WINDOW GUARD ( ADMIN CODE 27-2043.1)- AMENDED

In all buildings with three or more apartments, New York City (NYC) law requires that building owners install window guards if a child age 10 years or younger lives there, or if the tenant or occupant requests window guards for any reason. Building owners who do not comply with this law (NYC Administrative Code §27-2043.1) may receive a violation subject to fines.

Building owners must:

•Send the Annual Notice to tenants, asking if children age 10 or younger live in the apartment, or if window guards are requested for any reason, regardless of whether there are children in the apartment. This notice must be sent in January of each year. With each new lease, building owners must also provide a Lease Notice to Tenant or Occupant to determine if children live in the apartment. (NYC Administrative Code §17-123)

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• Install and maintain NYC Health Department-approved window guards or limiting devices in apartments where these children reside or whenever the tenant requests guards. Owners must also install guards or limiting devices in public hallways and any other common areas in buildings where children age 10 or younger reside.

 

All windows of all types — including those with screens — must have window guards or limiting devices, except

(1) windows leading to fire escapes or those designated for other emergency escapes,

(2) secondary exit windows in first-floor apartments and

(3) windows in which air conditioner (AC) units are permanently installed (see next page for details).

 

Double-hung windows: Window guards must be made of rigid metal and be a minimum of 15 inches tall with three or more horizontal bars. Space between the horizontal bars should be no more than 4 1/2 inches wide. Each window guard must have a Health Department approval number imprinted on a stile (vertical bar) of the window guard. Nondouble-hung windows (such as sliding casement, slider, tilt and turn, awning, project-out, hopper): Health Department-approved limiting devices, with an imprinted approval number, must be installed in pairs to prevent the window from opening more than 4 1/2 inches in any direction.

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Section 1. Article 11 of subchapter two of chapter two of title 27 of the administrative code of the city of New York is amended by adding a new section 27-2043.1 to read as follows:

§27-2043.1 Window guards.

a. An owner of a multiple dwelling and an owner of a dwelling unit in a multiple dwelling owned as a condominium shall provide, install and maintain a window guard, in accordance with specifications established by the department of health and mental hygiene, on each window of each dwelling unit in which a child ten years of age or under resides, and on the windows, if any, in the public areas of a multiple dwelling in which such a child resides.

b. Subdivision a of this section shall not apply to a window that gives access to a fire escape or to a window that is a required means of egress from a dwelling unit on the first floor of a multiple dwelling.

c. No tenant or occupant of a dwelling unit, or other person, shall obstruct or interfere with the installation or maintenance of a window guard as required by subdivision a of this section nor shall any person remove such window guard.

d. No owner of a multiple dwelling and no owner of a dwelling unit in a multiple dwelling owned as a condominium shall refuse a written request of a tenant or occupant of a dwelling unit to provide, install and maintain a window guard, in accordance with specifications established by the department of health and mental hygiene, regardless of whether such provision, installation and maintenance is required pursuant to subdivision a of this section, except that this subdivision shall not apply to a window that gives access to a fire escape or to a window that is a required means of egress from a dwelling unit on the first floor of a multiple dwelling.

e. Any owner required to provide, install and maintain a window guard pursuant to subdivision a or d of this section who fails to provide, install or maintain a window guard shall be liable for a class C immediately hazardous violation. Notwithstanding any other provision of law to the contrary, the time within which to correct such violation shall be twenty-one days after service of the notice of violation.

f. Notwithstanding any other provision of law to the contrary, the department shall be the sole agency of the city authorized to seek a monetary penalty from an owner who is required to provide, install and maintain a window guard for failure to provide, install or maintain such window guard. Nothing in this section shall limit the authority of the department of health and mental hygiene to investigate a fall from any window or to issue an order to correct any condition that such department determines contributed to such fall