ยง 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.