response to my request has been subjected to numerous and unjustifiable extensions. As of the latest communication from your office, I am to expect a response by March 19, 2024, marking over two years of delays.

This protracted timeline not only undermines the spirit of transparency and accountability fostered by FOIL but also disregards the statutory requirements set forth by New York State law. The Committee on Open Government has explicitly stated that the structure of FOIL does not permit an agency to indefinitely extend a date certain for determination without constituting a constructive denial of the request.

In light of these circumstances, and following the lack of a satisfactory response to my previous communications and legal notices, I, Jordan Lassiter, hereby inform you of my intent to initiate legal proceedings against the Mayor’s Office for failure to comply with the FOIL. This action is taken in accordance with the advice provided by the Committee on Open Government and supported by established case law, including Matter of Westchester Rockland Newspapers v. Kimball, which recognizes the enforceability of FOIL’s timelines through judicial intervention.

I regret that this matter must escalate to legal proceedings, yet the persistent disregard for my lawful request leaves no alternative. It is my hope that this final notice will prompt your office to reevaluate the handling of FOIL-2022-002-00169 and expedite the release of the requested records without further delay.

Please consider this letter a formal notice of my intent to sue, as required by law. I anticipate taking further legal steps unless a complete response to my request is provided by March 1, 2024.

I look forward to your prompt compliance with this request.

Sincerely,

Jordan Lassiter

Jordan Lassiter

Office of the MayorCity of New YorkCity HallNew York, NY 10007

Subject: Urgent Follow-Up and Intent to Initiate Legal Proceedings – FOIL Request FOIL-2022-002-00169

Dear Records Access Officer,

I am writing to you once again regarding my Freedom of Information Law (FOIL) request numbered FOIL-2022-002-00169, originally submitted on March 9, 2022. Despite my repeated appeals and the clear guidance provided by the New York State Committee on Open Government, the response to my request has been subjected to numerous and unjustifiable extensions. As of the latest communication from your office, I am to expect a response by March 19, 2024, marking over two years of delays.

This protracted timeline not only undermines the spirit of transparency and accountability fostered by FOIL but also disregards the statutory requirements set forth by New York State law. The Committee on Open Government has explicitly stated that the structure of FOIL does not permit an agency to indefinitely extend a date certain for determination without constituting a constructive denial of the request.

In light of these circumstances, and following the lack of a satisfactory response to my previous communications and legal notices, I, Jordan Lassiter, hereby inform you of my intent to initiate legal proceedings against the Mayor’s Office for failure to comply with the FOIL. This action is taken in accordance with the advice provided by the Committee on Open Government and supported by established case law, including Matter of Westchester Rockland Newspapers v. Kimball, which recognizes the enforceability of FOIL’s timelines through judicial intervention.

I regret that this matter must escalate to legal proceedings, yet the persistent disregard for my lawful request leaves no alternative. It is my hope that this final notice will prompt your office to reevaluate the handling of FOIL-2022-002-00169 and expedite the release of the requested records without further delay.

Please consider this letter a formal notice of my intent to sue, as required by law. I anticipate taking further legal steps unless a complete response to my request is provided by March 1, 2024.

I look forward to your prompt compliance with this request.

Sincerely,

Jordan Lassiter