131.15 Window Guards
Windows guard and lead paint notice 2023
Include a notice about owner responsibilities under the law with each lease and provide a pamphlet informing occupants about lead. The notice must be provided in English (Protect Your Child from Lead Poisoning and Window Falls) and Spanish (Proteja a su niño del envenenamiento por plomo y de las caídas por las ventanas). The same notice asks tenants of multiple dwellings (buildings of 3 or more apartments) whether there is a child under 11, in which case window guards are required to be installed by the owner. There is also a requirement that owners physically inspect units whose occupants do not respond to the notice to determine if there is a child under six residing in the unit. For more details about the inspection requirement see §11-03 of Chapter 11 of Title 28 of the Rules of the City of New York.
Section of the Law: HMC § 27-2043.1
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STEP 1: PRINT Windows guard and lead paint notice
STEP 2 : MAIL TO TENANT Jan 1st to Jan 10 so tenant will have time to return it
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THIS FORM REQUIRED TO BE GIVEN TO TENANT AT LEASE SIGING
Your building's owner or superintendent must:
· Install window guards in your apartment if your building has more than three apartments, or if you request them.
· Fix any window guards that need repair.
· Install window guards in all public hallway windows if a child 10 or younger resides in the building.
Each year between January 1 and January 15, your building owner must give you an Annual Notice form -click to download (PDF) to complete indicating whether or not children 10 or younger live in the apartment, or if you want window guards for any reason. You must return the form to your landlord by February 15. You can also request window guards in writing at any time.
NYC HPD WINDOW GUARDS
§12-01 Definitions.
When used in these regulations, the following words or terms shall have the following meaning: Child or children. "Child or children" shall mean any person 10 years of age or younger. Department. "Department" shall mean the New York City Department of Health. Installation of window guard. "Installation of window guard" shall mean proper installation and maintenance of window guards in a manner approved by the Department. Landlord. "Landlord" shall mean owner, lessee, agent, or other person who manages or controls a multiple dwelling or dwelling unit. Tenant. "Tenant" shall mean lessee or other occupant regularly residing within a dwelling unit, regardless of whether said occupant is a party to a lease agreement.
§12-02 Lease Notice.
(a) All leases offered to tenants in multiple dwellings shall contain, as a rider to the lease, a notice the form and content of which shall be as specified in Appendix A hereto. (b) Said notice shall be printed in not less than ten (10) point type, and shall bear the title "Window Guard Required" underlined and in bold face. (c) Said notice shall be separately signed and dated by the tenant who signed the lease indicating clearly whether a child ten years of age or under is, or will be, residing in the leased premises.
§12-03 Annual Notice.
(a) Each year the landlord shall deliver to each dwelling unit, a notice, the form and content of which shall be in English and Spanish as specified in Appendix B, no earlier than January 1 and no later than January 16 of the year for which the notice is delivered. The foregoing otwithstanding, if such notice is delivered to the tenant by enclosure with the rent bill pursuant to §12-03(b)(3) below, then the notice may be delivered by the landlord at such time as the rent bill for the month of January is delivered. In addition said notice shall be so delivered within thirty (30) days of a change in occupancy not involving a written lease. This provision shall be effective January 1, 1987. (b) The landlord shall deliver said notice by any one of the following methods:
(1) by first class mail addressed to the tenant at the dwelling unit;
(2) by hand delivery to the tenant at the dwelling unit;
(3) by enclosure with the rent bill.
(c) If by February 15th of the year for which the notice was sent a landlord does not have a written communication signed by the tenant, and does not otherwise have actual knowledge of the need or desire for window guards, then the landlord or his agent shall at reasonable times inspect the dwelling unit to ascertain whether a child 10 years of age or younger resides in the dwelling and if so, whether approved window guards are properly installed and maintained.
(d) If by March 1 a landlord who has fully complied with subdivisions (b) and (c) of this section has been unable to ascertain the need or desire for window guards in any dwelling unit or units, then he shall write to the Department's Window Falls Prevention Program, 125 Worth Street, New York, New York 10013, fully describing what efforts have been made to comply with §131.15 of the New York City Health Code and these regulations, for the purpose of requesting assistance in regard to his further compliance. Such request shall include the name and telephone number of the landlord or his representative. Every window in the apartment must have a window guard, except windows leading to fire escapes. In buildings with fire escapes, window guards must be left off one window in each ground-floor apartment so the window can be used as an emergency exit. All public hallway windows must have window guards, too
What NYC Building Owners Need to Know About Window Guards
For properties with three or more units, New York City law requires that building owners install and maintain window guards for apartments where a child age 10 years or younger lives. Every window in the apartment, except those leading to fire escapes, must have window guards. These metal or aluminum devices are designed to prevent children from falling out of windows. They are different from burglar bars.
Window guards and legal requirements
The law has several requirements:
Notices. When tenants sign a lease, the landlord must provide a window guard notice form within the first 30 days of occupancy. In addition, building owners must send an annual notice regarding window guards between January 1 and January 16. Tenants are required to complete and return the form to notify the landlord if a child age 10 years or younger lives in the apartment. These forms can also be used to request the guards for any other reason, such as to protect visiting children or for personal safety concerns.
Installation. Where required or requested, landlords must install window guards on every window in the apartment, even on the first floor, with the exception of windows leading to fire escapes. Window guards must be left off one window in each ground-floor apartment to allow use of the window as an emergency exit. In addition, all public hallway windows must have window guards for buildings with children age 10 years or younger.
Compliance. These metal guards must meet the requirements of the Department of Health and Mental Hygiene, which has approved many types of these devices. Approved window guards are a minimum of 15 inches tall, with horizontal bars spaced 4.5 inches apart. The New York City Department of Health maintains a list of approved devices online. Guards and any other limiting devices should be appropriate to the window type (e.g., double hung, casement, sliding, etc.).
Building owners and landlords are responsible for installation and maintenance of these protective devices. For co-operative buildings, the responsibility remains with management. For owners in condominium buildings, the individual unit owners are responsible for installing and maintaining the guards. (Some condo managers do install them, but they’re still the owner’s responsibility.) Even in condo buildings, management is still responsible for guards in the hallway.
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