2023 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.