🪟 NYC Window Guard Notice
Annual Safety Notice – NYC Health Code Article 47
🚨 MANDATORY CHILD SAFETY REQUIREMENT
NYC landlords MUST provide this notice annually to protect children from window falls:
- Annual notice: Must send to ALL tenants every year (typically January-February)
- At lease signing: Must provide to new tenants before or at signing
- Installation required if: Child under 11 lives in unit OR tenant requests guards
- Buildings 3+ stories: Window guards required on all windows (except fire escapes)
- Ground floor excluded: First floor apartments exempt from requirement
Failure to provide notice or install guards = serious violations and fines
⚠️ Who Needs Window Guards
Window guards MUST be installed if:
- Child under age 11 lives in the apartment
- Child under age 11 regularly visits and spends substantial time there
- Tenant requests guards (regardless of children)
- Building is 3+ stories AND unit is above ground floor
Landlord must install guards FREE of charge within 2 weeks of notice/request
📋 Purpose of This Notice
This annual notice serves three purposes:
- Inform tenants about window guard law and children’s safety
- Identify households with children under 11 who need guards
- Allow requests from any tenant who wants window guards
Tenants must respond indicating whether they need window guards installed
📝 Window Guard Notice
Date this notice is being sent to tenants
Building Information
Window guards required for buildings 3+ stories
Landlord/Owner Information
Response Instructions
Give tenants at least 2 weeks to respond
📌 Installation Timeline
Once tenant indicates need for window guards:
- Landlord has 15 days to install approved window guards
- No charge to tenant – landlord pays for guards and installation
- Guards must meet NYC standards – approved designs only
- Annual inspection – landlord must inspect and maintain guards yearly
📚 Complete Guide to NYC Window Guard Law
Why Window Guards Save Lives
Window guard laws were enacted after numerous preventable child deaths from window falls in NYC. Key facts:
- Young children can fall through open windows in seconds
- Falls from 2nd floor and higher can be fatal or cause severe injury
- Window screens do NOT prevent falls (they pop out easily)
- Proper window guards have prevented thousands of falls since law enacted
- NYC requires guards in apartments with children under 11
Which Buildings Must Provide Window Guards
| Building Type | Window Guard Required? | Details |
|---|---|---|
| 3+ stories, rental apartments | YES | Must install in units with kids under 11 or upon request |
| 1-2 story buildings | NO | Exempt – not required to provide guards |
| Ground floor apartments | NO | First floor units exempt (but landlord may install if requested) |
| Owner-occupied 1-2 family homes | NO (generally) | If renting units, may need to comply |
| Co-ops & Condos | VARIES | Building may need to provide; individual owners responsible for their units |
When Window Guards Are Required
Landlords must install window guards when:
🚨 Mandatory Installation Triggers
1. Child Under 11 Lives in Unit:
- Any child age 10 or younger residing in apartment
- Includes tenant’s children, grandchildren, or other children living there
- Child’s primary residence is the apartment
2. Child Under 11 Regularly Visits:
- Child spends “substantial and regular time” in apartment
- Regular babysitting of young grandchildren, nieces/nephews
- Shared custody where child stays frequently
3. Tenant Requests Guards:
- ANY tenant can request window guards
- No need to have children or give reason
- Landlord must install if requested
Annual Notice Requirement
NYC law requires landlords to send window guard notice to ALL tenants every year:
Send Notice Annually (January-February Typical)
Every year, landlords must:
- Send notice to every apartment (not just units with children)
- Notice must explain window guard law and tenant rights
- Ask tenants to identify if child under 11 lives/visits
- Inform tenants they can request guards even without children
- Provide deadline for tenant response (minimum 2 weeks)
New Tenants Get Notice at Lease Signing
When signing new lease:
- Include window guard notice with lease documents
- Ask tenant to indicate whether guards needed
- Install guards before tenant moves in if needed
- Document tenant’s response
Collect Tenant Responses
Tenants should respond indicating:
- Whether child under 11 lives in unit
- Whether child under 11 regularly visits
- Whether requesting guards (with or without children)
- Which windows need guards (if applicable)
Install Guards Within 15 Days
After receiving tenant notification:
- Schedule installation within 15 days
- Use only approved window guard designs
- Install on all windows except those opening onto fire escapes
- At NO COST to tenant
- Provide tenant with instructions for guard operation
Annual Inspection & Maintenance
Ongoing responsibilities:
- Inspect guards annually to ensure proper function
- Repair or replace damaged guards promptly
- Respond to tenant repair requests within reasonable time
- Keep records of installations, inspections, repairs
Keep Records
Documentation to maintain:
- Copies of annual notices sent to all tenants
- Proof of delivery (certified mail receipts, signatures)
- Tenant responses indicating need for guards
- Installation dates and locations
- Inspection and maintenance records
- Keep for at least 3 years
Which Windows Need Guards
✅ Windows That Require Guards
Install guards on:
- All windows in apartment (living room, bedrooms, kitchen, bathroom)
- Any window that opens and is above ground floor
- Windows in hallways near apartment entrance
- Common area windows accessible from apartment
EXCEPTIONS – Do NOT install guards on:
- Windows opening onto fire escapes (fire code prohibits)
- Windows designated as emergency exits
- Windows at ground level (first floor)
Approved Window Guard Standards
Window guards must meet strict NYC specifications:
- Bar spacing: Maximum 4.5 inches between bars (prevents child from fitting through)
- Strength: Must withstand 150 pounds of pressure
- Mounting: Securely fastened to window frame or wall
- Adult release: Must have quick-release mechanism operable by adults (for fire escape)
- Approved designs: Use only FDNY-approved guard models
- Proper fit: Custom-sized to fit window opening completely
Common Mistakes & Violations
❌ Top 10 Window Guard Violations
- No annual notice sent: Forgot to send yearly notice to tenants. Result: $250-$500 violation.
- Late installation: Took 30 days instead of 15 to install after tenant notification. Violation + potential liability.
- Charging tenant: Billed tenant $200 for guards. Illegal – must provide FREE. Refund required + violation.
- Wrong guard design: Used non-approved guards with 6-inch bar spacing. Safety violation, must replace.
- Refusing to install: Told tenant “windows don’t open much, guards not needed.” Must install if requested. Major violation.
- Installed on fire escape window: Blocked emergency exit. Fire code violation – must remove.
- Poor maintenance: Guards rusted and falling off. Hazard violation, liability risk.
- No quick-release: Guards permanently attached with no adult release. Fire code violation.
- Only partial installation: Installed guards in bedrooms only, not living room. Must install on ALL windows.
- Removing guards without permission: Tenant moved out, landlord removed guards without checking new tenant needs. Violation if new tenant has children.
Penalties for Non-Compliance
| Violation | Fine | Additional Consequences |
|---|---|---|
| Failure to send annual notice | $250-$500 | Violation per building |
| Failure to install when required | $500-$1,500 | Additional fines daily until installed |
| Late installation (after 15 days) | $250-$500 | Per unit violation |
| Non-compliant guards | $500-$1,000 | Must replace with approved guards |
| Poor maintenance/broken guards | $250-$500 | Immediate repair/replacement required |
| Child injury due to no guards | N/A | Personal injury lawsuit, potential negligence finding, major damages |
What If Tenant Refuses Window Guards?
Special situation when tenant doesn’t want guards:
⚠️ Tenant Refusal Scenarios
Scenario 1: Tenant with children refuses guards
- Landlord should explain safety importance and legal requirement
- If tenant still refuses, get written refusal signed and dated
- Landlord may still be liable if child injured
- Consider consulting attorney – may need to install despite refusal
Scenario 2: Tenant without children doesn’t respond to notice
- No response means no guards needed
- Keep copy of notice and delivery proof
- If tenant later reports child moved in, install guards promptly
Scenario 3: Tenant initially says no kids, then child moves in
- Tenant must notify landlord when child under 11 moves in or starts visiting regularly
- Landlord must install guards within 15 days of notification
- Best practice: remind tenants to notify if circumstances change
Best Practices for Landlords
✅ Window Guard Compliance Checklist
- Calendar reminder: Set annual reminder for January to send notices
- Template notice: Keep updated notice form ready to send
- Track responses: Maintain spreadsheet of which units need guards
- Approved supplier: Establish relationship with vendor who sells approved guards
- Quick installation: Have installer on call to meet 15-day deadline
- Document everything: Photos of installed guards, signed delivery receipts, tenant responses
- Annual inspections: Add to regular maintenance schedule
- New tenant protocol: Include window guard notice in lease packet automatically
- Proactive approach: Consider installing guards in all units regardless (tenant safety and liability protection)
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. NYC window guard law is strictly enforced to protect children’s safety. Failure to provide annual notice or install required guards can result in violations, fines, and serious liability if child is injured.
You MUST send notice to ALL tenants every year, not just units with children. Every apartment must receive the annual notice explaining window guard availability and tenant’s right to request guards. Document delivery with signatures or certified mail receipts.
Installation must occur within 15 days of tenant notification that child under 11 lives/visits in unit or tenant requests guards. Delays can result in violations and fines. Use only NYC-approved window guard designs that meet safety specifications.
Window guards must be provided FREE of charge to tenants. Charging tenants for guards or installation is illegal and requires refund.
For questions about window guard compliance, approved guard designs, or installation requirements, contact NYC Department of Health (212-788-4290) or consult a property management professional familiar with NYC Health Code Article 47. Child safety is paramount – do not delay compliance.
