DHCR FACT SHEET #25
Division of Housing and Community Renewal

WINDOW GUARDS

The New York City Health Code [S. 131.15 requires owners of 
multiple dwellings (3 apartments or more) in New York City to 
provide, install, and maintain window guards when a child (or 
children) ten years old or younger lives there. Tenants with no 
children -- or none living at home -- may also request and 
receive window guards if they want them for any reason.

Window guards approved by the NYC Department of Health (DOH) must 
be properly installed according to DOH specifications in all 
windows, including bathroom windows, except any window providing 
access to fire escapes. For buildings with fire escapes above the 
first and ground floors, but none below. one window must be left 
unguarded to allow for a secondary exit from the apartment [NYC 
Building Department rule 4.10].

An owner of a rent stabilized or rent controlled apartment may 
collect a temporary surcharge from the tenant. The maximum amount 
of this temporary surcharge may not exceed $10 per window guard. 
The tenant may choose to pay at one time, or in equal monthly 
installments over a one, two, or three year period. This charge 
does not become a part of the base rent for the apartment. The 
first monthly installment may be collected on the first day of 
the month following installation, without an official order from 
the Division of Housing and Community Renewal (DHCR). if a tenant 
leaves the apartment before the total surcharge is paid in full, 
the tenant must pay the balance immediately. The owner may deduct 
the remaining unpaid portion from the tenant's security deposit. 
When a new tenant moves into an apartment in which window guards 
were installed for the previous tenant, the new tenant may not be 
charged for them. If the window guards have been fully paid for 
and the owner replaces them due to the owner's renovation or 
replacement of windows, a second surcharge in that apartment may 
not be collected from that tenant or any later one.

Recipients of public assistance, holders of Section 8 
certificates, households receiving Senior Citizen Rent Increase 
Exemptions (SCRIE), Supplemental Security Income (SSI) , or State 
payments under Section 209 of the Social Service Law, will not be 
required to pay this charge out-of-pocket. Instead, with a two-
party check issued through local Income Maintenance Centers. the 
Human Resources Administration will reimburse owners after the 
tenant submits an itemized bill on the owner's stationery 
following the window guard installation. Recipients of SSI or 
Section 209 subsidies may contact their Social Services District 
Office with an itemized bill from the owner following the window 
guard installation.

Owners of multiple dwellings are also responsible for the 
installation of window guards in public areas if a child ten 
years old or younger lives in the building. The cost of window 
guards installed in public areas may not be passed on to tenants 
in the building .

Each year, between January 1 -- January 15, owners must comply 
with DOH and NYC Administrative Code (S.17-123) requirements and 
send or deliver to each tenant or occupant a DOH approved form in 
English and Spanish. The tenant must complete the form and return 
it to the owner indicating whether or not children ten years old 
or younger live in the apartment or if the tenant or occupant 
wants window guards for any reason. Failure to follow this 
procedure by the owner or tenant is a violation of NYC 
Administrative Code (17-123). Owners are also required to attach 
a DOH approved special lease Notice To Tenant ("Appendix A") to: 
(1 ) all vacancy leases and, (2) all renewal leases.

The window guards and their installation must conform to DOH 
specifications or the owner will be in violation and ordered to 
replace or correct them. Only DOH approved guards, properly 
installed, qualify for the temporary surcharges. DOH will supply 
owners with a list of approved manufacturers of window guards and 
specifications, upon request.

Owners and tenants may obtain additional information and 
assistance regarding notification procedures and DOH regulations 
as well as Annual Notice to Tenant or Occupant forms ("Appendix 
B") by contacting:

    NYC Department of Health 
    Window Falls Prevention Program 
    125 Worth Street, Room 222A 
    New York, NY 10013 
    (212) 788 4270 or (212) 788 4269.

Tenants may report non-complying owners or improperly installed 
window guards by calling the NYC Department of Health at (212) 
693-4636.

Tenants or owners with questions about the temporary surcharge 
should call DHCR's Rent Infoline (718) 739- 6400 or visit their 
local Borough Rent Office.

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DHCR Fact Sheets (series of thirty) are issued by the New York 
State Division of Housing and Community Renewal (DHCR) as plain-
english informational publications.  For official agency 
policies, see DHCR Policy Statements, Advisory Opinions and 
Operational Bulletins. Also refer to the Rent Stabilization Code, 
the Rent Stabilization Law and various Rent Control Statutes.

Electronic versions of these documents on TenantNet are for 
informational purposes only and there is no guarantee they will 
be accepted by any court (or even DHCR) as true copies of DHCR 
policy. The reader may obtain true copies of these documents from 
DHCR.

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Sheets as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written.  The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws.  Since
housing laws are complex and often contradictory, it is
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For more information or assistance, call the DHCR Rent Infoline 
at (718) 739-6400, or visit your Borough Rent Office.

Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400

Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678

Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246

Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below

Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above

Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277

Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494

Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434

Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575

Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596

Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382

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