N.Y. Emergency Housing Rent Control Law § 6

Current through 2024 NY Law Chapter 456

Section 6 - Investigations; records; reports

1.The commission is authorized to make such studies and investigations, to conduct such hearings, and to obtain such information as the commission deems necessary or proper in prescribing any regulation or order under this act or in the administration and enforcement of this act and regulations and orders thereunder.

2.The commission is further authorized, by regulation or order, to require any person who rents or offers for rent or acts as broker or agent for the rental of any housing accommodations to furnish any such information under oath or affirmation, or otherwise, to make and keep records and other documents, and to make reports, and the commission may require any such person to permit the inspection and copying of records and other documents and the inspection of housing accommodations. The administrator or any officer or agent designated by the commission for such purposes, may administer oaths and affirmations and may, whenever necessary, by subpoena require any such person to appear and testify or to appear and produce documents, or both, at any designated place.

3.For the purpose of obtaining any information under subdivision one, the commission may by subpoena require any other person to appear and testify or to appear and produce documents, or both, at any designated place.

4.The production of a person's documents at any place other than his place of business shall not be required under this section in any case in which, prior to the return date specified in the subpoena issued with respect thereto, such person either has furnished the commission with a copy of such documents certified by such person under oath to be a true and correct copy, or has entered into a stipulation with the commission as to the information contained in such documents.

5.In case of contumacy by, or refusal to obey a subpoena served upon, any person referred to in subdivision three, the supreme court in or for any judicial district in which such person is found or resides or transacts business, upon application by the commission, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The provisions of this subdivision shall also apply to any person referred to in subdivision two, and shall be in addition to the provisions of subdivision one of section ten.

6.Witnesses subpoenaed under this section shall be paid the same fees and mileage as are paid witnesses under article eighty of the civil practice law and rules.

7.Upon any such investigation or hearing, the commissioner or an officer duly designated by the commission to conduct such investigation or hearing, may confer immunity in accordance with the provisions of section 50.20 of the criminal procedure law.

8.The commission shall not publish or disclose any information obtained under this act that the commission deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information, unless the commission determines that the withholding thereof is contrary to the public interest.

9.Any person subpoenaed under this section shall have the right to make a record of his testimony and to be represented by counsel.

N.Y. Emergency Housing Rent Control Law § 6