New York Rent Laws
EHRCL Table of Contents

The Local Emergency Housing Rent Control Act [1962]

Section 7. INVESTIGATIONS. The city housing rent agency is authorized to make such studies and investigations, to conduct such hearings, and to obtain such information as it deems necessary or proper in prescribing any regulation or order under a local law adopted pursuant to subdivision five of this section or in administering and enforcing such local law and the regulations and orders thereunder or the state emergency housing rent control law and the regulations and orders thereunder. The city housing rent agency 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 city housing rent agency may require any such person to permit the inspection and copying of records and other documents and the inspection of housing accommodations. Any officer or agent designated by the city housing rent agency 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. For the purpose of obtaining any information under this subdivision, the city housing rent agency may by subpoena require any other person to appear and testify or to appear and produce documents, or both, at any designated place. The production of a person's documents at any place other than his place of business shall not be required under this subdivision in any case in which, prior to the return date specified in the subpoena issued with respect thereto, such person either has furnished the city housing rent agency 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 city housing rent agency as to the information contained in such documents. In case of contumacy by, or refusal to obey a subpoena served upon, any person referred to in this subdivision, the supreme court in or for any judicial district in which such person is found or resides or transacts business, upon application by the city housing rent agency, 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 paragraph shall be in addition to the provisions of paragraph (a) of subdivision nine of this section. Witnesses subpoenaed under this subdivision shall be paid the same fees and mileage as are paid witnesses under article eighty of the civil practice law and rules. Upon any such investigation or hearing, the city housing rent agency, or an officer duly designated by the city housing rent agency to conduct such investigation or hearing, may confer immunity in accordance with the provisions of section 50.20 of the criminal procedure law. The city housing rent agency shall not publish or disclose any information obtained under this section that the city housing rent agency deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information, unless the city housing rent agency determines that the withholding thereof is contrary to the public interest. 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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