Window Guard Requirements in New York City
November 01, 2019 | Finz & Finz, P.C.
Did you know that New York City requires window guards on every building that has three or more apartments and residents who are ten years of age or younger? Every single window on the building must have a window guard, except for windows leading to fire escapes.
Building owners must give all residents Annual Notice forms every year in the first two weeks of January, and the residents have to return the forms to their landlords by February 15. People can also request window guards at any time of the year.
Owner and Superintendent Responsibilities
Building owners and superintendents are required to install window guards on all applicable buildings and fix any window guards that need repairs. A building owner can charge a person for a window guard installed in their apartment but cannot charge people for window guards in public areas.
When you move into a building that already has window guards, the landlord cannot charge you for any costs of replacing or repairing the window guards. Certain tenants receiving public assistance can also avoid having to pay for window guards and may be reimbursed when they do pay for them.
You do not necessarily need to have children of your own to have window guards installed in your building. People are allowed to request window guards when they have concerns about visitors who are children.
A landlord is required to give you a window guard notice as soon as you begin renting. This notice is required to be given to you within 30 days of the date that you start renting.
A Focus On Safety
New York emphasizes that window guards must be “put in right and screwed in tight.” Numerous accident cases in New York City were caused by improperly installed window guards, causing children to fall out of windows and suffer severe injuries.
All window guards must be approved by the Department of Health. The owners of one- or two-family houses are not required to install window guards on their buildings, but that does not mean that residents cannot still request them.
Approved window guards must be made of rigid metal and be at least 15 inches tall with three or more horizontal bars spaced such that they do not allow the passage of a five-inch sphere. The spaces between horizontal bars cannot be more than 4½ inches wide.
Owners are responsible for installing window guards in cooperatives and condominiums as well. Always notify your landlord when a window guard feels loose or is screwed into a rotting or loose window frame.
Contact Finz & Finz
Did your child or another family member suffer severe injuries due to a missing or improperly installed window guard in New York? You’re not alone, and you should know that you have the right to seek compensation and justice. The New York attorneys of Finz & Finz have specific experience handling these types of cases, including a recent $2 million settlement for the family of a two-year-old who fell out of a window due to defectively installed window guards that were not up to code.
Our attorneys will sit down with you and discuss the details of your case and your legal options when you call 1-855-TOP-FIRM to schedule a FREE consultation with us today.
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