I've been a rent-stabilized tenant for ~20 years in a small building (less than 30 units). Have my 4 yo son living with me. There were 5 or 6 lead paint violations issued by HPD in my apt (he disputed that lead paint was there even after my private inspector came, and an HPD inspector came) plus peeling paint and cracked wall violations. Over the past couple years, LL did several terrible "repairs" on walls/doors -- most recently dry sanding for several hours with my son present several feet away.
In the last month, he's had several contractors in my apt, did his own lead inspection, and annoyed me with visits about ridiculous things, taking many photos and having his 22 yo son tag along to record me with his iphone. Then he filed an extension with HPD saying "inability to find labor."
I phone him to ask what his plans were. He said he was waiting on estimates and was confident this could all be worked out. I could relocate to a vacant apartment downstairs.
A week and a half ago I told him I wanted some kind of relocation agreement, as he had proposed a tentative date of 01/14. He responded with two paragraphs via email which lacked rent details, specific work details, etc. The vacant apt is half the size of my current one so most of our stuff would have to go into storage while he cures the lead paint violations -- only he called it "the work" in his email, said I'd need to be out for 7 weeks (coincidentally quite close to when my lease term ends). He claims he is throwing in extras like electrical upgrades and cabinets although I never asked for these. He became very snotty when I told him my new loft beds would have disassembled/reassembled by a professional and they probably won't fit in the new place, and basically told me to hire some pros to disassemble/reassemble at my own expense. Also LL said that 80 feet of built in shelving (my only storage for books and clothing) will be torn out and not replaced. I asked about who he would have do the dust clearance testing afterwards and he said the same company who would do the abatement. I told him this was illegal, and also I need a relocation agreement. He basically told me to stuff it. This took place in email.
I hired a (very high-priced!) attorney thinking she could call his attorney and get me a relocation agreement similar to one you mentioned in one of your posts, so that he doesn't try shenanigans which I believe is likely. But my attorney was basically cowed by his attorney and said his refused to give me any kind of assurances about returning to my apt, or rent terms/raises, etc. Furthermore, she says that I have no right to refuse him access on the basis of no relocation agreement. And now his attorney is writing insinuating emails about me keeping a four year old in an apartment with a hazardous condition and that I am "refusing to walk away from my lease." (Damn right!)
LL wants me to begin moving tomorrow. Can I put my foot down and refuse to relocate? Run to the courthouse and file an HPD action (which high-priced attorney had talked me out of last week!)? Get an injunction? To complicate matters, he swapped out the valve on the heat riser in my son's tiny bedroom without being asked and now it is 80 degrees in there. And we can't open the window because lead dust is blowing in from the terribly peeling, rusting fire escape.
And if you are still reading, to make matters worse, I brought in a sample of the materials blowing in though the bedroom window (the outer windowsill is also eroding and I cough constantly) and the report came back Friday positive for both lead and friable asbestos. Both the fire escape lead paint and my crumbling outer windowsill have asbestos blowing off of them. I immediately called 311 so they would send inspectors over (they are coming in the morning) and have placed my son elsewhere for a few days while I figure this out. (I had asked my LL on previous occasions and in that email chain from one week ago if he planned to abate the rusted out fire escape which blows lead paint into the bdrm at the same time as the abatement in my apt, but he refused to answer.)
Anyone have any suggestions of what actions I can take tomorrow once the inspectors leave, and my angry LL comes banging on my door claiming I must move out with no written assurances/agreement?