N.Y. Real Property Law § 446-h: Violations

§ 446-h. Violations. 1. Misdemeanors. Any person, firm or corporation

violating any provision of this article shall be guilty of a

misdemeanor. The commission of a single act prohibited by this article

shall constitute a violation hereof.

2. Criminal actions for violations of this article shall be prosecuted

by the attorney general, or his deputy, in the name of the people of the

state, and in any such prosecution the attorney general, or his deputy,

shall exercise all the powers and perform all the duties which the

district attorney would otherwise be authorized to exercise or to

perform therein. The attorney general shall, upon a conviction for a

violation of any provision of this article, and within ten days

thereafter, make and file with the secretary a detailed report showing

the date of such conviction, the name of the person convicted and the

exact nature of the charge.

3. In case the offender shall have received any sum of money as

compensation or profit by or in consequence of his violation of any

provision of this article, he shall also be liable to a penalty of not

less than the amount of the sum of money received by him as such

compensation or profit and not more than four times the sum so received

by him, as may be determined by the court, which penalty may be sued for

and recovered by any person aggrieved and for his use and benefit, in

any court of competent jurisdiction.

4. The secretary shall have the power to enforce the provisions of

this article and upon complaint of any person, or on his own initiative,

to investigate the business, business practices and business methods of

any person, firm or corporation applying for or holding a license as an

apartment information vendor, if in his opinion such investigation is

warranted. Each such applicant or licensee shall be obliged, on request

of the secretary to supply such information as may be required

concerning his or its business, business practices or business methods,

or proposed business practices or methods.

5. For the purpose of enforcing the provisions of this article and in

making investigations relating to any violation thereof, and for the

purpose of investigating the character, competency and integrity of the

applicants or licensees hereunder, and for the purpose of investigating

the business, business practices and business methods of any applicant

or licensee, or of the officers or agents thereof, the secretary shall

have the power to subpoena and bring before the officer or person so

designated any person in this state and require the production of any

books or papers which he deems relevant to the inquiry and administer an

oath to and take testimony of any person or cause his deposition to be

taken with the same fees and mileage and in the same manner as

prescribed by law for civil cases in a court of record, except that any

applicant or licensee or officer or agent thereof shall not be entitled

to such fees and/or mileage. Any person, duly subpoenaed, who fails to

obey such subpoena without reasonable cause or without such cause

refuses to be examined or to answer any legal or pertinent question as

to the character or qualification of such applicant or licensee or such

applicant's or licensee's business, business practices and methods or

such violations, shall be guilty of a misdemeanor.

6. In any criminal proceeding before any court, magistrate or grand

jury, or upon any investigation before the department of state for a

violation of any of the provisions of this section, the court,

magistrate or grand jury, or the secretary of state, his deputy or other

officer conducting the investigation, may confer immunity, in accordance

with the provisions of the criminal procedure law.