A tenant may apply to the division for a redetermination of the initial legal regulated rent, and the legal regulated rent if there has been an adjustment by the applicable Rent Guidelines Board rate in a one-, two- or three-year lease, when the landlord has failed to serve the notice required under this Part. In determining such application, the division may direct the refund by the landlord to the tenant of excess rent paid since the local effective date, and may further order the landlord to pay the tenant such penalty as may be found under Part 2506 of this Chapter.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 2503.10