New York Rent Laws
EHRCL Table of Contents
The Emergency Housing Rent Control Law of 1961 [EHRCL]
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 commissioner 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.
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