N.Y. Emergency Housing Rent Control Law 274/46 337/61 § 6: Investigations; records; reports

§ 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.