HPD and Dep of health Window Guard information sheet (PDF)

The Window Guard Law in NYC: Ensuring Child Safety ( pdf attached)

New York City is a bustling metropolis with towering buildings that house millions of residents. In such a densely populated urban environment, ensuring the safety of its youngest inhabitants is paramount. One of the critical measures taken by the city to protect children is the implementation of the Window Guard Law, specifically Health Code Section 131.15, overseen by the NYC Department of Housing Preservation and Development (HPD).

What is the Window Guard Law?

The Window Guard Law mandates that building owners in New York City must install window guards in apartments where children aged 10 and under reside. This law applies to all residential buildings with three or more units. The primary objective is to prevent tragic accidents involving children falling from windows.

Requirements Under Health Code Section 131.15

The law outlines specific requirements that landlords and tenants must adhere to:

1. Installation of Window Guards:

   • Landlords must install window guards on all windows, including those in hallways, if a child aged 10 or younger lives in the apartment.
   • Window guards are required in both the primary residence and any additional units occupied by children under 10 years old.

2. Notification and Tenant Responsibility:

   • Tenants must inform their landlords if a child aged 10 or younger lives in the apartment or if they provide childcare services.
   • Tenants must also notify the landlord if they wish to have window guards installed, even if they do not have children, for added safety.

3. Specifications for Window Guards:

   • The window guards must meet specific standards set by the NYC Department of Health and Mental Hygiene (DOHMH).
   • They should be securely installed and not easily removable by children.

4. Annual Notices:

   • Landlords are required to send annual notices to tenants to ascertain the presence of children under 10 years old in the apartments.
   • Tenants must respond to these notices to ensure compliance.

5. Common Areas:

   • Window guards must also be installed in common areas where children aged 10 and under are likely to be present, such as hallways and play areas.

Enforcement and Penalties

The HPD is responsible for enforcing the Window Guard Law. Landlords who fail to comply with the law may face significant penalties, including fines. Tenants can report non-compliance to the HPD, which will conduct inspections and take necessary actions to ensure the safety measures are implemented.

Importance of the Window Guard Law

The implementation of window guards has proven to be a life-saving measure. According to the NYC DOHMH, the installation of window guards has significantly reduced the number of children injured or killed due to window falls. This law not only protects children but also brings peace of mind to parents and caregivers, knowing that an additional safety measure is in place.

Conclusion

The Window Guard Law, as outlined in Health Code Section 131.15, is a crucial regulation in New York City that underscores the city's commitment to child safety. By mandating the installation of window guards in residences with young children, the law helps prevent tragic accidents and ensures a safer living environment. Compliance with this law is essential for landlords and tenants alike, as it represents a collective effort to protect the city's youngest and most vulnerable residents.

For more information, tenants and landlords can visit the HPD website or contact their local housing office to ensure they are meeting all necessary requirements.

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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.