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This entry was published on 2023-10-27
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SECTION 612
Compliance monitoring
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 13
§ 612. Compliance monitoring. 1. Any supervising agency and any
corporate governmental agency that constitutes a public benefit
corporation created pursuant to this chapter shall have the power to:
(a) subpoena, require the attendance of and examine and take testimony
under oath of such persons as it deems necessary to monitor, and enforce
compliance with, a note, mortgage, other financing agreement, regulatory
agreement, deed, land disposition agreement, or restrictive covenant
with or approved by such agency or corporation and entered into in
connection with an action taken pursuant to this chapter, the general
municipal law, the real property tax law, or the New York city zoning
resolution; and (b) subpoena and require the production of books,
accounts, papers, documents and other evidence related to such
monitoring and enforcement.

2. Any person who has been issued a subpoena, or any other requirement
to testify or produce books and records, pursuant to subdivision one of
this section, shall be required to comply with such subpoena or other
requirement within a reasonable period of time established by the
supervising agency or public benefit corporation that issued such
subpoena. Each day in which a person fails to comply with such subpoena,
or with any other such requirement to testify or produce books and
records, shall constitute a separate violation of this section. The
civil penalty for each such violation shall be not more than two hundred
fifty dollars, provided that such penalty shall not apply to any period
during which such subpoena or other requirement to testify or produce
books and records is the subject of a pending judicial proceeding
commenced prior to the expiration of the period of time established by
such supervising agency or public benefit corporation for compliance
with such subpoena or other requirement to testify or produce books and
records.

3. Any such supervising agency or public benefit corporation may
promulgate rules and regulations to carry out the provisions of this
section.