Each year, young children are injured or die in falls from unguarded windows. These are preventable deaths and injuries. Owners have a responsibility to ensure that window guards are properly installed.
Local Law 57 of 2011 authorizes HPD to issue violations for failure to install proper window guards, and to seek penalties for noncompliance. The window guard law also requires owners to send an annual notice to tenants of multiple dwellings (buildings of 3 or more apartments) to determine if window guards are required.
Owners must provide and properly install approved window guards on all windows, including first floor bathrooms and windows leading onto a balcony or terrace in an apartment where a child 10 years of age or younger resides and in each common area window, if any, in such buildings. The exceptions to this law are windows that open onto a fire escape and windows on the first floor that are a required secondary exit in a building in which there are fire escapes on the second floor and up.
If tenants or occupants want window guards for any reason, even if there are no resident children 10 years of age or younger, the tenant can request the window guards in writing and the landlord must install them. For example, grandparents who have visiting children, parents who share custody and occupants who provide child care may wish to request window guards.
Visit the NYC Department of Health and Mental Hygiene for more information on window fall prevention.