The division, on application of either party or on its own initiative, and upon notice to all parties affected, may, prior to the date that a petition for judicial review has been commenced in the Supreme Court pursuant to article 78 of the Civil Practice Law and Rules, modify, supersede or revoke any order issued by the division under these or previous regulations where the division finds that such order was the result of illegality, irregularity in vital matters, or fraud. Where an order is modified, superseded or revoked by the division, it may also direct that all rent collected by the landlord and/or by predecessor and successor landlords in excess of the legal regulated rent be refunded to the tenant.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 2507.8