New York Rent Laws
CRRL Table of Contents
The City Rent and Rehabilitation Law [CRRL]
§ 26-409. Investigation; records; reports.
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.
Added by Laws 1985, Ch. 907, § 1, eff. Sept. 1, 1986.
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