Window Guards

October 9, 2017 | By Charles Botensten

Q. I am representing a landlord who owns a 4 unit building.  Is the landlord required to install window guards in the building and what disclosures are required?

A. Yes, under the New York City Health and Administrative codes and related regulations, landlords in New York City must install window guards (i) in any multiple dwelling (defined as a building that contains 3 or more apartments) in which a child under the age of 11 resides and (ii) in apartments where the tenant requests widow guards, even if a child under the age of 11 does not reside in the apartment.  Window guards must be installed in all windows except windows that open onto fire escapes and windows on the first floor that are required secondary exits in a building in which there are fire escapes on the second floor and up. Landlords are required to send window guard notices in English and Spanish no earlier than January 1 and not later than January 16 of each year.  Additionally, all leases offered to tenants in multiple dwellings (including renewal leases) must include a window guard disclosure.   

Important Tip:  
The aforementioned requirements also extend to an owner of a dwelling unit in a multiple dwelling owned as a condo, where that unit is leased to a tenant. 

The Legal Line Question by:
Neil B. Garfinkel
REBNY Broker Counsel

Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP