Window Guard HPD NYC

Window Guards: Information for owners

 

Window Guards: Information for Tenants / Owners

Each year, young children are injured or die in falls from unguarded windows, even from the first floor. These tragedies are preventable with properly installed and approved window guards, which are required in many residential buildings.

Tenants must have window guards if you live in a building that has at least three apartments and a child 10 or younger lives in your apartment.

 

Never leave a child alone in a room where there are open windows that do not have window guards. If window guards are not installed, keep windows closed and make sure children cannot climb up to them.

Even if you do not have a child 10 or younger who lives with you, you can still get window guards installed. Ask your landlord for them.

what building owners and superintendents must know about installing window guards- Click to download

 

Where Do You Need Window Guards: Window guards are metal or aluminum devices that are specifically designed to prevent children from falling, not to stop a burglar. Guards should be in every window in the apartment and in common areas, except for windows leading to fire escapes. In buildings with fire escapes, the window guard must be left off one window in each ground-floor apartment so that the window can be used as an emergency exit.

All window types, including sliding windows with screens, should have window guards or limiting devices. Screens are no substitute for window guards. All window guards must be approved by the NYC Health Department and installed by your landlord, according to specific instructions.

Private homes are not required to have window guards, but we recommend they be installed in such residences.

 

How to Get Window Guards

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.

 

Costs of Window Guards: Building owners may charge tenants for the installation and cost of window guards in their apartments, but they may not charge for window guards in public areas. If you move out before paying for window guards in full, you must pay the balance immediately. Your building owner may deduct the remaining unpaid portion from your security deposit.

If you move into an an apartment that already has window guards, you cannot be charged for them. If the landlord chooses to replace the window guards due to renovation or window replacement, you cannot be charged for the new guards.

 

For rent stabilized or controlled apartments, landlords may collect a temporary surcharge for window guards, but the maximum amount may not exceed $10 per guard. Tenants may choose to pay all at once or over a period of one to three years.

 

Any charge for window guards may not become a part of the base rent for the apartment.

 

Tenants Receiving Public Assistance: Tenants do not have to pay for window guards, and they can be reimbursed if they have already paid for them, if they:

 

Receive public assistance

Hold a Section 8 certificate

Receive a Senior Citizen Rent Increase (SCRIE) tax exemption

Receive Supplemental Security Income (SSI)

Receive State payments under Section 209 of the Social Service Law.

Recipients of SSI or Section 209 subsidies may contact their Social Services District Offices with an itemized bill from their building owner following the window guard installation.

 

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For more information about what is required, see the laws that are referenced and the rules applicable to your city and state. This page is for informational purposes only and is not intended as legal advice, professional advice or a statement of law. You may wish to consult with an attorney.