NY Real Prop L § 446-H (2021)
2021 New York Laws RPP - Real Property Article 12-C - Apartment Information Vendors 446-H - Violations.

§  446-h. Violations. 1. Misdemeanors. Any person, firm or corporation   violating  any  provision  of  this  article  shall  be  guilty   of   a   misdemeanor.  The  commission of a single act prohibited by this article   shall constitute a violation hereof.2. Criminal actions for violations of this article shall be prosecuted   by the attorney general, or his deputy, in the name of the people of the   state, and in any such prosecution the attorney general, or his  deputy,   shall  exercise  all  the  powers  and  perform all the duties which the   district attorney would  otherwise  be  authorized  to  exercise  or  to   perform  therein.  The  attorney  general shall, upon a conviction for a   violation of  any  provision  of  this  article,  and  within  ten  days   thereafter,  make  and file with the secretary a detailed report showing   the date of such conviction, the name of the person  convicted  and  the   exact nature of the charge.3.  In  case  the  offender  shall  have  received any sum of money as   compensation or profit by or in consequence  of  his  violation  of  any   provision  of  this article, he shall also be liable to a penalty of not   less than the amount of the  sum  of  money  received  by  him  as  such   compensation  or profit and not more than four times the sum so received   by him, as may be determined by the court, which penalty may be sued for   and recovered by any person aggrieved and for his use  and  benefit,  in   any court of competent jurisdiction.4.  The  secretary  shall  have the power to enforce the provisions of   this article and upon complaint of any person, or on his own initiative,   to investigate the business, business practices and business methods  of   any  person, firm or corporation applying for or holding a license as an   apartment information vendor, if in his opinion  such  investigation  is   warranted.  Each such applicant or licensee shall be obliged, on request   of  the  secretary  to  supply  such  information  as  may  be  required   concerning  his or its business, business practices or business methods,   or proposed business practices or methods.5. For the purpose of enforcing the provisions of this article and  in   making  investigations  relating  to  any violation thereof, and for the   purpose of investigating the character, competency and integrity of  the   applicants  or licensees hereunder, and for the purpose of investigating   the business, business practices and business methods of  any  applicant   or  licensee,  or of the officers or agents thereof, the secretary shall   have the power to subpoena and bring before the  officer  or  person  so   designated  any  person  in this state and require the production of any   books or papers which he deems relevant to the inquiry and administer an   oath to and take testimony of any person or cause his deposition  to  be   taken  with  the  same  fees  and  mileage  and  in  the  same manner as   prescribed by law for civil cases in a court of record, except that  any   applicant  or licensee or officer or agent thereof shall not be entitled   to such fees and/or mileage.  Any person, duly subpoenaed, who fails  to   obey  such  subpoena  without  reasonable  cause  or  without such cause   refuses to be examined or to answer any legal or pertinent  question  as   to  the character or qualification of such applicant or licensee or such   applicant's or licensee's business, business practices  and  methods  or   such violations, shall be guilty of a misdemeanor.6.  In  any  criminal proceeding before any court, magistrate or grand   jury, or upon any investigation before the department  of  state  for  a   violation  of  any  of  the  provisions  of  this  section,  the  court,   magistrate or grand jury, or the secretary of state, his deputy or other   officer conducting the investigation, may confer immunity, in accordance   with the provisions of the criminal procedure law.