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.