§ 446-H — Violations

New York § 446-H

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 12-C: Apartment Information Vendors

Text

§ 446-h. Violations. 1. Misdemeanors. Any person, firm or corporation\nviolating any provision of this article shall be guilty of a\nmisdemeanor. The commission of a single act prohibited by this article\nshall constitute a violation hereof.\n 2. Criminal actions for violations of this article shall be prosecuted\nby the attorney general, or his deputy, in the name of the people of the\nstate, and in any such prosecution the attorney general, or his deputy,\nshall exercise all the powers and perform all the duties which the\ndistrict attorney would otherwise be authorized to exercise or to\nperform therein. The attorney general shall, upon a conviction for a\nviolation of any provision of this article, and within ten days\nthereafter, make and file with the secretary a detailed report showing\nthe date of such conviction, the name of the person convicted and the\nexact nature of the charge.\n 3. In case the offender shall have received any sum of money as\ncompensation or profit by or in consequence of his violation of any\nprovision of this article, he shall also be liable to a penalty of not\nless than the amount of the sum of money received by him as such\ncompensation or profit and not more than four times the sum so received\nby him, as may be determined by the court, which penalty may be sued for\nand recovered by any person aggrieved and for his use and benefit, in\nany court of competent jurisdiction.\n 4. The secretary shall have the power to enforce the provisions of\nthis article and upon complaint of any person, or on his own initiative,\nto investigate the business, business practices and business methods of\nany person, firm or corporation applying for or holding a license as an\napartment information vendor, if in his opinion such investigation is\nwarranted. Each such applicant or licensee shall be obliged, on request\nof the secretary to supply such information as may be required\nconcerning his or its business, business practices or business methods,\nor proposed business practices or methods.\n 5. For the purpose of enforcing the provisions of this article and in\nmaking investigations relating to any violation thereof, and for the\npurpose of investigating the character, competency and integrity of the\napplicants or licensees hereunder, and for the purpose of investigating\nthe business, business practices and business methods of any applicant\nor licensee, or of the officers or agents thereof, the secretary shall\nhave the power to subpoena and bring before the officer or person so\ndesignated any person in this state and require the production of any\nbooks or papers which he deems relevant to the inquiry and administer an\noath to and take testimony of any person or cause his deposition to be\ntaken with the same fees and mileage and in the same manner as\nprescribed by law for civil cases in a court of record, except that any\napplicant or licensee or officer or agent thereof shall not be entitled\nto such fees and/or mileage. Any person, duly subpoenaed, who fails to\nobey such subpoena without reasonable cause or without such cause\nrefuses to be examined or to answer any legal or pertinent question as\nto the character or qualification of such applicant or licensee or such\napplicant's or licensee's business, business practices and methods or\nsuch violations, shall be guilty of a misdemeanor.\n 6. In any criminal proceeding before any court, magistrate or grand\njury, or upon any investigation before the department of state for a\nviolation of any of the provisions of this section, the court,\nmagistrate or grand jury, or the secretary of state, his deputy or other\nofficer conducting the investigation, may confer immunity, in accordance\nwith the provisions of the criminal procedure law.\n