Filed Date: 5/11/1982
Status: Precedential
Modified Date: 7/5/2016
Charles A. Bradley, Esq. Corporation Counsel, White Plains
You have asked whether a city, as part of its fair housing regulations, may grant the power to issue subpoenas to the commission investigating housing discrimination complaints.
Subpoenas may be issued by "any member of a board, commission or committee authorized by law to hear, try or determine a matter or do any other act, in an official capacity, in relation to which proof may be taken or the attendance of a person as a witness may be required" (CPLR, §
You have cited a previous opinion of this office concluding that a human rights commission established under the General Municipal Law could not be given subpoena power (1974 Op Atty Gen [Inf] 160). That opinion concluded that the power to issue subpoenas derives from section
We believe that a local government by local law may exercise its police power to establish regulations prohibiting discrimination in housing (Municipal Home Rule Law, §
Once a local law has been adopted prohibiting discrimination in housing and authorizing the taking of proof by an officer or agency charged with its enforcement, such officer or agency would have subpoena power under section
We conclude that a local government officer or agency authorized by local law to require the production of proof in the investigation of a complaint of discrimination in housing, may, under section
The Attorney General renders formal opinions only to officers and departments of the State government. This perforce is an informal and unofficial expression of views of this office.