Section 26-409. Investigation; records; reports  


Latest version.
  • a. The city 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 pursuant to this chapter or in
      administering and enforcing this chapter and the regulations and  orders
      thereunder  or  the  state  rent  act  and  the  regulations  and orders
      thereunder.
        b. The city 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, including, but not
      limited to, reports with  respect  to  decontrolled  or  exempt  housing
      accommodations,  and the city 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  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.
        c.  For  the  purpose of obtaining any information under this section,
      the city 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.
        d. The production of a person's documents at any place other than  his
      or her 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 city 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 rent agency as to the information contained in such documents.
        e. In case of contumacy by, or refusal to obey a subpoena served upon,
      any  person referred to in this section, 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  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  subdivision e shall be in
      addition to the provisions of  paragraph  (a)  of  subdivision  nine  of
      section  one  of  the  state  enabling  act and subdivision a of section
      26-412 of this chapter.
        f. Witnesses subpoenaed under this section shall be paid the same  fee
      and mileage as are paid witnesses pursuant to the civil practice law and
      rules.
        g. Upon any such investigation or hearing, the city rent agency, or an
      officer  duly  designated  by  the  city  rent  agency  to  conduct such
      investigation or hearing, may confer immunity  in  accordance  with  the
      provisions of the criminal procedure law.
        h.  The city rent agency shall not publish or disclose any information
      obtained under this chapter that the city 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 rent agency
      determines that the  withholding  thereof  is  contrary  to  the  public
      interest.
        i.  Any  person  subpoenaed under this section shall have the right to
      make a record of his or her testimony and to be represented by counsel.
    
        j. Without limiting any power granted by this  section  or  any  other
      provision  of  law,  the  city rent agency may by regulation require the
      owner of a building or property containing both  housing  accommodations
      subject  to  this  chapter and housing accommodations subject to chapter
      four  of  this  title  to  execute and file registration statements with
      respect to the housing accommodations subject to this chapter along with
      those filed pursuant to such chapter  four.  Notwithstanding  any  other
      provisions  of  law,  such  agency  may promulgate regulations, and take
      other necessary or appropriate actions,  pursuant  to  this  subdivision
      prior to April first, nineteen hundred eighty-four, to take effect on or
      after such date.