N.Y. Comp. Codes R. & Regs. tit. 9 § 2206.4
The administrator may, whenever in his judgment any person has engaged in acts or practices which constitute a violation of any provision of section Y51-10.0 of the Rent Law, commence an action to recover damages, as provided for in section 2206.8 of this Part, in the event that (a) the tenant has not previously commenced such an action as therein provided, and (b) more than six months have elapsed since the occurrence of the violation or issuance of the order. An action instituted by the administrator shall constitute a bar to an action by the person aggrieved. The administrator shall pay over one half of the sum recovered in such action to the person aggrieved and one half to the city treasury, exclusive of costs and disbursements.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 2206.4