3. Whenever there shall be a violation of this section, an application
may be made by the commissioner of housing and community renewal in the
name of the people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violation; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this section, an injunction may be issued by such court
or justice, enjoining and restraining any further violation and with
respect to this subdivision, directing the filing of a registration
statement. In any such proceeding, the court may make allowances to the
commissioner of housing and community renewal of a sum not exceeding two
thousand dollars against each defendant, and direct restitution.
Whenever the court shall determine that a violation of this section has
occurred, the court may impose a civil penalty of not more than one
thousand five hundred dollars for each violation. Such penalty shall be
deposited in the manufactured home cooperative fund, created pursuant to
section fifty-nine-h of the private housing finance law. In connection
with any such proposed application, the commissioner of housing and
community renewal is authorized to take proof and make a determination
of the relevant facts and to issue subpoenas in accordance with the
civil practice law and rules. The provisions of this subdivision shall
not impair the rights granted under subdivision u of this section.