Recitation, as required by CPLR 2219 (a), of the papers considered in review of this motion to dismiss, listed by NYSCEF document number: 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 28. DECISION/ORDER After oral argument and upon the foregoing cited papers, the decision and order on this motion is as follows: FACTUAL BACKGROUND The Petitioner Walter Kim (“Petitioner”) in this Housing Part (“HP”) proceeding seeks an order directing Respondents to correct violations of the Housing Maintenance Code of the City of New York of the Code (“Code” or “HMC”) and entry of a judgment against Respondents for the penalties set out in the Code upon their failure to correct. A request for an inspection by the New York City Department of Housing Preservation and Development (“HPD”) filed with the petition alleged the following conditions to need repair: 1. HVAC/Heat/AC 2. No baseboard heat 3. Windows/some cannot open 4. Floor buckling 5. Broken microwave 6. Oven not properly working; and 7. Exposed wires in ceiling. (NY St Cts Elec Filing [NYSCEF] Doc No. 29 at 5.) The petition also seeks a finding that Respondents, United American Land LLC and Albert Laboz, have harassed Petitioner pursuant to section 27-2005 (d) of the Code based on the failure to provide essential services and verbal intimidation, and, upon such a finding, granting relief including an order restraining further harassment and civil penalties. HPD inspected the premises on September 9, 2021 and issued the following Code violations: 1. Arrange and make self-closing the entrance doors (a class “C” violation); and 2. Properly repair and abate unsafe electric wiring condition consisting of exposed electrical wires (a class “B” violation).1 The parties do not dispute that the premises that is the subject of this proceeding is an interim multiple dwelling pursuant to Article 7-C of the Multiple Dwelling Law also known as the Loft Law. (NYCEF Doc No. 5, Laboz affidavit 4; NYCEF Doc No. 25, Price affirmation 7.) Nor do the parties dispute that, as set forth on the HPD open violations report (“HPD Violation Report”), the subject building is registered with HPD and comprises 18 Class A dwellings.2 (NYSCEF Doc No. 22, Violation Report.) Finally, the parties do not dispute that Petitioner has a pending application before the Loft Board for diminution of services — specifically, the failure to repair the HVAC system, inoperable windows, buckling wood floors — as well as for harassment for failure to make those repairs and verbal abuse. (NYSCEF Doc No. 12, Respondents’ exhibit F, Loft Board application TM-0095.)3 Respondents United American Land LLC and Albert Laboz (“Respondents”) have moved to dismiss the petition arguing that the court lacks subject matter jurisdiction to hear claims for violations and harassment in an interim multiple dwelling. Alternatively, Respondents argue that the petition should be dismissed because a prior proceeding is currently pending before the New York City Loft Board.4 For the following reasons, the court finds that the HP proceeding should be dismissed in part, and that an Order to Correct should be issued for the two violations of record placed by HPD. DISCUSSION The Scope of the Loft Board Regulations Pursuant to its statutory authority, the Loft Board has promulgated a list of minimum housing standards and services that must be provided to residential occupants of interim multiple dwellings. Those minimum standards are: 1) Water supply and drainage; 2) Heat; 3) Hot water; 4) Electricity; 5) Gas; 6) Smoke and carbon monoxide detectors; 7) Public lighting; 8) Entrance door security; 9) Elevator service; and 10) Window guards. (NY City Loft Board Regulations [29 RCNY] §2-04 [b] [1]-[10].) However, the Loft Board’s authority is not limited to the enforcement of those enumerated conditions alone. The Loft Board regulations also provide for the maintenance of additional services that may be contained within a rental agreement with a residential occupant. “In addition to those services mandated by §2-04 (b) of this Rule, landlords must maintain and continue to provide to residential occupants services specified in their lease or rental agreement. In the absence of a lease or rental agreement, landlords must provide those services to residential occupants which were specified in the lease or rental agreement most recently in effect in addition to those services mandated in §2-04 (b) above. There must not be any diminution of services.” (NY City Loft Board Regulations §2-04 [c] [emphasis added].) Petitioner’s lease provides: “Warranty of Habitability. All sections of this lease are subject to the provisions of the Warranty of Habitability…. Nothing in this lease can be interpreted to mean that you have given up any of your rights under that law. Under that law, Owner agrees that the Apartment and the Building are fit for human habitation and that there will be no conditions which will be detrimental to life, health or safety.” (NYSCEF Doc No. 7, Respondents’ exhibit A, lease 7.) The provisions of the Loft Board rules and Petitioner’s lease, which relate to and refer to each other, instruct the court that Petitioner’s claims for harassment, broken windows, inoperable HVAC, and buckling wooden floors are properly before the Loft Board. As Petitioner himself argues in his pending complaint before the Loft Board, conditions not specifically itemized as minimum housing standards fall within the Loft Board’s jurisdiction. (NYSCEF Doc No. 12, Respondents’ exhibit F, Loft Board application TM-0095,
